Hullinghorst Industries, Inc. v. Carroll

650 F.2d 750 (5th Cir. 1981)

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Nature of the Case

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Facts

P suffered a back injury while erecting a scaffold beneath a pier extending out over the Mississippi River. The pier was part of a port facility owned and operated by the BASF Wyandotte Corp. (Wyandotte). The scaffold was to provide a place for Wyandotte employees to stand in order to repair a turntable (a piece of equipment used by Wyandotte in the loading and unloading of vessels) that had been damaged by a ship. P was employed as a carpenter by D who acted solely as the scaffolding subcontractor at the Wyandotte port facility. Neither D nor any of its employees participated directly in the loading, unloading, building, repair, or breaking of any vessel. P filed a claim for compensation under the LHWCA. The ALJ denied benefits to P on the ground that he was not an 'employee' within the meaning of the Act. The Director of DOL's Office of Workers' Compensation Programs appealed that decision to the Benefits Review Board (Board). The Board reversed the ALJ's determination. that P was not a covered employee under the Act and remanded the case for determination of the amount of compensation due. The ALJ's determination on remand was upheld by the Board, and d petitioned for review of the Board's final order.