Myrtle E. Hilbrands and Guam Maintenance, Inc. v. Far East Trading Company, Inc.

Before CHOY and SNEED, Circuit Judges, and BEEKS, District Judge.

This is the second appearance of this matter in this court, the first being reported sub nom. Fejeran v. Diego, 457 F.2d 544 (9th Cir. 1972), which relates the factual background of the case. This court there held that while Mrs. Hilbrands had received compensation payments from her employer, there was no proof of any workmen’s compensation award by the Guam Workmen’s Compensation Commission (the Commission), therefore § 37033, Government Code of Guam, did not operate to subrogate her employer to her tort action against the alleged tort-feasors. On remand for trial, proof was made in the district court that an award had been made to Mrs. Hilbrands by the Commission.

The district court concluded that since Mrs. Hilbrands had elected to take workmen’s compensation, her employer, Guam Maintenance, Inc., was subrogated to her rights against Far East Trading Company, Inc. (Far East). Accordingly, it granted summary judgment against her as no longer the real party in interest under Rule 17(a) F.R.Civ.P. and granted leave to the “assignee of her claim” under § 37033, her employer, to enter the action as…