An Act to amend the Longshoremens and Harbor Workers Compensation Act with respect to the payment of compensation in cases where third persons are liable
PL 86-171 (H.R.451), enacted 08/18/1959

73 S T A T . ] 
PUBLIC LAW 86-171-AUG. 18, 1959 
and directed to transfer to the jurisdiction of the Secretary of the 
Interior, without remuneration, for addition to the Custis-Lee 
Mansion, approximately 0.76 acre of land within the Arlington 
National Cemetery lyin^ immediately south of the Custis-Lee Mansion, 
more particularly described as follows: 
Beginning at a bronze disc in the east curb of Sherman Avenue at 
the southwest corner of the present Custis-Lee Mansion grounds 
marked C L 3, thence with the east curb of Sherman Avenue in a 
southwesterly direction 117.03 feet along the arc of a curve whose 
radius is 175.98 feet and whose long chord bears south 36 degrees 49 
minutes 12 seconds west for 114.89 feet to a bronze disc in the curb 
marked C L 4, thence leaving Sherman Avenue, east 121.33 feet to a 
bronze disc set in concrete and marked C L 5, thence south 00 degrees 
59 minutes 04 seconds east 135.03 feet to a bronze disc set in concrete 
and marked C L 6, thence north 88 degrees 33 minutes 40 seconds 
east 103.75 feet to a bronze disc set in concrete and marked C L 7, 
thence north 47 degrees 10 minutes 49 seconds east 10.03 feet to a 
bronze disc set in concrete and marked C L 8, thence north 1 degree 
12 minutes 50 seconds east 217.61 feet to a bronze disc set in concrete 
and marked C L 9 in the south line of the present Custis-Lee Mansion 
grounds (the last three courses being 4 feet north, northwest, and 
west, respectively, from rows of existing headstones), thence with 
the south line of the present Custis-Lee Mansion grounds and along 
the south side of an existing brick wall, west 170.46 feet to the place 
of beginning, containing 33,151 square feet or 0.76106 acre of land more 
or less, in accordance with a plat of survey made by National Park 
Service, National Capital Parks dated September 20,1955, and bearing 
file number NCP 2.3-94. 
Approved August 18, 1959. 
391 
Public Law 86-171 
AN ACT 
To amend the Longshoremen's and Harbor Workers' Compensation Act, with 
respect to the payment of compensation in cases where third persons are 
liable. 
August 18, 1959 
[H. R. 451] 
Be it enacted hy the Senate and House of Representatwes 
of the 
United States of America in Congress assembled^ That section 33 of and °i?^bo?* wo?k-
the Longshoremen's and Harbor Workers' Compensation Act is ers' compensa-
T , ° , 
1 
i
> 11 
tion 
Act, 
amend-
amended to read as lollows: 
tnent. 
44 Stat. 1440. 
33 u s e 933. 
"COMPENSATION FOR INJURIES WHERE THIRD PERSONS ARE LIABLE 
"SEC. 33. (a) If on account of a disability or death for which com-
pensation is payable under this Act the person entitled to such com-
pensation determines that some person other than the employer or a 
person or persons in his employ is liable in damages, he need not elect 
whether to receive such compensation or to recover damages against 
such third person. 
"(b) Acceptance of such compensation under an award in a com-
pensation order filed by the deputy commissioner shall operate as an 
assignment to the employer of all ri^ht of the person entitled to 
compensation to recover damages against such third person unless 
such person shall commence an action against such third person within 
six months after such award. 
392 
PUBLIC LAW 86-171-AUG. 18, 1959 
[73 STAT. 
"(c) The payment of such compensation into the fund established 
33 use 944. 
ii^ section 44 shall operate as an assignment to the employer of all 
right of the legal representative of the deceased (hereinafter referred 
to as "representative") to recover damages against such third person. 
"(d) Such employer on account of such assignment may either 
institute proceedings for the recovery of such damages or ma^ com-
promise with such third person either without or after instituting 
such proceeding. 
"(e) Any amount recovered by such employer on account of such 
assignment, whether or not as the result of a compromise, shall be dis-
tributed as follows: 
" (1) The employer shall retain an amount equal to— 
"(A) the expenses incurred by him in respect to such pro-
ceedings or compromise (including a reasonable attorney's 
fee as determined by the deputy commissioner) ; 
"(B) the cost of all benefits actually furnished by him to 
33 use 907. 
the employee under section T; 
"(C) all amounts paid as compensation; 
"(D) the present value of all amounts thereafter payable 
as compensation, such present value to be computed in 
accordance with a schedule prepared by the Secretary, and 
the present value of the cost of all benefits thereafter to be 
furnished under section 7, to be estimated by the deputy 
commissioner, and the amounts so computed and estimated 
to be retained by the employer as a trust fund to pay such 
compensation and the cost of such benefits as they become due, 
and to pay any sum finally remaining in excess thereof to the 
person entitled to compensation or to the representative; and 
"(2) The employer shall pay any excess to the person entitled 
to compensation or to the representative, less one-fifth of such 
excess which shall belong to the employer. 
"(f) If the person entitled to compi^nsation institutes proceedings 
within the period prescribed in sectioii 33(b) the employer shall be 
required to pay as compensation undeij this Act a sum equal to the 
excess of the amount which the Secretary deteimines is payable on 
account of such injury or death over the amount recovered against 
such third person. 
"(g) If compromise with such third person is made by the person 
entitled to compensation or such representative of an amount less than 
the compensation to which such person or representative would be 
entitled to under this Act, the employer shall be liable for compensa-
tion as determined in subdivision (f) only if such compromise is made 
with his written approval. 
"(h) Where the employer is insured and the insurance carrier has 
assumed the payment of the compensation, the insurance carrier shall 
be subrogated to all the rights of the employer under this section. 
"(i) The right to compensation or benefits under this Act shall be 
the exclusive remedy to an employee when he is injured, or to his 
eligible survivors or legal representatives if he is killed, by the negli-
gence or wrong of any other person or persons in the same employ: 
Prcyvided^ That this provision shall not affect the liability of a person 
other than an officer or employee of the employer." 
Approved August 18, 1959.