On March 10, 2014, the United
States Fifth Circuit Court of Appeals upheld that a land-based vessel repair
supervisor was entitled to status as a Jones Act seaman.
Elevating Boats, LLC operates
26-30 lift boats out of Houma, Louisiana.
Larry Naquin, Sr., a vessel repair supervisor was seriously injured
while testing one of the shipyard cranes at the shipyard.
In the decision Naquin was able
to recover under the Jones Act even
though:
• Naquin rarely spent the night aboard a
vessel;
• He was a shore-based repair supervisor who
worked at a shipyard
• The vessels where Naquin worked were
ordinarily docked; and
• Naquin never ventured out into the immediate
canal area or onto open sea.
Seaman status used the two-prong test
enumerated in Chandris v. Latsis. A
worker must prove that (a) his job contributes to the function of the vessel or
accomplishment of its mission and (b) that his connection to a vessel in
navigation is substantial in duration and nature.
In this case the court quickly
determined that Naquin spent 70% of his time repairing and operating cranes and
other equipment aboard the lift boats (even though it was at the dock), Naquin could
satisfy the requirement.