Doleman v. Levine

Background

Doleman, a worker in the District of Columbia, was killed after being struck by the respondent’s automobile. He left a widow and a dependent father who served as administrator. The widow elected to receive compensation under the federal Compensation Act; the father declined and sued the driver under the District’s Wrongful Death Act. The employer also had a pending action, and the lower courts ruled the employer could recover by operation of §33 of the Compensation Act.

Reasoning

The Court addressed whether §33 lets an employer sue the wrongdoer in the employer’s own name when a dependent who accepted compensation is entitled to only part of the wrongful-death recovery. The Court held that §33 assigns only the rights that the electing dependent actually has. Relying on common-law subrogation and the unity of a cause of action, the Court said the employer may obtain the electing dependent’s share and, if needed, compel the administrator to bring the suit and account for proceeds. But where the dependent’s interest is less than the whole recovery, the employer cannot maintain a full wrongful-death action in its own name. If all next of kin elect compensation, the employer may sue directly.

Real world impact

The ruling protects next of kin who did not accept compensation from having their shares used to indemnify employers. Employers and insurers must seek reimbursement through the estate or by compelling the administrator to sue, rather than bringing separate suits for the full recovery. The decision reverses the lower court’s judgment and limits employers to recovering only the rights actually assigned by electing dependents.