Southwest Marine, Inc v. Gizoni

• Decision Date: 04 December 1991
• Docket Number: No. 90-584,90-584
• Citation: 112 S.Ct. 486,116 L.Ed.2d 405,502 U.S. 81
• Parties: SOUTHWEST MARINE, INC., Petitioner, v. Byron GIZONI
• Court: U.S. Supreme Court

502 U.S. 81

112 S.Ct. 486

116 L.Ed.2d 405

SOUTHWEST MARINE, INC., Petitioner,

v Byron GIZONI.

No. 90-584.

Argued Oct. 15, 1991.

Decided Dec. 4, 1991.

Syllabus

Petitioner Southwest Marine, Inc., a ship repair facility operator, owns several floating platforms that, among other things, support ship repairmen engaged in their work. Respondent Gizoni, a rigging foreman, worked on the platforms and rode them as they were towed into place. Disabled when his foot broke through a wooden sheet covering a hole in a platform's deck, he applied for, and received, medical and compensation benefits from petitioner pursuant to the Longshore and Harbor Workers' Compensation Act (LHWCA). He later brought suit against petitioner, inter alia, under the Jones Act, alleging that he was a seaman injured as a result of his employer's negligence. The District Court granted petitioner's motion for summary judgment, concluding that, as a matter of law, Gizoni was not a Jones Act seaman, and that he was a harbor worker precluded from bringing his action by the LHWCA, which provides the exclusive remedy for a maritime employee, 33 U.S.C. § 905(a). The term employee includes, inter alios, any harbor worker, including a ship repairman, but not "a master or member of a crew of any vessel," § 902(3). The Court of Appeals reversed both determinations. It held that questions of fact existed as to Gizoni's seaman status; and it rejected the notion that any employee whose work involved ship repair was necessarily restricted to remedy under the LHWCA, reasoning that coverage under the Jones Act or the LHWCA depended not on the claimant's job title, but on the nature of the claimant's work and Congress' intent in enacting those statutes.

Held: A maritime worker whose occupation is one of those enumerated in the LHWCA may be a seaman within the meaning of the Jones Act. Pp. 86-92.

(a) It cannot be the case that, as a matter of law, the LHWCA provides the exclusive remedy for all harbor workers, since the LHWCA and its exclusionary provision do not apply to a harbor worker who is also a "member of a crew of any vessel," a phrase that is a "refinement" of the term "seaman" in the Jones Act. McDermott Int'l, Inc. v. Wilander, 498 U.S. ----, ----, 111 S.Ct. 807, ---, 112 L.Ed.2d 866. Although better characterized as a mixed question of law and fact, the inquiry into seaman status is fact specific and depends on the vessel's nature and the employee's precise relation to it. A maritime worker need only be doing a ship's work, not aiding in its navigation, in order to qualify as a "seaman" under the Jones Act. Id., at ----, 111 S.Ct., at ----. Petitioner's argument that this fact-intensive inquiry may always be resolved as a matter of law if the claimant's job fits within one of the enumerated occupations defining the term "employee" covered by the LHWCA ignores the fact that some maritime workers may be Jones Act seamen performing a job specifically enumerated under the LHWCA. Pp. 86-89.

(b) Petitioner's several arguments to foreclose Gizoni's Jones Act suit are rejected. Decisions holding that the LHWCA provides the exclusive remedy for certain injured railroad workers otherwise permitted by the Federal Employers' Liability Act to pursue a negligence cause of action provide no meaningful guidance here, for the LHWCA contains no exclusion for railroad workers comparable to that for Jones Act seamen. Petitioner errs in arguing that, where a maritime worker is arguably covered by the LHWCA, Congress intended to preclude or stay traditional Jones Act suits in the district courts pending a final LHWCA administrative agency determination of that issue. Indeed, the LHWCA anticipates that such suits could be brought. See 33 U.S.C. § 913(d). And, unlike the Federal Employees Compensation Act, the LHWCA contains no "unambiguous and comprehensive" provisions barring any judicial review of administrative determinations of coverage. Moreover, its administrative proceedings do not require the same jurisdictional limitations that the National Labor Relations Act (NLRA) places on courts in favor of National Labor Relations Board hearings, since the LHWCA's proceedings in no way approach the NLRA's complex and interrelated federal scheme of law, remedy, and administration requiring preemption in those cases. Neither is it essential to the LHWCA's administration that resolution of the coverage issue be left in the first instance to agency proceedings. Petitioner's suggestion that an employee's receipt of benefits under the LHWCA precludes subsequent litigation under the Jones Act is also rejected, see Tipton v. Socony Mobil Oil Co., 375 U.S. 34, 37, 84 S.Ct. 1, 3, 11 L.Ed.2d 4, since the question of coverage has never been litigated in such cases, and since the LHWCA clearly does not comprehend such a preclusive effect, see § 903(e). Pp. 89-92.

