dissenting:
I dissent. The majority opinion denies Dupre’s Louisiana workmen’s compensation claim against Otis Engineering Corporation on the ground that he had received workmen’s compensation benefits from his principal employer, Patterson and Edmonson Construction Company. As the majority acknowledges, it is undisputed that Dupre was a seaman in his employment with Patterson and Edmonson. Therefore, in my view, because of the seamen’s exclusionary provision of the Louisiana workmen’s compensation law, La.Rev.Stat.Ann. § 23:1037 (West), Patterson and Edmonson was not liable to Dupre for workmen’s compensation benefits. Its liability would have been under the general maritime law.
Highlands Insurance Company insured both Patterson and Edmonson and Otis Engineering. It was to the benefit of Highlands to settle all of Dupre’s potential claims in the Louisiana state court proceeding initiated jointly by Highlands, Patterson and Edmonson, and Dupre when the latter agreed to a settlement. The release executed by Dupre released Patterson and Edmonson and Highlands from all claims, whether under the Jones Act, Louisiana workmen’s compensation, general tort, maintenance and cure, or whatever.1 Dupre’s court appointed attorney insisted that the release contain a provision reserv*235ing Dupre’s rights against all other parties, including Otis Engineering. Such a reservation was included in the settlement agreement.
Since La.Rev.Stat.Ann. § 23:1037 (West) clearly states that workmen’s compensation shall not “be payable to the master, offi1 cers, or members of the crew of, any vessel used in interstate or foreign commerce,” and since Dupre was employed by Patterson and Edmonson as a seaman, I cannot agree with the majority’s holding that Dupre’s claim against Patterson and Edmonson could in effect be converted into a workmen’s compensation claim. Therefore, in my opinion, the appellant has not received workmen’s compensation under Louisiana law and should not be barred from pursuing such a claim against Otis Engineering. Furthermore, Otis Engineering would not be entitled to indemnification from Patterson and Edmonson under La.Rev.Stat.Ann. § 23:1061 (West) because as a result of the seaman’s exclusion of § 23:1037, Patterson and Edmonson would not have been liable to pay Dupre workmen’s compensation. I would reverse and remand.
. In the release agreement, Dupre granted Patterson and Edmonson Construction Company and its insurer Highlands Insurance Company, a full release and discharge from any and all liability whatsoever arising out of the aforesaid accident, or any accident prior to the date hereof, whether the liability, if any, be in damages, tort, compensation or otherwise, or whether the liability, if any, arises under the laws of the State of Louisiana or any State of the United States, or the laws of the United States including the Jones Act, the Longshoremen and Harborworkers Act, the Outer Continental Shelf Lands Act, and the general maritime law, or the laws of any foreign nation, with full reservation of Joseph P. Dupre’s rights against all others.