Workers engaged in maritime-related activities are entitled to specific protections under the Longshore and Harbor Workers’ Compensation Act (LHWCA). However, determining eligibility for benefits under this Act can be complex, especially for employees whose duties include both clerical and operational tasks. A recent Massachusetts decision provides important guidance on what constitutes maritime employment for the purpose of compensation eligibility. If you are navigating a workers’ compensation claim involving maritime employment, it is in your best interest to consult an experienced Massachusetts workers’ compensation attorney as soon as possible.
History of the Case
It is alleged that the claimant, a book clerk employed at a port terminal, suffered a back injury after a fall in an employee parking lot adjacent to navigable waters. The claimant’s job responsibilities included processing ship manifests, recording cargo movements, and identifying goods being loaded and unloaded. While most of the claimant’s duties took place in an office setting, he was required to inspect cargo at the container yard and, on occasion, board vessels to resolve manifest discrepancies.
It is alleged that after the injury, the claimant applied for benefits under the LHWCA. However, the Benefits Review Board denied the claim, reasoning that the claimant’s clerical duties did not constitute “maritime employment” as defined by the Act. Reportedly, the Board concluded that the claimant’s work was primarily administrative rather than directly involved in loading and unloading vessels. The claimant appealed the decision, arguing that his job required active participation in maritime operations.
Maritime Employment as Defined by Federal Law
On appeal, the First Circuit evaluated whether the claimant’s job duties met the statutory definition of maritime employment under the LHWCA. Under 33 U.S.C. § 902(3), the Act covers employees engaged in maritime employment, including those directly involved in loading, unloading, repairing, or building vessels. Courts have established that even workers with some clerical responsibilities may qualify for coverage if their duties include substantial maritime functions.
The court found that the claimant’s responsibilities extended beyond mere office work. In doing so, the court emphasized that the claimant’s regular duties required him to be physically present at the terminal during cargo operations, interact with dock workers, and verify cargo positioning. The court relied on precedent establishing that workers responsible for inspecting, documenting, and verifying cargo are integral to the maritime loading and unloading process and, therefore, covered under the Act.
Further, the court rejected the Board’s reasoning that the claimant’s clerical title automatically disqualified him from coverage. The court reiterated that an employee’s actual job functions, rather than formal job classifications, determine eligibility under the LHWCA. Because the claimant’s duties involved an essential role in maritime cargo handling, the court held that he was engaged in maritime employment and entitled to benefits. As such, the court reversed the Benefits Review Board’s decision and remanded the case for further proceedings, instructing the Board to award benefits consistent with its ruling.
Meet with an Experienced Massachusetts Workers’ Compensation Attorney
If your workers’ compensation claim has been denied based on a disputed employment classification, it is crucial to seek legal representation. Attorney James K. Meehan of the Law Office of James K. Meehan is a knowledgeable Massachusetts workers’ compensation attorney who has extensive experience handling LHWCA disputes and will advocate on your behalf. Contact Attorney Meehan at 508-822-6600 or fill out the firm’s online form to schedule a consultation today.