McClanahan v. Morauer & Hartzell, Inc./Opinion of the Court

United States Supreme Court

404 U.S. 16

McClanahan  v.  Morauer & Hartzell, Inc.

 Argued: Oct. 21, 1971. --- Decided: Nov 8, 1971

Under § 33(g) of the Longshoremen's and Harbor Workers' Compensation Act, an employer is not obligated to pay compensation to an employee who, without the employer's written approval, settles a claim against a third person for an amount less than the compensation to which the employee is entitled under the Act. 44 Stat. 1441, as amended, 33 U.S.C. § 933(g). Certiorari was granted in this case, 402 U.S. 1008, 91 S.Ct. 2196, 29 L.Ed.2d 430 (1971), on the assumption that it presented the question whether the consent judgment entered by the District Judge awarding petitioner damages against a third person evidenced a 'compromise' subject to § 33(g), or an award of damages 'determined * * * by the independent evaluation of a trial judge,' not subject to § 33(g) under Banks v. Chicago Grain Trimmers Assn., 390 U.S. 459, 467, 88 S.Ct. 1140, 1145, 20 L.Ed.2d 30 (1968). Fuller examination of the case on oral argument discloses that the record does not adequately present that question. The writ of certiorari is therefore dismissed as improvidently granted.

Writ dismissed.

Mr. Justice DOUGLAS, dissenting.

Notes