JUDGES' BENCHBOOK:
Longshore and Harbor Workers' Compensation Act
April 16, 2002 [2002 Revision]
LIEN AGAINST ASSETS
DISCLAIMER:
The Longshore Benchbook was created solely to assist the Office of Administrative Law
Judges as a first reference in researching cases arising under the Longshore and Harbor Workers'
Compensation Act, and extension acts, as amended. This Benchbook does not constitute the official
opinion of the Department of Labor, the Office of Administrative Law Judges, or any individual
judge on any subject. This Benchbook does not necessarily contain an exhaustive or current
treatment of case holdings, and should, under no circumstances, substitute for a party's own research
into the statutory, regulatory, and case law authorities on any given subject referred to therein. It is
intended to be used as a research tool, not as final legal authority and should not be cited or relied
upon as such.
Where a trust fund which complies with section 302(c) of the Labor-Management Relations Act of 1947 (20 U.S.C. § 186(c))
established pursuant to a collective-bargaining agreement in effect
between an employer and employee covered under this Act has
paid disability benefits to an employee which the employee is
legally obligated to repay by reason of his entitlement to
compensation under this Act or under a settlement, the Secretary
shall authorize a lien on such compensation in favor of the trust
fund for the amount of such payments.
33 U.S.C. § 917.
Section 17 provides an exception to Section 16. If a claimant, who has received disability
benefits from a trust fund under Section 302(c) of the Labor-Management Relations Act of 1947, is found
to be entitled to compensation benefits under the LHWCA or under a settlement, the Secretary shall
authorize a lien on these benefits in favor of the trust fund.
In MacDonald v. Trailer Marine Transport Corp., 18 BRBS 259 (1986), the Board noted that the
judge had properly allowed intervention of the pension fund because it was a Taft-Hartley Trust entitled
to a statutory lien on the claimant's compensation under Section 17 of the LHWCA. This lien will be
authorized only in favor of a trust fund. Thus, in Harris
v. Sun Shipbuilding & Dry Dock Co., 6 BRBS 494
(1977), vacatedonothergroundssubnom. Aetna Life Ins. Co. v. Harris, 578 F.2d 52 (3d Cir. 1978),
recovery by Aetna of benefits paid claimant under a group sickness and accident plan was denied as not
falling within this section.