Boyd & Jenerette Secures Dismissal of Longshore Claim Via Summary Decision

February 21, 2018 by on News

The Claimant, a Senior Safety Manager, would travel from job site to job site conducting safety assessments and mock OSHA investigations.  While on the port facility of a customer conducting such an assessment, he injured his shoulder.  He also claimed a hearing loss from his repetitive exposure to loud noise while visiting these various job sites.  The Employer/Carrier denied the longshore claim, contending that the Claimant’s job duties did not satisfy the situs and status prongs for longshore jurisdiction, asserting that the Claimant’s remedies were under the Florida Workers’ Compensation Act. 

After the claim was referred to an ALJ for hearing, Shareholder Mark Eckels deposed the Claimant.  Then, with the assistance of Associate Katherine Brezinski, a Motion for Summary Decision was filed with the ALJ.  Finding no genuine issues of material fact, the ALJ found that the Claimant’s job duties were not integral to the Employer’s customers’ longshoring operations and thus did not fall under the jurisdiction of the Longshore Act.  Hence, the Claimant’s longshore claim was summarily denied.

Mark K. Eckels
Shareholder / Practice Group Leader
Direct: 904.353.6244

Katherine B. Brezinski
Direct: 904.493.3756

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