WORKERS COMPENSATION Relation with Longshore Act LiabilityPosted by Paul Macri - 12/02/10 at 03:02 pm
Relation with Longshore Act Liability
St. Mary’s Regional Medical Center v. Bath Iron Works, 2009 ME 92, 977 A.2d 431, Saufley, C.J.
In this case, a hospital sought payment for its medical treatments to two employees under the Workers’ Compensation Act, even though the employees had pursued their benefits under the Longshore Act. Since the two statutory schemes are complementary and the employee is not required to elect benefits but is permitted to seek benefits under either one, the hospital was permitted also to directly sue under the Workers’ Compensation Act even though the employees did not. The hospital stood in the place of the employees with regard to health benefits and therefore had a right to make a claim under the Workers’ Compensation Act. Health benefits under that Act were higher than under the Longshore Act.