Indiana & Michigan Electric Co. v. Workers' Compensation Commissioner

403 S.E.2d 416, 184 W. Va. 673, 1991 W. Va. LEXIS 7
CourtWest Virginia Supreme Court
DecidedFebruary 27, 1991
DocketNo. 19850
StatusPublished
Cited by6 cases

This text of 403 S.E.2d 416 (Indiana & Michigan Electric Co. v. Workers' Compensation Commissioner) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Indiana & Michigan Electric Co. v. Workers' Compensation Commissioner, 403 S.E.2d 416, 184 W. Va. 673, 1991 W. Va. LEXIS 7 (W. Va. 1991).

Opinion

MILLER, Chief Justice:

Indiana & Michigan Electric Company (Indiana) appeals a ruling of the Workers’ Compensation Appeal Board that affirmed a final order of the Workers’ Compensation Commissioner (Commissioner), dated April 4, 1989. Indiana contends that the Commissioner erred in holding that Robert Ward, the claimant, was entitled to pursue his occupational hearing loss claim under our Workers’ Compensation Act (Act), W.Va.Code, 23-1-1, et seq. The issue on appeal is whether an employee who is a “seaman” under the Merchant Marine Act of 1920, 46 U.S.C.App. § 688, popularly known as the Jones Act, may pursue a claim for benefits under the Act.

Mr. Ward has been employed as a chief engineer for Indiana since 1976. He is responsible for maintaining the engines of motor vessels that transport coal barges along the Ohio and Kanawha Rivers. On March 20, 1986, James Bland, M.D., diagnosed the claimant as suffering from a sensorineural hearing loss caused by prolonged exposure to loud noise.1 Consequently, Mr. Ward filed a claim for benefits under the Act. On July 9, 1986, the Commissioner ruled the claim compensable. The employer objected on the ground that the Commissioner did not have jurisdiction over claims filed by seamen. Both the Commissioner and the Appeal Board affirmed the Commissioner’s ruling of July 9, 1986.

Despite the absence of a particular power in the United States Constitution delegating to Congress the right to enact substantive law regarding admiralty and maritime matters, the Supreme Court has found such power to be implied. In Panama Railroad Co. v. Johnson, 264 U.S. 375, 44 S.Ct. 391, 68 L.Ed. 748 (1924), the Supreme Court, in upholding the validity of the Jones Act, viewed Congress’s authority as emanating from its power over interstate and foreign commerce, but conceded as to express constitutional language:

“Although containing no express grant of legislative power over the substantive law, the provision was regarded from the beginning as impliedly investing such power in the United States. Commentators took that view; Congress acted on it, and the courts, including this Court, gave effect to it.” 264 U.S. at 386, 44 S.Ct. at 393, 68 L.Ed. at 752.

The Supreme Court did discuss in Panama Railroad Co. another basis for Congress to legislate on maritime matters: Article I, Section 8, Clause 18, delegates to Congress the power “[t]o make all Laws which shall be necessary and proper for carrying into Execution ... all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” This general power, coupled with the delegation of “all Cases of admiralty and maritime Jurisdiction” to the federal courts under Article III, Section 2 of the Constitution, was deemed sufficient to sustain Congress’s [675]*675power to adopt the Jones Act. Subsequently, in Romero v. International Terminal Operating Co., 358 U.S. 354, 360-61, 79 S.Ct. 468, 474, 3 L.Ed.2d 368, 375-76 (1959), the Supreme Court made this statement as to the source of Congress’s power in maritime matters:

“Article III, § 2, cl. 1 (3d provision) of the Constitution and Section 9 of the Act of September 24, 1789, have from the beginning been the sources of jurisdiction in litigation based upon federal maritime law. Article III impliedly contained three grants. (1) It empowered Congress to confer admiralty and maritime jurisdiction on the ‘Tribunals inferior to the supreme Court’ which were authorized by Art. 1, § 8, cl. 9. (2) It empowered the federal courts in their exercise of the admiralty and maritime jurisdiction which had been conferred on them, to draw on the substantive law ‘inherent in the admiralty and maritime jurisdiction,’ Crowell v. Benson, 285 U.S. 22, 55 [52 S.Ct. 285, 294, 76 L.Ed. 598, 615 (1932) ], and to continue the development of this law within constitutional limits. (3) It empowered Congress to revise and supplement the maritime law within the limits of the Constitution.” (Citations omitted).

See generally IB S. Friedell, Benedict on Admiralty § 109 (7th rev. ed. 1989).

The Jones Act provides a right to recover damages for seamen who are injured or are killed in the course of their employment.2 It incorporates the liability standards contained in the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq. (1986), which protects railroad workers engaged in interstate commerce.3 See, e.g., Panama R.R. Co. v. Johnson, supra; Wallace v. Oceaneering Int’l, 727 F.2d 427 (5th Cir.1984). See generally 32 Am.Jur.2d Federal Employers’ Liability & Compensation Acts § 41 (1982 & Supp.1990).

With the passage of the Jones Act, the question arose as to what extent could state-created causes of action be utilized by seamen.4 In Lindgren v. United States, 281 U.S. 38, 50 S.Ct. 207, 74 L.Ed. 686 (1930), the Supreme Court considered whether the Jones Act precluded a cause of action brought under a state’s wrongful death statute by the personal representative of a seaman. The Supreme Court observed that prior to the enactment of the Jones Act, it had permitted state wrongful death acts to apply “only because Congress had not legislated on the subject.” 281 U.S. at 44, 50 S.Ct. at 210, 74 L.Ed. at 691.

The Supreme Court then referred to its decisions regarding injured employees of interstate railroad companies. In those cases prior to the enactment of FELA, the [676]*676Supreme Court had held that state acts governed because Congress had failed to exercise its superior power under the Commerce Clause:

“[T]he laws of the sevéral States were regarded as determinative of the liability of employers engaged in interstate commerce for injuries received by their employees while engaged in such commerce. But that was because Congress, although empowered to regulate that subject, had not acted thereon, and because the subject is one which falls within the police power of the States in absence of action by Congress.” 281 U.S. at 45, 74 L.Ed. at 692, 50 S.Ct. at 210, quoting In Re Second Employers Liability Cases, 223 U.S. 1, 54-55, 56 L.Ed. 327, 348, 32 S.Ct. 169, 177 (1912). (Citations omitted).5

The Court in Lindgren then held that once “Congress has acted, the laws of the States, insofar as they cover the same field, are superseded, for necessarily that which is not supreme must yield to that which is.” 281 U.S. at 46, 50 S.Ct. at 211, 74 L.Ed. at 692. (Citations omitted). Thus, it concluded that the plaintiff could not sue under the state wrongful death statute and was limited to the Jones Act remedy.6 See also Gillespie v. United States Steel Corp., 379 U.S. 148, 85 S.Ct. 308, 13 L.Ed.2d 199 (1964);

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