Green v. Vermilion Corporation

144 F.3d 332 (5th Cir. 1998)

Facts

D employed P at a 'duck camp' it operated pursuant to its contract with the Bayou Club. The camp is located on marshland near a private canal off a bayou. D uses the post as a 'headquarters' for its operations in this area, which include harvesting and selling alligator eggs, trapping and selling alligators, fur trapping, shrimping, and rice farming. During the season, P worked as both a cook and watchman at the camp. Off-season, P served as a watchman, performed general maintenance on the camp, and usually cooked a lunch meal for any D employees working in the area. P worked only at the camp and was required to stay there from Monday at 8:00 a.m. to noon on Friday, except for duck season when his hours were longer. P got to the camp via a boat and usually brought a week's worth of groceries with him on Monday morning. P also occasionally assisted in mooring and unloading supply boats that docked at the camp. Lee Guidry, a D employee, was piloting THE M/V GADWALL and radioed P at the camp and asked him to assist in tying up the vessel and unloading supplies and equipment. While mooring the vessel, P boarded THE M/V GADWALL and slipped and fell on the deck. P filed suit alleging claims under the LHWCA and general maritime law for negligence and unseaworthiness. The district court held that P was excluded from LHWCA coverage by the 'club/camp' employee exception. The district court dismissed the remainder of P's claims on the grounds that the Louisiana Worker's Compensation Act was his exclusive remedy. P appealed.