Jethro Barrett v. Chevron, U.S.A., Inc., E.B.B. Co., Inc. And Lift Barge, Inc. v. Maryland Casualty Company, Intervenor-Appellant

W. EUGENE DAVIS, Circuit Judge:

This case brings before the en banc court a question frequently confronted in this circuit: when is an offshore oilfield worker a “seaman” for purposes of the Jones Act? 1 We take the opportunity for en banc consideration of whether, after twenty-six years of development and interpretation, the test for Jones Act seaman status enunciated in Offshore Company v. Robison, 266 F.2d 769 (5th Cir.1959) should be modified.

The panel opinion, 752 F.2d 129, recites these facts to which we add only the material in brackets:

I

FACTS

In 1979, Tilden J. Elliott Contractor, Inc.…