General Dynamics Corporation v. Charles Sacchetti, Deceased, and Director, Office of Workers' Compensation Programs, United States Department of Labor

681 F.2d 37, 1982 U.S. App. LEXIS 18980
CourtCourt of Appeals for the First Circuit
DecidedMay 24, 1982
Docket81-1474
StatusPublished
Cited by38 cases

This text of 681 F.2d 37 (General Dynamics Corporation v. Charles Sacchetti, Deceased, and Director, Office of Workers' Compensation Programs, United States Department of Labor) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
General Dynamics Corporation v. Charles Sacchetti, Deceased, and Director, Office of Workers' Compensation Programs, United States Department of Labor, 681 F.2d 37, 1982 U.S. App. LEXIS 18980 (1st Cir. 1982).

Opinions

COFFIN, Chief Judge.

Petitioner General Dynamics Corporation appeals the Benefits Review Board’s award for a claim for partial disability filed by one of its employees, Charles Sacchetti, and a claim for death benefits subsequently filed by Sacchetti’s widow under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901 et seq. Petitioner argues that the award was improper because Sacchetti was not engaged in “maritime employment” as required for coverage by the Act, id., § 902(3), and even if he were covered, petitioner’s liability was limited under § 8(f) because Sacchetti had suffered from a pre-existing permanent partial disability, id. § 908(f). We affirm the Benefits Review Board’s findings that Sacchetti was an employee within the scope of the Act and that petitioner was fully liable for the amount owed on the claim.

Sacchetti was employed at petitioner’s shipyard as a steel rigger/erector, a job that required him to unload raw steel from railroad ears as it came into the shipyard by attaching wires and magnets to the steel, which was then hoisted by crane into storage bays. Sacchetti was also responsible for issuing the steel from the storage bays and harnessing it to the cranes for transportation to the fabrication shop where the construction process began. Between 1974 and 1977 he was exposed to asbestos fibers emanating from a warehouse adjacent to his work area. After noticing a growth on his neck in 1977, he sought medical help, and treatment followed the diagnosis of cancer. The disease could not be arrested, however, and he died in 1979. The administrative law judge (ALJ) found that Sacchet-ti had suffered from chronic obstructive pulmonary disease (COPD), caused by his habit of smoking moderately until ten years prior to his death and by fibrotic changes resulting from his exposure to asbestos. Petitioner does not dispute these findings.

COVERAGE

In order to be covered by the Longshoremen’s and Harbor Workers’ Compensation Act, an employee must be a “person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor worker including a ship repairman, shipbuilder, and shipbreaker”. 33 U.S.C. § 902(3).1 The Board, affirming the ALJ, found that Sacchetti was a shipbuilder engaged in maritime employment within the meaning of § 902(3) because his function was a necessary ingredient of and integral to the shipbuilding process. As we noted in General Dynamics Corp. v. Director, Office of Workers' Compensation Programs, 585 F.2d 1168, 1170 (1st Cir. 1978), “the Board’s decision supporting the ALJ’s application of a broad statutory term or phrase to a specific set of facts will be upheld if a reasonable factual and legal basis for it exists.” In other words, even though the issue may be looked upon as largely legal in nature, a reviewing court should accord the Board’s interpretation considerable deference. See Cardillo v. Liberty Mutual Co., 330 U.S. 469, 478, 67 S.Ct. 801, 807, 91 L.Ed. 1028 (1947).

[39]*39The precise issue is whether an employee involved in the preliminary steps of the shipbuilding process — unloading the raw material and channelling it toward the fabrication shop — is sufficiently a part of the construction process to allow his coverage under the Act as a shipbuilder. The Act gives us no guidance, beyond the definition cited above, for determining the point beyond which an employee’s activities are too remote from the shipbuilding process. The Board, however, correctly looked at whether the employee’s function was a necessary ingredient in or an integral part of the construction process. See Graziano v. General Dynamics Corp., 663 F.2d 340, 342 (1st Cir. 1981); White v. Newport News Shipbuilding & Dry Dock Co., 633 F.2d 1070, 1074 (4th Cir. 1980); Dravo Corp. v. Maxin, 545 F.2d 374, 380 (3d Cir. 1976), cert. denied, 433 U.S. 908, 97 S.Ct. 2973, 53 L.Ed.2d 1092 (1977); cf. Northeast Marine Terminal Co. v. Caputo, 432 U.S. 249, 271, 97 S.Ct. 2348, 2361, 53 L.Ed.2d 320 (1977) (“integral part” is test for coverage as “longshoreman”); Prolerized New England Co. v. Benefits Review Board, 637 F.2d 30, 36 (1st Cir. 1980) (same), cert. denied, 452 U.S. 938, 101 S.Ct. 3080, 69 L.Ed.2d 952 (1981).

Courts have recognized as integral functions those core shipbuilding activities such as the construction of the component parts of the vessel. See Newport News Shipbuilding & Dry Dock Co. v. Graham, 573 F.2d 167, 170 (4th Cir. 1978) (employee constructing reactor to be installed in submarine was integral part of construction process), cert. denied, 439 U.S. 979, 99 S.Ct. 563, 58 L.Ed.2d 649 (1978); Dravo Corp. v. Maxin, supra, 545 F.2d at 380 (employee burning steel plates that would become bottoms and decks of barges performed integral function). At the other end of the spectrum, they have also viewed as integral such secondary activities as the maintenance of the equipment necessary for the construction of ships, see, Newport News Shipbuilding & Dry Dock Co. v. Graham, supra, 573 F.2d at 170, and the maintenance of shipyard buildings and grounds, see Graziano v. General Dynamics Corp., supra, 663 F.2d at 343.

The unloading and channelling of the raw steel could be seen either as the first step in the core construction process or as a support service similar to maintenance but more directly related to the construction functions. In either case, the tasks at issue are a necessary incident to the fabrication of a ship. Construction could not proceed without the receipt, storage, and issuance of the raw steel at the shipyard. Cf. White v. Newport News Shipbuilding & Dry Dock Co., supra, 644 F.2d at 1074. Not only are these tasks a necessary prerequisite to shipbuilding in a “but for” sense, but the handling of steel and issuing it to the fabrication shop must be so timed as to mesh with overall construction schedules. Sacchetti’s activities were at least as integral as those of employees who maintain construction equipment and have been found to be maritime employees under the Act, and certainly more integral than those of a stone mason who repairs the shipyard’s buildings, see Graziano v. General Dynamics Corp., supra, 663 F.2d at 343.

Moreover, Congress intended to create “a simple, uniform standard of coverage”. P. C. Pfeiffer Co. v. Ford, 444 U.S. 69, 83, 100 S.Ct. 328, 338, 62 L.Ed.2d 225 (1979).

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Bluebook (online)
681 F.2d 37, 1982 U.S. App. LEXIS 18980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-dynamics-corporation-v-charles-sacchetti-deceased-and-director-ca1-1982.