Thank You For Submiting Feedback!
Supreme Court of the United States
Argued April 18, 1977 ; June 17, 1977 1 ; as amended
[*251] [***325] [**2351] MR. JUSTICE MARSHALL delivered the opinion of the Court.
In 1972 Congress amended the Longshoremen's and Harbor Workers' [***326] Compensation Act (LHWCA or Act), 33 U.S.C. § 901 et seq., in substantial part to "extend [the Act's] coverage to protect additional workers." S. Rep. No. 92-1125, p. 1 (1972) (hereinafter S. Rep.). 3 In these consolidated cases we must determine whether respondents Caputo and Blundo, injured while working on the New York City waterfront, are [*252] entitled to compensation. To answer that question we must determine the reach of the 1972 Amendments.
The sections of the Act relevant to these cases are the ones providing "coverage" and defining "employee." They provide, with italics to indicate the material added in 1972: S
] "Compensation shall be payable… in respect of disability or death of an employee but only if the disability or death results [****7] from an injury occurring upon the navigable waters of the United States (including 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) (1970 ed., Supp. V).]
"The term 'employee' means any person engaged in martime 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) (1970 ed., Supp. V).I
Specifically at issue here is whether respondents Caputo and Blundo were "employees" within the meaning of the Act and whether the injuries they sustained occurred on the "navigable waters of the United States."
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
432 U.S. 249 *; 97 S. Ct. 2348 **; 53 L. Ed. 2d 320 ***; 1977 U.S. LEXIS 21 ****
NORTHEAST MARINE TERMINAL CO., INC., ET AL. v. CAPUTO ET AL.
Subsequent History: As Amended.
Prior History: CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
coverage, ship, cargo, vessel, unloading, terminal, loading, longshoremen, container, situs, navigable waters, longshoring, injuries, maritime, adjoining, truck, loading and unloading, longshoreman, assigned, stevedoring, tasks, transportation, consignee's, customarily, employees, occurring, workmen's, handling, hired, gang
Admiralty & Maritime Law, Maritime Workers' Claims, Longshore & Harbor Workers' Compensation Act, Maritime Personal Injuries, General Overview, Labor & Employment Law, Employment Relationships, At Will Employment, Definition of Employees, Workers' Compensation & SSDI, Longshore & Harbor Workers' Compensation Act, Coverage & Definitions, Status Requirement, Situs Requirement, Practice & Procedure, Choice of Law, Jurisdiction, Judicial Review, Compensability, Awards, Hearings & Review, Maritime Contracts, Contracts Law, Types of Contracts, Lease Agreements, Injuries, Accidental Injuries, Definition of Employers, Course of Employment, Business & Corporate Compliance, Workers' Compensation & SSDI, Occupational Diseases, Coverage, Employment Status, Employees, Employers, Injuries, Benefits, Disability Benefits, Maritime Tort Actions