Northeast Marine Terminal Co., Inc. v. Caputo

432 U.S. 249 (1977)

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Nature of the Case

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Facts

Blundo (P) had been employed for five years as a 'checker' by International (D). Blundo (P) was responsible for checking and recording cargo as it was loaded onto or unloaded from vessels, barges, or containers. On January 8, 1974, Blundo (P) was injured as he was marking the cargo stripped from a container, when he slipped on some ice on the pier. He sought compensation under the LHWCA. The Administrative Law Judge concluded that he satisfied the coverage requirements of the Act and the Benefits Review Board (BRB) affirmed. Caputo (P) was a member of a long-shoring 'gang' that worked for Pittston. When his gang was not needed, Caputo (P) went to the waterfront hiring hall, where he was hired by the day by other stevedoring companies or terminal operators with work available. On April 16, 1973, Caputo (P) was hired by Northeast (D) to work as a 'terminal [laborer].' A terminal laborer may be assigned to load and unload containers, lighters, 5Link to the text of the note barges, and trucks. Caputo (P) was assigned, along with a checker and forklift driver, to help consignees' truckmen load their trucks with cargo that had been discharged from ships at Northeast's (D) terminal. Caputo (P) was injured while rolling a dolly loaded with cheese into a consignee's truck. The Administrative Law Judge found that Caputo satisfied the requirements of the Act and awarded him compensation. The BRB affirmed. Ds appealed and the cases were consolidated. The court held that the injuries were compensable under the LHWCA. Ds appealed.