(concurring in part and dissenting in part).
The ground given as the basis for the controversion notice is insufficient for Section 33(a) of the Longshoremen’s and Harbor Workers’ Act, 33 U.S.C.A. § 933 (a), does not require the longshoreman to make an election. The statute states merely that the longshoreman “may elect” to accept compensation or to recover damages from a third person. But it does not follow, as plaintiff-appellee asserts, that the Act gives him the remedy he seeks, viz., the collection of compensation without an award. However, the Act is remedial and must be construed liberally. Liberty is not relieved of its obligation to pay the compensation, and must do so upon election by Leonard to accept an award; even though he does so elect, Leonard still possesses the right to retain counsel and to bring an action against a third person if he desires. The assignment clause of the Act, 33 U.S. C.A. § 933(b), is to guarantee recoupment by the employer of so much as he has lost through payment of compensation. In all other respects I concur in the views expressed.
267 F.2d — 27%