Byron White

“ The Jones Act and the LHWCA each provide a remedy to the injured maritime worker; however, each specifies different maritime workers to be within its reach. In relevant part, the Jones Act provides that " [a] ny seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply. ”

“ This is so because " [i] t is not the employee's particular job that is determinative, but the employee's connection to a vessel." Wilander, supra, 498 U.S., at ----, 111 S.Ct., at 817. By its terms the LHWCA preserves the Jones Act remedy for vessel crewmen, even if they are employed by a shipyard. A maritime worker is limited to LHWCA remedies only if no genuine issue of fact exists as to whether the worker was a seaman under the Jones Act. ”

“ The Ninth Circuit concluded that questions of fact existed regarding whether the floating platforms were vessels in navigation, and whether Gizoni had sufficient connection to the platforms to qualify for seaman status. [6] Gizoni alleges facts in support of each of these propositions-facts which Southwest Marine disputes. ”

“ These platforms by themselves have no power, means of steering, navigation lights, navigation aids, or living facilities. They are moved about by tugboats, which position the platforms alongside vessels under repair at berths or in drydock at Southwest Marine's shipyard or at the nearby Naval Station. The platforms are used to move equipment, materials, supplies, and vessel components around the shipyard and on to and off of the vessels under repair. Once in place, the platforms support ship repairmen engaged in their work. ”

“ Argument by amicus would force injured maritime workers to an election of remedies we do not believe Congress to have intended.↑ The Ninth Circuit also found questions of fact to remain concerning whether Gizoni aided in the navigation of these platforms. After McDermott Int'l, Inc. v. Wilander, 498 U.S. ----, 111 S.Ct. 807, 112 L.Ed.2d 866 (1991) , however, only "employment-related connection to a vessel in navigation" is required. Id., at ---, 111 S.Ct., at 817. To be a seaman, the employee need not aid in navigation. ”

“ Pennsylvania, 447 U.S. 715, 100 S.Ct. 2432, 65 L.Ed.2d 458 (1980) (ship repairmen working and injured on land) ; P.C. Pfeiffer Co. v. Ford, 444 U.S. 69, 80, and n. 12, 100 S.Ct. 328, 336, and n. 12, 62 L.Ed.2d 225 (1979) , not all ship repairmen lack the requisite connection as a matter of law. ”