Winston J. Perron, United States Fire Insurance Company, Intervenor-Appellant v. Bell Maintenance and Fabricators, Inc.

Winston Perron and Michael Lee having been nominal employees of different companies, but “borrowed servants” of Gulf Oil, when Perron was allegedly injured on Gulf’s offshore platform by Lee’s negligence, the issue in this appeal is whether the bar under the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 933(i), for suits against a co-employee likewise applies to this tort action (■respondeat superior) by Perron against Lee’s employer, Bell Maintenance & Fabricators Co., as held by the district court in granting summary judgment for Bell. We AFFIRM.

I

In early 1985, Perron,…