Torts, Workers Comp Preemption, Maritime Law, Club Employee
As amended in 1984, the Longshoremen’s and Harbor Workers’ Compensation Act excepted from the definition of “employee” “individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet,” whether for-profit or not-for-profit, so long as the individuals are covered by a state worker’s compensation scheme. (33 U.S.C. § 902(3)(B).) This decision holds that the only effect of that provision is to specify that the exempted workers are covered by state workers compensation laws, not the LHWCA. The statute does not abrogate other general maritime law remedies for excluded workers who are injured at sea. Federal law preempts the state’s workers compensation exclusivity provision. However, there may be other reasons why the plaintiff’s maritime law claims are barred (by other LHWCA provisions or by falling outside admiralty jurisdiction for instance.