Thank You For Submiting Feedback!
United States Court of Appeals for the Fifth Circuit. Unit A
December 19, 1980
[*1346] A majority of the Benefits Review Board asserts that Congress did not intend for the Longshoremen's and Harbor Workers' Compensation Act (Act) to cover employees whose maritime employment was insubstantial. Because the Supreme Court has held Congress intended to cover workers when at least some part of their duties involved such employment, we reverse and remand.
[*1347] The facts as found by the Board are as follows. The claimant, Edgar J. Boudloche, was employed by Howard Trucking Company, Inc., (Howard) as a truck driver. Howard was engaged in the business of transporting oil field and marine equipment used in drilling for oil and gas offshore and on land. Boudloche hauled heavy oil field equipment on a large truck and a flatbed trailer rig. Approximately [**2] half of his runs were from one land-based site to another. The other half required him to either pick up or deliver equipment at a dock. Ten to twenty percent of the docks worked by Boudloche had no loading or unloading equipment or personnel. At such docks Boudloche did all of the work of loading and unloading the equipment by himself. The remaining docks where Boudloche picked up or delivered equipment were equipped with cranes and laborers called "roustabouts" to load and unload. To develop good will for his employer, Boudloche was expected to assist in the loading and unloading process even at those well-equipped facilities. Boudloche estimated that he had a delivery or a pick-up two or three times a week at a poorly equipped dock where he had to do the loading or unloading himself.
Boudloche would use either a winch or a gin pole on his truck to load or unload at unequipped docks. This required that he board the barge being loaded or unloaded to secure or release cables on the cargo. Only 2 1/2 to 5 percent of his overall work time was spent loading or unloading cargo at unequipped dock facilities where he had to board vessels.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
632 F.2d 1346 *; 1980 U.S. App. LEXIS 11226 **
Edgar J. BOUDLOCHE, Petitioner, v. HOWARD TRUCKING CO., INC., Northwest Insurance Co. and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents
Prior History: [**1] Petition for Review of an Order of the Benefits Review Board.
dock, loading, unloading, maritime, boat, longshoring, truck, longshoreman's, coverage, ship
Admiralty & Maritime Law, Maritime Workers' Claims, Longshore & Harbor Workers' Compensation Act, Labor & Employment Law, Employment Relationships, At Will Employment, Definition of Employees, Workers' Compensation & SSDI, Longshore & Harbor Workers' Compensation Act, Coverage & Definitions, Status Requirement, General Overview, Shipping, Carrier Duties & Obligations