*1 FRANK, HAND, L. and Before CHASE Judges. Circuit CHASE, Judge. Circuit appeal requires This whether us to decide employee civil a service the States United of. employed who is the crew as a member of STATES. v. UNITED JOHANSEN army transport may govern- sue the оf an 275, No. Docket 22012. ment, Act, under 46 U. the Public Vessels 781-790, personal S.C.A. to recover for Appeals §§ States Cоurt of United injuries, duty, received in line must Circuit. of or Second accept compensation as under solе an award Argued May 4, 1951. Act, Employees Compensation the Federal July 30, 1951. Decided seq. 5 U.S.C.A. 751 et § appellant,
The Johansen, was member a of “Kingsport the crew -of the U. S. T.A. Victory” employee civil as service оf the a United the and not as a member States of par- armed forces. We that the understand transport ties that agree, engaged the was military operation was, in a when he on 5, 1949, August by hit lumber falling and in- jured, allegedly negligеnce because of the of appellee the or the because of unseaworthi- ness the He of vessel. was admitted to a hospital marine where he treat- received until, 24, on ment October 1949he wаs dis- charged as cured. appellant The was by informed su- his
periors, on acting behalf the of United States, he, that member as a the of civil component service of the army crew of an transport, right against had no the United except compensation States to receive ben- the under States efits Employees United Compensation Believing this Act.. informa- *2 163 it, he Claims by be and induced Act for line of injuries tion to correсt received in duty. duly such benefits application for made paid in all $358.20. and awarded and was appellant Since the lim- have been would 7, 1949, his duties he resumed On November employed ited to suit a if he been aboard had payments compensation pay
on full
his
and
States,
merchant
the
vessel
and
of
United
this
brought
He then
were terminated.
compensation
military
to
of the
if a member
suit,
judgment which
appeals from
and
a
serviсe,
re-
him but
means of
allowing
one
that the
ground
dismissed his libel on the
en-
covery
appropriately
“into
will
the
fit
was
acceptance
compensation award
of the
system
statutory
against
tire
of remediеs
what-
constituting waiver of
an election
a
the
workable,
Government
make
con-
to
a
may
had.
right
evеr
to sue he
have
equitable
sistent and
whole.”
v.
Feres
States,
135, 139,
United
U.S.
340
71 S.Ct.
appellant
not
whether the
We neеd
decide
153, 156.
by
bringing
an
is disabled from
this suit
award;
accept
compensation
impute
Nor
election to
а
is it unreasonable to
to Con
since,
government
having
not
consented gress
the
rights
an intention to confer similаr
sued,
remedy.
only
upon
be
was his
to
that
civilian
of the
military
and
members
public
crew of a
The
com
vessеl.
civilian
Cir.,
States, 4
186
United
If
v.
Johnson
ponent
transport
army
the
is
of
crew of an
120,
a ci-
holding that
F.2d
is to be read аs
subject to
the
military
just
law
enlisted
as
the
patrol
may
boat
sue
vilian seaman
aon
part
Falls,
of
pаrte
D.C.N.J.,
the crew. Ex
the Public
Act
Vessels
United States under
415;
parte
251
Ex
Gerlach,
F.
D.C.S.D.N.
operation,
military
injuries
for
suffered in
Y.,