Texports Stevedore Co. v. Winchester

632 F.2d 504, 1981 A.M.C. 2010
CourtCourt of Appeals for the Fifth Circuit
DecidedDecember 10, 1980
DocketNo. 76-4100
StatusPublished
Cited by45 cases

This text of 632 F.2d 504 (Texports Stevedore Co. v. Winchester) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Texports Stevedore Co. v. Winchester, 632 F.2d 504, 1981 A.M.C. 2010 (5th Cir. 1980).

Opinion

FAY, Circuit Judge:

We granted the petition for rehearing, 5th Cir., 569 F.2d 428, to reconsider the definition of an “adjoining area” or maritime situs under 33 U.S.C. § 903(a) (1976) of the 1972 amendments to the Longshoremen’s and Harbor Workers’ Compensation Act. The prior decisions, 5th Cir., 554 F.2d 245; 5th Cir., 561 F.2d 1213, finding that the claimant was injured at a maritime situs are affirmed.

I. FACTS AND PROCEEDINGS

Respondent Murl J. Winchester was a Longshoreman employed as a “gear man” by petitioner Texports Stevedore Company. Texports maintained three “gear rooms,” or facilities for the storage and maintenance of gear,1 in the vicinity of the Houston [507]*507Shipping Channel Docks.2 All three gear rooms were supervised by the same shop foreman. Two of the gear rooms were on the docks. Because those gear areas could not be expanded, and because the docks had insufficient space for an additional gear room, Texports’ third gear room is on Avenue N, five blocks from the gate of the nearest dock. This third gear room is as close as Texports could get to the docks. Port Authority property extends to within about a half block from the gear room. Other Houston stevedores also must locate gear rooms outside the docks’ gates.3

Winchester would report to the Avenue N gear room where he was given his daily work assignment. His duties as a gear man included supplying and repairing the tools and machinery used by stevedores in loading and unloading ships. His work was performed at the dockside, on board ships, and at each of the gear rooms, including those of other stevedores. When Texports was loading and unloading cargo, Winchester would service several ships, travelling over the public streets connecting the gear rooms and docks. Even when Texports had no ships to load or unload, the gear rooms operated repairing and maintaining gear for the next loading and unloading operation.

On June 3,1974, while in the course of his employment for Texports, Winchester tripped and fell against a forklift at the Avenue N gear room, striking his face. Winchester filed a claim for compensation for serious facial disfigurement under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWA). The Administrative Law Judge (ALJ) denied his disfigurement claim, but held Texports liable for Winchester’s medical expenses and attorney’s fees. Decision and Order of ALJ, App. at 9-21.

On appeal by petitioners, the Benefits Review Board (the Board) affirmed the Administrative Law Judge’s decision. The LHWA’s two-pronged test for coverage requires the injured claimant to have been an “employee” engaged in maritime employment 4 at a situs specified in the Act.5 The Board held that Winchester was an “employee” injured in an area under the LHWA. Decision of the Benefits Review Board, App. at 1-6, reprinted in Winchester v. Texports Stevedore Co., 4 B.R.B.S. 447, 449-51 (1976). As to the situs, the Board stated:

[A]n adjoining area must be deemed bounded only by its use as a maritime enterprise. Maxin v. Dravo Corp., 2 B.R.B.S. 372 [(1975), aff’d, 545 F.2d 374 (3d Cir. 1976)]. The Avenue N gear room although five blocks from any wharf was placed in a location that would provide easy access for the gear men to service vessels on both sides of the channel. It clearly played an integral part in employer’s overall maritime enterprise thereby [508]*508qualifying as an adjoining area under the Act.
Further, the 1972 amendments to the Act were enacted in part to eliminate the circumstance of having persons engaged in maritime employment walk in and out of coverage during the workday. Stockman v. John T. Clark & Son of Boston, Inc., [539 F.2d 264, 274 (1st Cir. 1976)]; Dellaventura v. Pittston Stevedoring Corp. [Pittson Stevedoring Corp. v. Dellaventura ], [544 F.2d 35, 54 (2d Cir. 1976)]. A narrow reading of the situs requirement in the instant case would be contrary to this purpose of the Act.

Id. at 4-5; B.R.B.S. at 450-51.

A panel of this court affirmed the Board. Texports Stevedore Co. Winchester, 554 F.2d 245, as modified, 561 F.2d 1213 (1977). After noting the policy of liberal construction, the presumption of coverage, and the scope of review of Board decisions, the panel held that the Board properly determined that Winchester was an “employee.” Id. at 247.6 Turning to the gear room, the panel held that it was a maritime situs:

Respondent’s accident did not occur on the dock or pier adjoining the Houston Shipping Channel but at a gear room which, though five blocks away, adjoined the docks and associated buildings. See Alabama Dry Dock and Ship Building Co. v. Kininess, 554 F.2d 176, 178 (5th Cir. 1977).

561 F.2d at 1213.7

On petition for rehearing en banc, petitioners argue that the panel’s assertion that the gear room “adjoined the docks and associated buildings” is factually inaccurate. Furthermore, they argue that the panel ignored the statute’s requirement that the situs adjoin “navigable waters,” not just a facility that in turn is next to water. Petitioners also assert that the panel opinion is inconsistent with two prior opinions of this court, Alabama Dry Dock & Shipbuilding Co. v. Kininess, 554 F.2d 176 (5th Cir.), cert. denied, 434 U.S. 903, 98 S.Ct. 299, 54 L.Ed.2d 190 (1977) and Jacksonville Shipyards, Inc. v. Perdue, 539 F.2d 533 (5th Cir. 1976).

The case was reargued before the en banc panel in June, 1980. In its supplemental brief, petitioners assert that the Alabama Dry Dock test provides certainty of coverage while meeting the congressional objective of expanding coverage. Petitioners also claim that the legislative history supports restricting situs to facilities strictly “contiguous” to “navigable waters.”

Although we recognize the merit of some of petitioners’ positions, we decline their invitation to constrict the broadened coverage of the LHWA by corseting the areas eligible as maritime situses.

II. THE 1972 AMENDMENTS TO THE LHWA

In 1917, the Supreme Court held that maritime employees injured seaward of the water’s edge could not be covered by state workers’ compensation schemes. Southern [509]*509Pacific Co. v. Jensen,

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632 F.2d 504, 1981 A.M.C. 2010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texports-stevedore-co-v-winchester-ca5-1980.