Hugo Black

“ Here again, however, Congress made clear its purpose to permit state compensation protection whenever possible by making the federal law applicable only 'if recovery for the disability or death through workmen's compensation proceedings may not validly be provided by State law.'
Harbor workers and longshoremen employed 'in whole or in part, upon the navigable waters' are clearly protected by this Federal Act; but, employees such as decedent here occupy that shadowy area within which, at some undefined and undefinable point, state laws can validly provide compensation. ”

“ It is scant comfort to an employer that he may find he has committed a misdemeanor in not posting a bond as required by the federal Act because he may have been advised, not unnaturally, that under the prior rulings of this Court the activities of his employees were local in nature and hence he could be sued only under state law. ”

“ As penalty for error, the injured individual may not only suffer serious financial loss through the delay and expense of litigation, but discover that his claim has been barred by the statute of limitations in the proper forum while he was erroneously pursuing it elsewhere. ”

“ The Washington statute provides compensation for employees and dependents of employees, such as decedent, if its application can be made 'within the legislative jurisdiction of the state.' A further statement of coverage applies the Act to 'all employers and workmen * * * engaged in maritime occupations for whom no right or obligation exists under the maritime laws.' Rem.Rev.Stat.Wash. ”

“ Both of these laws show clearly that neither was intended to encroach on the field occupied by the other. But the line separating the scope of the two being undefined and undefinable with exact precision, marginal employment may, by reason of particular facts, fall on either side. ”