909 F.2d 385 (CA9 1985), affirmed.

WHITE, J., delivered the opinion of the Court, in which all other Members joined, except THOMAS, J., who took no part in the consideration or decision of the case.

George J. Tichy, II, San Francisco, Cal., for petitioner.

Preston Easley, San Pedro, Cal., for respondent.

Robert A. Long, Jr., Washington, D.C., for U.S., as amicus curiae, supporting the respondent.

Justice WHITE delivered the opinion of the Court.

The question presented is whether a maritime worker whose occupation is one of those enumerated in the Longshore and Harbor Workers' Compensation Act (LHWCA), 44 Stat. 1424, as amended, 33 U.S.C. § 901 et seq., may yet be a "seaman" within the meaning of the Jones Act, 46 U.S.C.App. § 688, and thus be entitled to bring suit under that statute.

I

Petitioner Southwest Marine, Inc., operates a ship repair facility in San Diego, California. In connection with its ship repair activities, Southwest Marine owns several floating platforms, including a pontoon barge, two float barges, a rail barge, a diver's barge, and a crane barge. These platforms by themselves have no power, means of steering, navigation lights, navigation aids, or living facilities. They are moved about by tugboats, which position the platforms alongside vessels under repair at berths or in drydock at Southwest Marine's shipyard or at the nearby Naval Station. The platforms are used to move equipment, materials, supplies, and vessel components around the shipyard and on to and off of the vessels under repair. Once in place, the platforms support ship repairmen engaged in their work.

Southwest Marine employed respondent Byron Gizoni as a rigging foreman. Gizoni worked on the floating platforms and rode them as they were towed into place. Gizoni occasionally served as a lookout and gave maneuvering signals to the tugboat operator when the platforms were moved. He also received lines passed to the platforms by the ships' crews to secure the platforms to the vessels under repair. Gizoni suffered disabling leg and back injuries in a fall when his foot broke through a thin wooden sheet covering a hole in the deck of a platform being used to transport a rudder from the shipyard to a floating drydock.

Gizoni submitted a claim for, and received, medical and compensation benefits from Southwest Marine pursuant to the LHWCA. He later sued Southwest Marine under the Jones Act in the United States District Court for the Southern District of California, alleging that he was a seaman injured as a result of his employer's negligence. Gizoni also pleaded causes of action for unseaworthiness and for maintenance and cure. App. IV-4, IV-5. In addition to the above facts, Gizoni alleged in his complaint that Southwest Marine's floating platforms were "a group of vessels . . . in navigable waters," and that as a rigging foreman, he was "permanently assigned to said group of vessels." Id., at IV-3.

The District Court granted Southwest Marine's motion for summary judgment on two grounds. The District Court determined as a matter of law that Gizoni was not a Jones Act seaman, finding that Southwest Marine's floating platforms were not "vessels in navigation," and that Gizoni was on board to perform work as a ship repairman, not to "aid in navigation." App. to Pet. for Cert. I-1, I-2. More important to our purposes here, the District Court further concluded that Gizoni was a harbor worker precluded from bringing his action by the exclusive remedy provisions of the LHWCA, 33 U.S.C. § 905(a). App. to Pet. for Cert. I-2.

The United States Court of Appeals for the Ninth Circuit reversed the determination that Gizoni was not a seaman as a matter of law, 909 F.2d 385, 387 (1990), holding that questions of fact existed as to seaman status, e.g., whether the floating platforms were vessels in navigation, whether Gizoni's relationship to those platforms was permanent, and whether he aided in their navigation. Id., at 388. The Ninth Circuit also reversed the District Court's determination that the exclusive remedy provisions of the LHWCA precluded Gizoni from pursuing his Jones Act claim. The court concluded that the LHWCA by its terms does not cover "a master or member of a crew of any vessel," 33 U.S.C. § 902(3)(G), that this phrase is the equivalent of "seaman" under the Jones Act, and that the question of his seaman status should have been presented to a jury. 909 F.2d, at 389. The Ninth Circuit thus rejected the notion that any employee whose work involved ship repair was necessarily restricted to remedy under the LHWCA, reasoning that coverage under the Jones Act or the LHWCA depended not on the claimant's job title, but on the nature of the claimant's work and the intent of Congress in enacting these statutes. Ibid.

We granted certiorari, 498 U.S. ----, 111 S.Ct. 1071, 112 L.Ed.2d 1176 (1991), to resolve the conflict among the Circuits on this issue.¹ We now affirm the judgment of the Ninth Circuit.

II

The Jones Act and the LHWCA each provide a remedy to the injured maritime worker; however, each specifies different maritime...