Legal Opinion

Fusco v. Perini North River Associates

Court of Appeals for the Second Circuit

Decided June 29, 1979No. Nos. 869 to 871, Dockets 79-4096, 79-4015 and 79-4016PublishedCited by 23 opinions

1Opinion of the Court

WYZANSKI, Senior District Judge:

The main question presented is whether a construction worker whose principal duties are performed on navigable waters, as that term was defined in § 3(a) of the original Longshoremen and Harbor Workers’ Act, [LHWCA] 44 Stat. 1426, 33 U.S.C. § 903(a), and who sustains on such waters a work-related injury is, within the meaning of § 2(3) of LHWCA, as amended in 1972, 86 Stat. 1251, 33 U.S.C. § 902(3) (1970 ed., Supp. V) a “person engaged in maritime employment” so as to be covered by LHWCA.1

Fusco and Sullivan, having sustained work-related injuries in separate…

2Cases cited21 opinions

  1. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  2. Burnet v. HarmelSupreme Court of the United States · 1932
  3. Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
  4. Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
  5. Davis v. Department of Labor and Industries of Wash.Supreme Court of the United States · 1942

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

3Cited by23 opinions

  1. Director, Office of Workers' Compensation Programs v. Perini North River AssociatesSupreme Court of the United States · 1983
  2. Keith A. Boudreaux v. American Workover, Inc., Awi, Inc., Third-Party v. American Insurance Co., Third-PartyCourt of Appeals for the Third Circuit · 1982
  3. Ingalls Shipbuilding Division, Litton Systems, Inc. v. John H. White and Director, Office of Workers' Compensation Programs, U. S. Department of LaborCourt of Appeals for the Fifth Circuit · 1982
  4. Matthew Long v. Director, Office of Workers' Compensation Programs Seatrain Lines and Royal Globe Insurance CompanyCourt of Appeals for the Ninth Circuit · 1985
  5. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Newport News Shipbuilding and Dry Dock CompanyCourt of Appeals for the Fourth Circuit · 1982

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

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