Note by Wm. Gregory Montgomery
The petitioners were injured in two independent incidents on land adjoining navigable waters. Petitioner Thornton was injured while clearing trash from a fabrication yard in preparation for the construction of a stationary platform. Petitioner Broussard was injured while removing an obstruction blocking a machine engaged in the construction of a heliport for an offshore platform. The Administrative Law judge denied them benefits under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA) on the grounds that the petitioners satisfied neither the status requirement nor the situs requirement of the Act. The Benefits Review Board affirmed each case solely on the issue of status, and the petitioners appealed. The Fifth Circuit reversed and held that both petitioners were engaged in ‘maritime employment’ and were therefore entitled to receive ‘employee’ status under § 902(3) of the LHWCA. The court then remanded the case for a determination as to the issue of situs. Thornton v. Brown & Root, Inc., 707 F.2d 149 (5th Cir. 1983), cert. denied, 104 S.Ct. 735 (1984).
About the Author
Wm. Gregory Montgomery.
Citation
59 Tul. L. Rev. 199 (1984)