Federal: Cook Was not a Seaman: No Jones Act Liability on Part of Employer

Federal: Cook Was not a Seaman: No Jones Act Liability on Part of Employer

A cook, who spent approximately 6 out of a total of 195 days of his employment engaged in seaman’s work aboard the quarterbarge UNITY was not a seaman under the 30 percent status test set forth in Chandris, Inc. v. Latsis, 515 U.S. 347 (1995), held a federal district court.  Accordingly, he could not maintain a Jones Act case against his employer.  The court observed that most of the work performed by the cook occurred on fixed drilling platforms.  His work aboard the UNITY was only temporary; it did "not constitute the kind of regular or continuous commitment of his labor to the service of that vessel that regularly exposed him to the perils of the sea within the meaning of Chandris.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Martin v. Fab-Con, Inc., 2014 U.S. Dist. LEXIS 31913 (E.D. La., Mar. 12, 2014) [2014 U.S. Dist. LEXIS 31913 (E.D. La., Mar. 12, 2014)]

See generally Larson’s Workers’ Compensation Law, § 146.02 [146.02]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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