Randall Ex Rel. Estate of Randall v. Chevron U.S.A., Inc.
13 F.3d 888, 1994 A.M.C. 1217, 1994 U.S. App. LEXIS 2427 (1994)
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Rule of Law:
Under the Longshore and Harbor Workers' Compensation Act (LHWCA), a worker whose employment is primarily land-based (such as on a fixed offshore platform) satisfies the 'status' test for coverage if they are injured while transiently or fortuitously upon actual navigable waters in the course of their employment.
Facts:
- Chevron, U.S.A., Inc. employed Theodore F. Randall as a mechanic on its fixed platforms in the Gulf of Mexico.
- Chevron entered into a time charter with Sea Savage, Inc. for the use of the M/V SEA SAVAGE to service its platforms.
- On July 31, 1989, a tropical storm was approaching the area, and Chevron's operations manager ordered a mandatory evacuation of the oil field.
- A Chevron foreman directed the SEA SAVAGE, commanded by Captain Dalton Parker, to proceed to the P-1 platform to assist with the evacuation.
- At the platform, the seas were six to eight feet high with winds of approximately 35 miles per hour.
- Randall attempted a swing rope transfer from the platform to the deck of the SEA SAVAGE.
- After landing on the vessel, a swell caused the rope to go slack and then taut, pulling Randall from the deck and into the water.
- Randall clung to a platform leg for approximately 25 minutes in the rough seas before he lost his grip, fell back into the water, and drowned.
Procedural Posture:
- Barbara Randall, on behalf of herself, her husband's estate, and their children, sued Chevron and Sea Savage in the U.S. District Court for the Eastern District of Louisiana.
- Sea Savage filed a complaint for exoneration from or limitation of liability, which was consolidated with the Randall lawsuit.
- Chevron filed a cross-claim against Sea Savage for indemnity and a third-party complaint against Sea Savage's underwriters.
- On summary judgment, the district court dismissed the plaintiffs' Jones Act claims but not the general maritime claims.
- The district court then found that Randall was a longshoreman covered by the LHWCA.
- Following a bench trial, the district court found Sea Savage 75% liable and Chevron 25% liable.
- The district court awarded damages for wrongful death and survival to the plaintiffs and ruled that Chevron was entitled to contractual indemnity from Sea Savage and insurance coverage from the underwriters.
- Sea Savage and Chevron appealed the district court's judgment to the U.S. Court of Appeals for the Fifth Circuit.
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Issue:
Does a worker, whose employment is based on a fixed offshore platform, satisfy the 'maritime employment' status test under the Longshore and Harbor Workers’ Compensation Act (LHWCA) when he is injured upon actual navigable waters while in transit from the platform during a work-related evacuation?
Opinions:
Majority - King, J.
Yes. A worker injured upon actual navigable waters in the course of his employment is engaged in maritime employment and satisfies the LHWCA's status test, even if his presence on the water is transient. The court is bound by Fifth Circuit precedent in Fontenot v. AWI, Inc., which held that the occurrence of an injury on actual navigable waters is sufficient to satisfy the status requirement. This precedent resolved the question left open by the Supreme Court in Director, OWC v. Perini and Herb's Welding, Inc. v. Gray regarding workers transiently upon navigable waters. Therefore, because Randall was injured on the navigable waters of the Gulf of Mexico during a work-related evacuation, he was a covered employee under the LHWCA.
Concurring-in-part-and-dissenting-in-part - Parker, D.J.
I concur with the majority's legal analysis but dissent from its decision to reduce the pain and suffering damages. The district court's award of $1,000,000 for pain and suffering was not clearly erroneous and falls within the bounds of reasonable compensation given the circumstances of the death. Therefore, the award should not have been reduced by remittitur.
Analysis:
This decision solidifies the Fifth Circuit's expansive interpretation of the LHWCA's 'status' requirement for workers injured on navigable waters. It confirms that land-based workers, such as those on fixed platforms, can gain LHWCA coverage if their injury occurs on water during their employment, resolving a key question left open by the Supreme Court. This ruling creates a notable circuit split with the Eleventh Circuit's more restrictive view, increasing potential liability for maritime employers for a broader class of workers who are only briefly on vessels as part of their job duties.
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