Alfred B. Wells v. Industrial Commission

The Honorable Justice COLWELL delivered the opinion of the court: Appellant, Alfred Wells, appeals the Industrial Commission's findings relating to the appellant's average weekly wage. Appellee/Cross appellant, Ceres Terminals, Inc. (""Ceres""), appeals the Commission's finding that it has subject matter jurisdiction to consider appellant's application for benefits and enter an award in favor of appellant. Ceres contends that, at the time of the injury, appellant was a longshoreman who was injured while performing his duties over navigable waters of the United States and, therefore, appellant can only be compensated under the provisions of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. sec. 901, et seq.) We agree with Ceres' contention and, therefore, we reverse.