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Grennan v. Crowley Marine Services7/25/2005
JUDGES Concurring: Mary Kay Becker William Baker
PUBLISHED IN PART
The Longshoreman and Harbor Worker 's Compensation Act (LHWCA) was enacted to create a uniform system to compensate longshoremen and harbor workers for workplace injuries regardless of the situs of the injuries. This underlying purpose is one of the bases that overcomes the presumption that the LHWCA is not to be applied outside the territorial limits of the United States. Accordingly, we hold that the situs of the injuries to Dennis Grennan off Sakhalin Island, Russia falls within the coverage of the LHWCA. We also hold that there is no genuine issue of material fact whether Grennan had the status of 'seaman' under the Jones Act at the time of his injury. He did not have 'seaman' status because he lacked a connection to a vessel in navigation that was substantial both in terms of duration and nature. Rather, Grennan was an 'employee' for purposes of and subject to exclusive coverage under the LHWCA. Thus, dismissal of his claims under the Jones Act and under general maritime law was proper.
Finally, the record relating to the sanctions order for alleged discovery violations by Crowley Marine Services fails to reflect the required considerations. We affirm the dismissal orders, vacate the discovery order, and remand for further proceedings consistent with the cases.
Grennan was a long-term employee of Crowley, having worked for the Seattle-based company for over 29 years at the time of his accident. In the summer of 2002, Crowley temporarily assigned him to work on a tug and two barges just off Chayvo Beach, Sakhalin Island, Russia. There, he was involved in transporting materials for the construction of oil facilities. He worked exclusively on the barges and tugs and lived aboard a Crowley tug. According to the record, Russian immigration officials forbade Grennan and the other workers from going ashore.
Specifically, while remaining at all times off the beach, he worked to offload materials from floating Barge 408 to partially beached Barge 420, which served as a temporary dock. In September 2002, while participating in the placement and securing of a ramp from one barge to the other, Grennan's right foot was caught beneath a ramp. His foot and toes were crushed, and his foot had to be amputated.
Grennan timely filed a claim for compensation under the LHWCA, but requested the withholding of payments pending this litigation. Thereafter, he sued Crowley, asserting claims of negligence under the Jones Act (46 USC sec. 688) and unseaworthiness under general maritime law. Crowley asserted the affirmative defense that Grennan's exclusive remedy was under the LHWCA. As the trial drew near, Grennan moved to strike this affirmative defense on two grounds. First, Grennan argued that he did not meet the LHWCA's 'status' requirement because he was a 'seaman,' not covered by the act, at the time of the accident. Second, Grennan argued that his injury had not occurred at a 'situs' covered by the LHWCA--within 'navigable waters of the United States,' as that term is used in the act. Crowley moved for summary judgment, which the court granted. By separate orders, the court denied Grennan's motion to strike both grounds of the affirmative defense.
Grennan also moved for sanctions of $5,000, claiming that Crowley withheld a document in violation of discovery rules. The court imposed sanctions of $3,000 against Crowley.
Grennan appeals, and Crowley cross appeals the sanctions order.
LONGSHORE AND HARBOR WORKER 'S COMPENSATION ACT
Navigable Waters of the United States
Grennan argues that summary dismissal of his claims
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