Herb's Welding, Inc. v. Gray
Headline: Court limits worker-compensation coverage by ruling that welders on fixed offshore oil platforms in state waters are not engaged in maritime employment, blocking claims under the federal longshore workers' compensation law for similar workers.
Holding: The Court held that a welder working on a fixed offshore oil platform in state territorial waters was not engaged in maritime employment under the Longshoremen’s and Harbor Workers’ Compensation Act, and therefore not entitled to LHWCA benefits.
- Denies LHWCA coverage to many fixed-platform offshore welders in state waters.
- Leaves open Lands Act claims; those workers must pursue other federal or state remedies.
- May cause different coverage depending on platform type or location.
Summary
Background
Robert Gray was a welder who lived and worked on fixed offshore oil platforms in the Bay Marchand field off Louisiana. While welding a gas flow line on a platform in state territorial waters he was injured in an explosion and hurt his knee. Gray sought benefits under the federal longshore workers' compensation law; his carrier denied benefits and the dispute moved through administrative and appellate bodies before reaching this Court.
Reasoning
The central question was whether Gray's work qualified as "maritime employment" under the statute. The Court focused on the Act's status requirement and prior decisions and concluded that "maritime employment" targets jobs tied to loading, unloading, repairing, or building vessels. Because Gray's welding involved pipelines and platform maintenance—tasks common on land and not directly part of loading or unloading ships—the Court held he was not engaged in maritime employment and therefore not covered by the Act.
Real world impact
The decision removes LHWCA eligibility for workers in Gray's factual situation unless another statute applies. The Court reversed the lower judgment and remanded the case, expressly declining to decide whether Gray might instead recover under the Outer Continental Shelf Lands Act; that issue remains for further proceedings.
Dissents or concurrances
Justice Marshall (joined by Brennan, Blackmun, and O'Connor) dissented, arguing that fixed-platform workers routinely travel over water, face maritime hazards, and fit the 1972 amendments' goal of preventing patchy coverage, so they should qualify as maritime employees.
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