Jean Martin v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “More troublesome [to the plaintiff-employee’s civil Claim] is the fact that plaintiff has continued to accept compensation despite the contradictory theory of her tort claim.”
• claimant’s acceptance of LHWCA compensation benefits that were unilaterally and voluntarily offered by employer was not an unequivocal election of remedies that barred subsequent recovery in tort
• in order for an employee’s civil claim to be barred, the employee’s conduct must evidence a “conscious intent” to elect the compensation remedy and waive civil remedies
• “°...5 U.S.C. § 8173 states that the liability of the United States under this scheme of compensation is exclusive; nonappropriated fund employees whose injuries are covered have no other remedies against the government.”
• no estoppel by employer's unilateral decision to pay compensation benefits

Source: CourtListener parenthetical corpus (CC0).