Senko v. LaCrosse Dredging Corp.

Background

A dredge handyman who carried supplies and maintained a dredge was injured by an exploding coal stove while placing signal lanterns on shore. He sued the dredging company under the Jones Act, which lets seamen recover for work injuries but—because of the Longshoremen’s Act—applies only to those who are members of a vessel’s crew. A jury found for the worker, but the Illinois appellate court reversed for lack of evidence that he was crew.

Reasoning

The Court considered whether the record supplied any reasonable basis for the jury to conclude the worker was permanently attached to the dredge as a crew member. The majority emphasized testimony that he was known as a “deckhand,” performed most duties on the dredge (cleaning, splicing rope, stowing supplies, maintaining the vessel), and would have navigational tasks if the dredge moved. On that evidentiary showing the Court held the jury’s finding was supported and reversed the appellate court. The Court remanded for consideration of two other issues the lower court had not reached.

Real world impact

Employers and workers on vessels that are frequently anchored may now see jury findings about day-to-day duties determine Jones Act coverage. The decision allows some maintenance and supply workers to claim seaman status when a jury reasonably finds they are substantially connected to a vessel. The ruling addressed evidence sufficiency, not all legal questions; the case was sent back for further review of other issues.

Dissents or concurrances

Three Justices dissented, arguing the worker was an ordinary shore laborer who lived ashore, worked hourly, answered to a shore foreman, and had duties unrelated to navigation; they would have left the appellate court’s judgment in place and noted the worker already obtained state workers’ compensation.