470
Opinion of the Court
"entitled to compensation" at the moment his right to recovery under the Act vested. If the language of § 33(g)(1) left any doubt, the ambiguity would be eliminated by the statute's structure, especially the addition of subsection (g)(2). This interpretation of § 33(g) is reinforced by the fact that the phrase "person entitled to compensation" is used elsewhere in the statute in contexts in which it cannot bear Cowart's meaning, and is not altered by the fact that subsection (g)(2) uses the term "employee" rather than that phrase. Contrary to Cowart's argument, this interpretation of § 33(g) gives full meaning to all of subsection (g)(2)'s notification and consent requirements. The question whether Nicklos' participation in the settlement brings this case outside § 33(g)(1)'s terms is not addressed, since it was not fairly included within the question on which certiorari was granted. The possible harsh effects of § 33(g) are recognized, but it is the duty of the courts to enforce the judgment of the legislature; it is Congress that has the authority to change the statute, not the courts. Pp. 475-484.
927 F. 2d 828, affirmed.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, Souter, and Thomas, JJ., joined. Blackmun, J., filed a dissenting opinion, in which Stevens and O'Connor, JJ., joined, post, p. 484.
Lloyd N. Frischhertz argued the cause and filed briefs for petitioner.
Michael R. Dreeben argued the cause for the federal respondent. With him on the brief were Solicitor General Starr, Deputy Solicitor General Mahoney, Steven J. Mandel, and Edward D. Sieger. H. Lee Lewis, Jr., argued the cause and filed a brief for the private respondents.*
Justice Kennedy delivered the opinion of the Court.
The Longshore and Harbor Workers' Compensation Act (LHWCA or Act), 44 Stat. 1424, as amended, 33 U. S. C. § 901 et seq., creates a comprehensive federal scheme to compen-*Thomas D. Wilcox and Franklin W. Losey filed a brief for the National Association of Stevedores et al. as amici curiae urging affirmance.
Vance E. Ellefson and C. Theodore Alpaugh III filed a brief for Petroleum Helicopters, Inc., et al. as amici curiae.
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