Keener v. Washington Metropolitan Area Transit Authority

800 F.2d 1173, 255 U.S. App. D.C. 148, 1986 U.S. App. LEXIS 29827
CourtCourt of Appeals for the D.C. Circuit
DecidedSeptember 2, 1986
DocketNos. 85-5029, 85-5122, 85-5123 and 84-5728
StatusPublished
Cited by10 cases

This text of 800 F.2d 1173 (Keener v. Washington Metropolitan Area Transit Authority) 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
Keener v. Washington Metropolitan Area Transit Authority, 800 F.2d 1173, 255 U.S. App. D.C. 148, 1986 U.S. App. LEXIS 29827 (D.C. Cir. 1986).

Opinion

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

On the surface, these three related cases would seem to involve a reasonably straight-forward issue, namely, the scope of the immunity against tort actions granted contractors and subcontractors by the workmen’s compensation laws applicable to the District of Columbia for injuries incurred before July 26, 1982. Unfortunately, its resolution requires the negotiation of a legal maze involving the interactions of two workmen’s compensation statutes enacted by Congress, the repeal of one of them by the District of Columbia in the exercise of its home-rule authority, a Supreme Court decision interpreting the statute at issue in each of the cases before us, [150]*150and subsequent congressional action designed to reverse the rule enunciated by the with an eye to the requirements of the federal general savings statute.

It is against this legal backdrop that the rights of the appellants (all of whom seek damages for injuries incurred in the construction of a new subway system) must be determined. For the reasons elaborated below, we conclude that the congressional action reversing the Supreme Court’s rule did not affect the rights and obligations of the parties before us. As a consequence, the Court's ruling continues to control these cases, and we therefore affirm their dismissal by the district court.

I. Background

A. Legal

As a first step towards an understanding of these cases, we believe it useful to provide a brief description of the legal context within which they must be decided.

In 1927, Congress enacted the Longshoremen’s and Harbor Workers’ Act, 33 U.S.C. §§ 901 et seq. (1982) (“the Longshoremen’s Act”) in order to provide injured workers in U.S. maritime industries with workmen’s compensation protection. The following year, acting in its capacity as the legislative authority for the District of Columbia, Congress provided employees in the District these same benefits by enacting the District of Columbia Workmen’s Compensation Act of 1928, D.C.Code §§ 36-501 et seq. (1973) (“the 1928 Act”). The statute did so through the simple device of adopting, by reference, the provisions of the Longshoremen’s Act, “including all amendments that may hereafter be made thereto.” Some fifty years later, after the District of Columbia had achieved home rule, the D.C. Council, in 1979, enacted a statute repealing the 1928 Act and bringing the District’s workmen’s compensation law into general conformity with that of the neighboring states of Maryland and Virginia. The new law became effective on July 26, 1982. District of Columbia Workers’ Compensation Act of 1979, D.C. Code §§ 36-501 et seq. (1981) (“the 1982 Act”).

On June 26, 1984, in a case involving claims arising from injuries incurred before the 1982 Act became effective, the Supreme Court ruled that the defendant, as general contractor, was entitled to immunity against tort suits under section 905 of the Longshoremen’s Act. WMATA v. Johnson, 467 U.S. 925, 104 S.Ct. 2827, 81 L.Ed.2d 768 (1984). Three months later President Reagan signed into law the Longshore and Harbor Workers’ Compensation Act Amendments of 1984, Pub.L. No. 98-426, 98 Stat. 1639 (“the 1984 amendments”). These included changes in sections 904 and 905 that were designed to reverse the Supreme Court’s holding in Johnson. The central issue in each of the cases on appeal is whether the 1984 amendments had any effect on the claims now before us, each of which had been dismissed by the district court pursuant to Johnson.

We conclude that as the repeal of the 1928 Act had the effect of severing the application of the Longshoremen’s Act to the District of Columbia in 1982, the subsequent 1984 amendments were without effect on the law of the District. While the general savings statute, 1 U.S.C. § 109 (1982), does serve to keep the 1928 Act alive, it does so for the sole purpose of preserving the provisions of the Longshoremen’s Act, as they existed in 1982, for the benefit of employees whose claims are derived from injuries occurring before the 1982 Act became law. Thus the ruling in Johnson remains controlling. As we find no merit in the other points raised by appellants in the cases on appeal, we affirm their dismissal.

B. Factual

Appellants in Keener v. WMATA, Dennis v. WMATA, and Wilmes v. Bechtel Civil and Minerals, Inc. all claim to have been injured while working on the construction of a rapid transit subway system for the Washington, D.C. metropolitan [151]*151area. The construction of the subway is coordinated by the Washington Metropolitan Area Transit Authority (“WMATA”), an agency created by an interstate compact for the purpose of constructing and operating the rapid transit system. In fulfillment of that purpose, WMATA hired subcontractors to work on the construction of the subway. Appellants were employees of these subcontractors or of sub-subcontractors who in turn had been hired by them.

In 1971, WMATA informed its subcontractors that it would secure workmen’s compensation insurance for all construction employees working on the subway system and proceeded to purchase a workmen’s compensation insurance policy (sometimes referred to as a “wrap up” policy) that covered all individuals working on the subway construction project regardless of who was their direct employer. This relieved subcontractors of any necessity to secure insurance for their own employees. At the same time, it enabled WMATA (as general contractor for the project) to protect itself against potential liability arising out of provisions of the Longshoremen’s Act that were applicable to the District of Columbia by virtue of the 1928 Act. (At that time the Longshoremen’s Act stated that general contractors “shall be liable for and shall secure the payment of compensation to employees of the subcontractor unless the subcontractor has secured such payment.” 33 U.S.C. § 904(a) (1982)). As a result of this arrangement, appellants’ workmen’s compensation claims were processed under WMATA’s insurance policy.

In addition to seeking recovery under WMATA’s insurance policy, appellants instituted third-party tort actions in the district court. Initially, many of these actions were brought against two subcontractors of WMATA, Bechtel Civil & Minerals, Inc., and Bechtel Associates Professional Corporation, D.C. The claims against the Bechtel subcontractors were dismissed, however, because they were deemed to be agents of WMATA, and section 80 of the WMATA Compact states that the sole remedy for the torts of WMATA’s agents will be by suit against WMATA. See Johnson v. Bechtel Associates Professional Corp., 545 F.Supp. 783 (D.D.C.1982), modified, 717 F.2d 574

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800 F.2d 1173, 255 U.S. App. D.C. 148, 1986 U.S. App. LEXIS 29827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keener-v-washington-metropolitan-area-transit-authority-cadc-1986.