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Jones Act Seaman

Diver Down!!! An Exception to the General Test for Seaman Status?

By James P. Nader & Joseph A. Poblick Once again we take that familiar voyage know as "determining seaman status." No matter how familiar the voyage there are always changes in the currents which guide your path. Seaman status is important because only a seaman may receive maintenance and cure, and pursue a claim for Jones Act negligence or unseaworthiness. The basic requirements for seaman status are well established in maritime law. In order to qualify as a seaman under the Jones Act, a person's employment duties must contribute to the mission of the vessel and be connected to an identifiable group of vessels in navigation. The United States Supreme Court has held that seaman status should be determined by the specific facts of each case. The totality of the circumstances surrounding the employee's employment must be considered in determining whether his duties had sufficient relation to the mission of the vessel and exposure to the perils of the sea. Additionally, it is typically the jury who has the responsibility to determine seaman status, and only in rare circumstances is that responsibility left up to the judge. Because juries typically decide the question of seaman status, who qualifies, it is often difficult to predict. The "diver's exception" is an example of the expansion of workers that qualify for Jones Act status


Ship Owner May Sue Injured Seaman

The U.S. Court of Appeals for the Fifth Circuit ruled that a ship owner may assert a negligence and indemnity claim against its seaman-employee for property damage allegedly caused by the seaman’s negligence. In the instant case, plaintiff mate was injured when his ship collided with another ship. Plaintiff was on watch and in command of the ship at the time and allegedly left the wheelhouse in congested waters to attend to personal business


Moored Cleaning Barge is Vessel for Purposes of Jones Act

Over a vigorous dissent, the U.S. Court of Appeals for the Eighth Circuit ruled that a moored cleaning barge is a vessel for purposes of the Jones Act. In the instant case, plaintiff barge cleaner was injured while being ferried from shore to his work site on a moored cleaning barge. The barge was secured in position in the Missouri River by spud poles embedded in the river bottom. The barge was relocated on occasion by being towed


Ruling on Permanently Moored Dockside Casino

The U.S. Court of Appeals for the Seventh Circuit ruled that, for purposes of the Jones Act, a permanently moored dockside casino is not a vessel in navigation and its employees are not seamen entitled to protection under the Act. In the instant case, the casino vessel was documented and inspected by the U.S. Coast Guard, but only got underway once each year for engine and maneuvering tests. The court held that the vessel was not engaged in the transportation of passengers or cargo and was


Settling With An Unrepresented Seaman Making The Settlement Stick

Unfortunately, personal injury claims brought by seamen against vessel owners are part of everyday life in running a boat company.  As such, vessel owners have become very sophisticated in the management of these claims.  As the cost of litigating these matters is very high, often, the claim's handler will attempt to settle a seaman's personal injury claim prior to his retention of counsel and filing suit.  In most cases, this is a win-win for both the employee and the company


U.S. Navy Opposes Repeal of Jones Act

The news that the U.S. Navy and the U.S. Navy League support the Jones Act and oppose its repeal was applauded by Maritime Cabotage Task Force (MCTF), the national coalition representing the U.S.-flag fleet engaged in domestic waterborne commerce. Both organizations dedicated to the defense of the United States have reaffirmed their support for the law, which is directly responsible for half a million U.S. jobs and vital to national security. 


OMSA - Jones Act Compliance Manager

The national trade association that is the voice for the U.S. flag workboat industry has taken the unusual step of hiring an experienced investigator to collect evidence on foreign vessels that violate the U.S. law known as the Jones Act. The Offshore Marine Service Association (OMSA) has created a new position – Manager of Jones Act Compliance – to ensure compliance with the laws requiring that vessels involved in domestic transportation be owned by Americans


Obama Supports the Jones Act

A campaign pledge of support for the Jones Act has earned President Barack Obama the cover spot on the 2008 Annual Report of the Maritime Cabotage Task Force, a Washington, D.C.-based coalition promoting the domestic U.S.- Flag fleet. In August 2008, then candidate Obama declared “America needs a strong and vibrant U.S.-flag Merchant Marine … That is why you … can continue to count on me to support the Jones Act….”


Grill Retires, Maritime Cabotage Task Force

Grill_web.jpg

The Maritime Cabotage Task Force (MCTF) is thanking its retiring Chairman, Philip M. Grill, for his 14 years of leadership of the labor/management coalition that promotes the Jones Act and other U.S. maritime cabotage laws in Washington. Grill, who is retiring as Vice President – Government Relations for Matson Navigation Company, Inc., on July 31, has chaired MCTF since its founding in September 1995. Under his leadership


Nat’l Commission Says: Jones Act No Hinderance to Spill Clean Up

The January 11, 2011 report from the non-partisan National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling confirmed the Jones Act did not prevent foreign vessels from assisting with the clean-up effort during the Deep Water Horizon oil spill in the Gulf of Mexico last year.  “Deep Water: The Gulf Oil Disaster and the Future of Offshore Drilling” was prepared by the independent entity at the request of President Barack Obama.  


