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Harbor Tug and Barge Co. v. Papai, 520 U.S. 548 (1997);
Chandris, Inc. v. Latsis, 515 U.S. 347 (1995);
McDermott International, Inc. v. Wilander, 498 U.S. 337 (1991).] This is especially evident given the recent
en banc decision in
Sanchez v. Smart Fabricators of Texas, L.L.C., No. 19-20506,2021 WL 1882565 (5th Cir. May 11, 2021) (
en banc) (Davis).
In
Sanchez, the Fifth Circuit overturned a three-judge panel decision and reinstated a district court s holding that a land-based welder allegedly injured while working on a jacked-up drilling rig failed to meet the definition of a seaman to sue under the Jones Act. The
en banc panel expanded the considerations that should be applied to distinguish whether a maritime worker is a seaman entitled to benefits under the Jones Act from other maritime workers generally covered under the Longshore and Harbor Workers Compensation Act (a federal compensation remedy for injuries to certain land-based workers occurring on navigable
May 14, 2021 By David Murray
In a ruling closely watched by maritime interests, the full, 17-member United States Court of Appeals for the Fifth Circuit narrowed the tests for a determination of who counts as a “seaman” under the Jones Act. The Fifth Circuit had taken the case “en banc,” meaning all 17 judges (plus a retired senior judge) took part to resolve some conflicts among existing cases and precedents concerning who qualified for Jones Act status.
Maritime attorney Matt Moeller told
The Waterways Journal, “The court’s ruling will likely limit the universe of marine contractor personnel who qualify as Jones Act seamen, which could reduce potential Jones Act liability exposure for many vessel owners and operators.”
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Full 5th Circ. Says Oil Rig Welder Not A Seaman
Law360 (May 11, 2021, 8:00 PM EDT) The full Fifth Circuit declared Tuesday that a welder alleging he was injured while working on a drilling rig can t sue under the Jones Act, walking back an earlier circuit ruling in which a panel said it was precedent-bound to determine that the man qualified as a seaman.
The en banc opinion overturns a three-judge panel s August decision and reinstates the district court s holding that Gilbert Sanchez failed to meet the definition of a seaman under the Jones Act, which gives qualified workers the right to sue for damages under maritime commerce law. The entire court agreed that Sanchez wasn t substantially.