Legal Opinion
Healy Tibbitts Builders, Inc. v. Director, Office of Workers' Compensation Programs
Court of Appeals for the Ninth Circuit
Decided April 13, 2006No. 04-70575PublishedCited by 1 opinion
1Opinion of the Court
SILVERMAN, Circuit Judge.
The Longshore and Harbor Workers’ Compensation Act does not cover “all those who breathe salt air,” but neither is it limited to Popeye. The decedent in this case was killed near the water’s edge while excavating a utility line trench, a job that was part of a project to renovate three submarine berths at Pearl Harbor. We hold today that the Benefits Review Board reasonably concluded that the decedent was a “harbor worker” covered by the Act even though his specific job was not uniquely maritime in nature.
I. Background
Berthing wharves are large, concrete decks that…
2Cases cited15 opinions
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- Herb's Welding, Inc. v. GraySupreme Court of the United States · 1985
- Chesapeake & Ohio Railway Co. v. SchwalbSupreme Court of the United States · 1989
- Hullinghorst Industries, Inc. v. David E. Carroll, and Director, Office of Workers' Compensation Programs, U. S. Department of LaborCourt of Appeals for the Fifth Circuit · 1981
- Kalama Services, Inc. v. Director, Office of Workers' Compensation Programs, Department of LaborSupreme Court of the United States · 2004
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3Cited by1 opinion
- Healy Tibbitts Builders, Inc. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2006