Legal Opinion

Harry Hurston v. Director, Office of Workers Compensation Programs McGray Construction Company Beaver Insurance Company

Court of Appeals for the Ninth Circuit

Decided April 1, 1993No. 91-70528PublishedCited by 22 opinions

1Opinion of the Court

RYMER, Circuit Judge:

Harry Hurston petitions for review of the Benefits Review Board decision and order denying him benefits under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950. We must decide whether a structure built on pilings that reaches from land to navigable water is a “pier” which is a covered situs under § 903(a) even though it is not used for a traditional maritime activity such as the loading or repair of vessels.

We hold that it is. The LHWCA's “status” requirement restricts coverage to only those employees engaged in maritime employment under §…

2Cases cited12 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  3. Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
  4. Herb's Welding, Inc. v. GraySupreme Court of the United States · 1985
  5. Nacirema Operating Co. v. JohnsonSupreme Court of the United States · 1969

7 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. United States v. Dante Vargas-AmayaCourt of Appeals for the Ninth Circuit · 2004
  2. BMC Industries, Inc. v. Barth Industries, Inc.Court of Appeals for the Eleventh Circuit · 1998
  3. New Orleans Depot Services, Inc. v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 2013
  4. Valladolid v. Pacific Operations Offshore, LLPCourt of Appeals for the Ninth Circuit · 2010
  5. Robert W. Hunt, M.D. v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor Marine Terminals CorporationCourt of Appeals for the Ninth Circuit · 1993

17 more not listed; retrieve them via the Exa API.

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