John T. Clark & Son of Maryland, Inc., and American Mutual Liability Insurance Company v. Kay Kowaleviocz Cooper (Widow of Matthew Kowaleviocz)

Fourth Circuit

John T. Clark & Son of Maryland, Inc., and American Mutual Liability Insurance Company v. Kay Kowaleviocz Cooper (Widow of Matthew Kowaleviocz)

687 F.2d 39, 1982 U.S. App. LEXIS 25896

CourtCourt of Appeals for the Fourth Circuit

DecidedSeptember 3, 1982

Docket81-1927

StatusPublished

This text of 687 F.2d 39 (John T. Clark & Son of Maryland, Inc., and American Mutual Liability Insurance Company v. Kay Kowaleviocz Cooper (Widow of Matthew Kowaleviocz)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John T. Clark & Son of Maryland, Inc., and American Mutual Liability Insurance Company v. Kay Kowaleviocz Cooper (Widow of Matthew Kowaleviocz), 687 F.2d 39, 1982 U.S. App. LEXIS 25896 (4th Cir. 1982).

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Opinion

PER CURIAM:

John T. Clark & Son of Maryland, Inc., and its insurance carrier, American Mutual *40 Liability Insurance Company, petition for review of the Benefits Review Board’s award of compensation arising out of the death of one of Clark’s employees, Matthew Kowaleviocz. The principal issue raised by the petition is whether the Board erred in ruling that Kowaleviocz was covered by the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 901, et seq. We affirm the decisions and orders of the Board, which are reported as Cooper v. John T. Clark & Son of Maryland, Inc., 11 Ben.Rev.Bd.Serv. (MB) 453 (1979); 14 Ben.Rev.Bd.Serv. (MB) 154 (1981).

Kowaleviocz was killed at the railhead within the Dundalk Marine Terminal, Baltimore, Maryland, when he was securing a ship’s container to a Penn Central railroad flatcar.

Clark, a stevedore, was engaged in unloading containers from vessels, draying them to temporary storage areas, and later moving them to the railhead. There, pursuant to a contract with the Penn Central Railroad, it loaded the containers on flatcars using its own employees and equipment. Kowaleviocz, under Clark’s direction and control, worked at the railhead.

We conclude that the Board properly applied the status and situs test prescribed in P. C. Pfeiffer Co., Inc. v. Ford, 444 U.S. 69, 100 S.Ct. 328, 62 L.Ed.2d 225 (1979); and Northeast Marine Terminal Co. v. Caputo, 432 U.S. 249, 97 S.Ct. 2348, 53 L.Ed.2d 320 (1977).

Also, for reasons adequately stated by the Board, we conclude that the claim was not barred by the one-year statute of limitations, 33 U.S.C. § 930(f), and that the notice of controversion was not timely filed.

AFFIRMED.

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PER CURIAM:

John T. Clark & Son of Maryland, Inc., and its insurance carrier, American Mutual *40 Liability Insurance Company, petition for review of the Benefits Review Board’s award of compensation arising out of the death of one of Clark’s employees, Matthew Kowaleviocz. The principal issue raised by the petition is whether the Board erred in ruling that Kowaleviocz was covered by the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 901, et seq. We affirm the decisions and orders of the Board, which are reported as Cooper v. John T. Clark & Son of Maryland, Inc., 11 Ben.Rev.Bd.Serv. (MB) 453 (1979); 14 Ben.Rev.Bd.Serv. (MB) 154 (1981).

Kowaleviocz was killed at the railhead within the Dundalk Marine Terminal, Baltimore, Maryland, when he was securing a ship’s container to a Penn Central railroad flatcar.

Clark, a stevedore, was engaged in unloading containers from vessels, draying them to temporary storage areas, and later moving them to the railhead. There, pursuant to a contract with the Penn Central Railroad, it loaded the containers on flatcars using its own employees and equipment. Kowaleviocz, under Clark’s direction and control, worked at the railhead.

We conclude that the Board properly applied the status and situs test prescribed in P. C. Pfeiffer Co., Inc. v. Ford, 444 U.S. 69, 100 S.Ct. 328, 62 L.Ed.2d 225 (1979); and Northeast Marine Terminal Co. v. Caputo, 432 U.S. 249, 97 S.Ct. 2348, 53 L.Ed.2d 320 (1977).

Also, for reasons adequately stated by the Board, we conclude that the claim was not barred by the one-year statute of limitations, 33 U.S.C. § 930(f), and that the notice of controversion was not timely filed.

AFFIRMED.

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687 F.2d 39, 1982 U.S. App. LEXIS 25896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-t-clark-son-of-maryland-inc-and-american-mutual-liability-ca4-1982.

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