John F. Harmon v. Baltimore & Ohio Railroad

741 F.2d 1398, 239 U.S. App. D.C. 239, 1984 U.S. App. LEXIS 19471
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 17, 1984
Docket83-1532
StatusPublished
Cited by14 cases

This text of 741 F.2d 1398 (John F. Harmon v. Baltimore & Ohio Railroad) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John F. Harmon v. Baltimore & Ohio Railroad, 741 F.2d 1398, 239 U.S. App. D.C. 239, 1984 U.S. App. LEXIS 19471 (D.C. Cir. 1984).

Opinion

MIKVA, Circuit Judge:

A recurring problem in workers’ compensation laws has been the coverage of maritime workers. Commencing in 1917, when the Supreme Court held that under certain circumstances states could not constitutionally provide compensation to injured maritime workers, Southern Pacific Co. v. Jensen, 244 U.S. 205, 37 S.Ct. 524, 61 L.Ed. 1086 (1917), Congress, the courts, and the states have struggled to carve out rational areas for state and federal laws. The original “Jensen line”, named after that 1917 case, held that the states could not cover longshoremen injured seaward of the water’s edge. In 1927, after several unsuccessful attempts to extend state compensation remedies to injured maritime workers, Congress enacted the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. (1982), to provide coverage for such precluded longshoremen and others similarly situated. That statute, significantly amended in 1972, has been intersected by other federal compensation laws. We here address the application of the LHWCA, as amended in 1972, to the facts in this case and the interface, if any, between that Act and the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq. (1982).

John Harmon, appellant, was employed by the Baltimore and Ohio Railroad Company (B & O) at its coal pier in Baltimore. He was injured while repairing a hopper, or funnel, through which coal passes as it *1400 moves from railroad cars to the holds of barges and ships. Subsequently, Harmon applied for, and received benefits under the LHWCA. Thereafter, Harmon also brought suit under the FELA, contending that his injuries resulted from B & O’s negligence. There is no dispute concerning either the injury itself or the location where the injury occurred. The sole dispute is whether LHWCA is to provide the exclusive remedy due Harmon for his injury. The District Judge found that the LHWCA covered Harmon’s injury and was his exclusive remedy. Accordingly, the court granted summary judgment to B & 0, 560 F.Supp. 914. We affirm.

I. Background

The Longshoremen’s Act was adopted in 1927 to provide federal compensation for maritime workers injured upon “navigable waters.” Since the Act’s inception, coverage under the LHWCA has been exclusive, at least to some degree. In part, this exclusivity traces directly to the statute. For example, section 905 of the LHWCA always spoke of an employer’s liability as exclusive. 33 U.S.C. § 905 (1982). In part, this exclusivity traces to judicial decisions. For example, the rationale of Jensen taught that, since federal admiralty jurisdiction over navigable water was exclusive, a state was without power to compensate a longshoreman injured on the seaward side of the water’s edge.

At the same time, however, federal compensation under the LHWCA initially did not extend to all maritime employees injured on navigable waters in the course of their employment. Where the worker’s employment could be characterized as “maritime but local,” the LHWCA did not apply and, accordingly, state compensation schemes were not precluded. See, e.g., Crowell v. Benson, 285 U.S. 22, 52 S.Ct. 285, 76 L.Ed. 598 (1932); see generally Director, Office of Workers’ Compensation Programs, United States Department of Labor v. Perini North River Associates, 459 U.S. 297, 103 S.Ct. 634, 642, 74 L.Ed.2d 465 (1983). The “maritime but local” exception was based on section 3(a) of the 1927 Act, which allowed federal compensation only if compensation “may not validly be provided by State law.” This exception, however, created more uncertainty than equity. Numerous cases thus sought to ameliorate the impact of the “maritime but local” exception which placed employees and employers alike on the “horns of a jurisdictional dilemma.” Davis v. Department of Labor and Industries, 317 U.S. 249, 255, 63 S.Ct. 225, 228, 87 L.Ed. 246 (1942). Since the distinction that could be drawn varied from state compensation law to state compensation law, from court to court, and from case to case, it became a most insoluble dilemma: it was virtually impossible to synthesize from the cases any real guidelines as to when compensation would be available under either compensatory scheme. The courts increasingly leaned toward finding coverage under the LHWCA without devoting sufficient time either to ferret out the intricacies of state law or to apply the unique employment and injury facts to those intricacies. The legal topography, then, in 1972 was one in which uncertainty was the predominant feature of maritime workers’ compensation.

In 1972, Congress amended the LHWCA. 44 Stat. 1424, as amended, 86 Stat. 1251, 33 U.S.C. § 901 et seq. These amendments represented Congress’ “first significant effort to reform the 1927 Act and the judicial gloss that had been attached to it.” Northeast Marine Terminal Co. v. Caputo, 432 U.S. 249, 261, 97 S.Ct. 2348, 2356, 53 L.Ed.2d 320 (1977). Although the 1972 amendments did not explicitly expand the exclusivity doctrine of earlier versions of the LHWCA, the amendments modified the definitions pertaining to coverage. Section 3(a) was amended to delete the restriction on claims cognizable under state law. Instead, the amendments included a limitation that compensation was payable

only if the disability or death results from an injury occurring upon the navigable waters of the United States (inelud- *1401 ing any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel).

33 U.S.C. § 903(a) (1982). This provision has been referred to as the situs test. The statute also provided that:

The term “employee” means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker, but such term does not include a master or member of a crew of any vessel, or any person engaged by the master to load or unload or repair any small vessel under eighteen tons net.

33 U.S.C. § 902(3) (1982). This, in turn, is the status test.

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Bluebook (online)
741 F.2d 1398, 239 U.S. App. D.C. 239, 1984 U.S. App. LEXIS 19471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-f-harmon-v-baltimore-ohio-railroad-cadc-1984.