Schwabenland v. Sanger Boats

CHOY, Circuit Judge:

Lawrence Schwabenland petitions for review of the Benefits Review Board’s (the Board) denial of his claim for benefits under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-50 (the Act). Because the Board applied the wrong test for determining Schwabenland’s employee “status” and because we are convinced that he meets the test we announced in Weyerhaeuser Co. v. Gilmore, 528 F.2d 957, 961 (9th Cir. 1975), cert. denied, 429 U.S. 868, 97 S.Ct. 179, 50 L.Ed.2d 148 (1976), we reverse and remand.

I

At the time of his injury, Schwabenland was employed as…