Howlett v. Birkdale Shipping Co., 512 U.S. 92, 12 (1994)

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96

HOWLETT v. BIRKDALE SHIPPING CO.

Opinion of the Court

supervise the loading stevedore's cargo operations for the benefit of longshoremen in later ports), with Turner v. Japan Lines, Ltd., 651 F. 2d 1300 (CA9 1981) (vessel must supervise a foreign stevedore's loading operations), cert. denied, 459 U. S. 967 (1982).

II

The Longshore and Harbor Workers' Compensation Act, 44 Stat. 1424, as amended, 33 U. S. C. § 901 et seq., establishes a comprehensive federal workers' compensation program that provides longshoremen and their families with medical, disability, and survivor benefits for work-related injuries and death. See generally T. Schoenbaum, Admiralty and Maritime Law § 6-6 (1987); M. Norris, Law of Maritime Personal Injuries §§ 4:11, 4:22-4:29 (4th ed. 1990). The injured long-shoreman's employer—in most instances, an independent stevedore, see Edmonds v. Compagnie Generale Transatlantique, 443 U. S. 256, 263-264 (1979)—must pay the statutory benefits regardless of fault, but is shielded from any further liability to the longshoreman. See 33 U. S. C. §§ 904, 905(a); Norris, supra, §§ 4:7-4:10.

The longshoreman also may seek damages in a third-party negligence action against the owner of the vessel on which he was injured, and may do so without forgoing statutory compensation if he follows certain procedures. See Estate of Cowart v. Nicklos Drilling Co., 505 U. S. 469 (1992). Section 5(b) provides in relevant part:

"In the event of injury to a person covered under this Act caused by the negligence of a vessel, then such person . . . may bring an action against such vessel as a third party . . . , and the employer shall not be liable to the vessel for such damages directly or indirectly and any agreements or warranties to the contrary shall be void. . . . The liability of the vessel under this subsection shall not be based upon the warranty of seaworthiness

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