Workers’ Compensation · Primary-source case analysis

Rodriguez: Waiting Six Months Transferred the Longshore Workers' Third-Party Claims

By Aneeta Mishra and Timothy Chan

Published September 10, 2026

Rodriguez v. Compass Shipping Co. consolidated three longshore workers' attempts to sue shipowners after statutory assignment of their third-party claims under the Longshoremen's and Harbor Workers' Compensation Act.

The workers accepted compensation awards

Each worker was injured aboard a ship, pursued compensation against the stevedore employer, and accepted compensation pursuant to an award. Each later sued the allegedly negligent shipowner more than six months after the award.

Section 33(b) made assignment automatic

The statute used mandatory language: acceptance under an award followed by six months without suit assigned all of the worker's right against the third party to the employer. The Court rejected a concurrent-right theory after assignment.

Employer inaction did not return the claim

The employers did not pursue the assigned claims, but the statute neither required them to sue nor supplied a procedure compelling suit or reassignment. Legislative history did not override the enacted rule.

The shipowners' judgments were affirmed

Because the statutory conditions had occurred, the workers no longer controlled the third-party actions. The unanimous Court affirmed summary judgment for the shipowners.

Key takeaways

• Identify whether compensation was accepted under an award that triggers section 33(b).
• Calendar the six-month third-party filing period from the operative award.
• Investigate third-party liability before control of the claim changes.
• Check the current statute and any case-specific conflict issue before relying on the historical rule.