Mary E. Barger, Cross-Appellant v. Petroleum Helicopters, Inc., Cross-Appellee

To the dual holding1 that the helicopter was not a “vessel” and Barger, its pilot, was not a “seaman”, I must respectfully dissent.

To narrow the point of difference, I wish to make clear the extensive areas in which I am in full agreement with Judge Rubin’s scholarly analysis. Without a doubt, 43 U.S.C. § 1333(b) of the Outer Continental Shelf Lands Act (OCSLA) brings into play § 933(i) of the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) which prescribes the exclusive remedy for injury and death cases by the Act. I quite agree that Barger’s death was the “result of operations…