Article by Charles F. Tucker
The Longshoremen's and Harbor Workers' Compensation Act (LHWCA) was enacted by Congress in 1927 after several attempts to expand state coverage to include maritime workers were struck down by the United States Supreme Court. Just as many states had long provided compensation remedies for industrial workers, the Federal Act was designed to provide maritime workers with a federal remedy against their employers for injuries occurring on navigable waters.
Subsequent to passage of the Act in 1927, and before the most recent amendments in 1972, confusion and uncertainty existed with regard to the class of employees covered under the Act. In an attempt to end this confusion, the 1972 amendments broadened the coverage of the Act to include not only longshoremen, shipbuilders and ship repairmen actually working on board vessels on navigable waters, but also certain shoreside workers engaged in maritime employment. Differing judicial interpretations of the term "maritime employment" as a requirement for coverage created additional uncertainty, finally culminating in the recent decisions of the Supreme Court in Northeast Marine Terminal Co. v. Caputo, and P.C. Pfeiffer Co. v. Ford.
The purpose of this article is to discuss the judicial interpretations of the coverage question and to consider the procedural changes brought about by the 1972 amendments to the Act.
About the Author
Charles F. Tucker. LL.B. 1953, Washington & Lee University; Member of the Virginia Bar.
Citation
55 Tul. L. Rev. 1056 (1981)