(DOWNLOAD) "Henry Kenny Et Al. v. James Bacolo Et Al." by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Henry Kenny Et Al. v. James Bacolo Et Al.
- Author : Court of Appeals of New York
- Release Date : January 20, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The Longshoremens and Harbor Workers Compensation Act provides that an employers obligation to compensate an employee under the act "shall be exclusive and in place of all other liability of such employer to the employee * * * and anyone otherwise entitled to recover damages from such employer at law * * * on account of such injury" to the employee (US Code, tit 33, § 905, subd [a]). Plaintiff, an employee of the third-party defendant, Atlantic Repair Co., Inc., received an award of compensation on January 12, 1981, pursuant to a compensation order under the act (see US Code, tit 33, § 919) obligating Atlantic and the State Insurance Fund to provide certain payments to plaintiff. This compensation order precludes defendant Horowitz from maintaining this third-party action for contribution against plaintiffs employer (see Cooper Stevedoring Co. v Kopke, Inc., 417 U.S. 106; Atlantic Coast Line R.R. Co. v Erie Lackawanna R.R. Co., 406 U.S. 340; Halcyon Lines v Haenn Ship Corp., 342 U.S. 282; US Code, tit 33, § 905, subd [a]).