Duong v. Workers' Compensation Appeals Board

Opinion

WORK, J.

In light of apparent inconsistent holdings by separate panels of the Workers’ Compensation Appeals Board, 1 we issued certiorari to determine whether a land-based shipyard worker was correctly denied state workers’ compensation benefits for injuries incurred when making minor repairs on a commissioned vessel floating in federal navigable waters, but tied to a dock. We hold the injuries occurred while the worker was engaged in activities covered by both the federal and state acts, entitling him to receive state workers’ compensation benefits. Thus, we annul the decision of the…