Wallace S. Harwood, Jr. v. Partredereit Af 15.5.81, Wallace S. Harwood, Jr. v. Partredereit Af 15.5.81

The majority is clearly correct in its statement that workers who are covered by the Longshore and Harbor Workers’ Compensation Act (Act, or LHWCA) are not entitled to the warranty of seaworthiness. 33 U.S.C.A. § 905(b) (1986). However, because I conclude that Appellant Harwood, as a harbor pilot, is not covered by the Act, I must part company with the majority as to all of its subsequent assertions with regard to the relation between harbor pilots and the Act. I find that the district court’s determination that harbor pilots such as Harwood retain access to the warranty of seaworthiness is…