Fleischmann v. Director

Theodore Fleischmann appeals from the affirmance of a decision of G. Marvin Bober, Associate Chief Administrative Law Judge, denying Fleischmann compensation benefits under the Longshore and Harbor Workers Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950 (1994). Fleischmann argues that he meets the requirements for coverage under the LHWCA as a matter of law. The Director argues that Fleischmann has status as a "harbor worker" within the meaning of § 902(3), but he does not express opinion whether Fleischmann was injured on a covered situs under § 903(a). Respondents Seahorse Coastal Assistance and Towing and State Insurance Fund argue that Fleischmann does not qualify for coverage under the LHWCA, both because he does not have status as a covered employee and because he was not injured on a situs covered by the LHWCA. Held that Appellant does meet the statutory requirements for both situs and status.