Longshore/harbor workers case law summary

You may be interested in these recent court cases relating to longshore and harbor workers.

Flores v. MMR Constructors, Inc.

[2016 WL 6518831 (BRB 16-0133, 2016]
In this case, the court determined that if a worker is injured on navigable waters and would have been covered when the USLH act was first passed in 1927, and not excluded under newer amendments, the worker is subject to USLH.

This is why workers in navigable waters onboard a barge working on bridge piers or a dam (an impediment to maritime commerce) are considered subject. Workers are not engaged in traditional maritime labor such as loading/unloading a boat or building/repairing a boat, but they are in navigable waters and they would have been considered subject prior to 1972.

It's also why caisson work in navigable water is subject. A caisson "is a watertight retaining structure used, for example, to work on the foundations of a bridge pier, for the construction of a concrete dam, or for the repair of ships." (Source: Wikipedia)

Knutson Towboat Co. v. Wakeley

[2016 WL 5335499 (9th Cir. 14070990, 2016) (unpublished)]
This case law is of particular interest to SAIF underwriters. In the case, a worker repairing a roof used to store tools that are used to repair equipment (that is used to load/unload logs) was regarded as subject to USLH.

This is why an electrician fixing lights at the port (so boats can unload and load at night) is subject. And it's why carpenters fixing docks and cement workers repairing yard facilities in admiralty areas that are sometimes used for maritime repair purposes are subject.