IMCA Reiterates CBP Proposal Opinion

Allen Leatt, CEO International Marine Contractors Association (IMCA)

IMCA stands behind its opinion that CBP implementation of its proposal will severely damage business in the US Gulf of Mexico.   Quote from Allen Leatt, CEO, The International Marine Contractors Association (IMCA) in response to report at marinelink


Warship Open Day in Cairns

HMAS Parramatta fires its 5 inch gun onto Lancelin Range as part of a naval gunfire support serial during Exercise Ocean Explorer 17. Photo: Royal Australian Navy

 The people of Cairns will have a rare opportunity to tour HMAS Parramatta comes alongside Trinity Wharf and opens its gangway to the public on Monday, 17 April, says a press release of Royal Australian Navy.   One of the sailors who will be on board to show people around is former


Australian Naval Apprentices Excel

NUSHIP Hobart conducts sea trials in the Gulf St Vincent off the coast of Adelaide South Australia. Photo: Royal Australian Navy

 Royal Australian Navy apprentices have been working directly with industry in Adelaide, building on their initial trade training, and at the same time becoming part the next phase of naval warfare from the ground up.   The Air Warfare Destroyer Alliance shipyard has provided a hand-on


Op/Ed: CBP’S Lawful Jones Act Revocation

© currahee_shutter / Adobe Stock

In 2009, the U.S. offshore marine sector received a long over-due indication that the U.S. Customs and Border Patrol (CBP) was preparing to close loopholes and enforce U.S. law in accordance with the Jones Act. This happened when the agency unhesitatingly issued its first revocation of more than


Op/Ed: Opportunities for US Shipyards in 2017 and Beyond

Matthew Paxton (Photo: SCA)

SCA’s Matt Paxton weighs in on the state of domestic shipbuilding – workboat building & everything in between.   As President of the Shipbuilders Council of America, the national trade association representing the U.S. shipyard industrial base


Asbestos on Board

File photo: Workers clean the interior of a cargo hold aboard the LST-1166. (U.S. Coast Guard photo/Pacific Strike Team)

What happens when a solution to one or many obstacles ends up becoming an even larger problem? For seamen, one such problem is asbestos.    Asbestos is a natural fiber that was mined for use in construction and household products


US Tanker Liberty Sails for Sea Trials

Liberty (Photo: NASSCO)

U.S. shipbuilder General Dynamics NASSCO said it has sent the newly built Jones Act tanker Liberty to sea for testing and trials.   The 610-foot-long Liberty set sail for the first time on Monday, February 20 to undergo sea trials before delivery later this year.  


NASSCO Delivers Final Tanker for SEA-Vista

Liberty (Photo: General Dynamics NASSCO)

U.S. shipbuilder General Dynamics NASSCO has delivered the third and final ship for SEA-Vista LLC as part of the builder’s larger eight-ship ECO Class tanker program.    The LNG-conversion-ready Jones Act tanker Liberty was delivered on March 1


Australian Navy Invests in Vests

Leading Seaman Boatswains Mate Kerin Young (front) displays the Boarding Life Jacket Load Bearing on the Rigid Hull Inflatable Boat with Able Seaman Boatswains Mate Jarryd Parsons at the Australian International Airshow at Avalon. Photo: Royal Australian Navy

 Sailors at the Australian International Airshow at Avalon have had a very small but very important piece of kit to show the public.   The item officially known in Royal Australian Navy parlance as the 'Boarding Life Jacket Load Bearing'


Australian Navy Communications Sailors Excel on Operations

Photo: Royal Australian Navy

 Being used to the challenges of ship-borne communications has been an asset to delivering flexible and capable communications networks ashore as Australian Navy sailors are finding in the Middle East.   On her first deployment to the  region Able Seaman Communication and


Warfighting Women Winning at Sea

Seaman Boatswains Mate Paige Powers makes a new heaving line on the Gun Direction Platform of HMAS Parramatta, during Exercise Ocean Explorer 17, off the coast of Western Australia. Photo: Royal Australian Navy.

 Sailing on the Indian Ocean off the coast of Western Australia in a Royal Australian Navy frigate is just another day in the life of Seaman Boatswain's Mate Paige Powers.   After completing her initial recruit training at HMAS Cerberus in Westernport, Victoria


Fast-Track to Operational Service

Photo: Royal Australian Navy

 Less than six months out of basic training, Seaman Maritime Logistics - Personnel Operations Jasmine Lortan is already on the front line of a multi-national operation to counter terrorism and promote maritime security in the Middle East.   


Junior Sailors Master Amphibious Watercraft

A LHD Landing Craft from HMAS Adelaide lowers its bow door to recover an inflatable boat during amphibious operations conducted in Jervis Bay, NSW. Photo: Royal Australian Navy

Australia's amphibious ships are driving responsibility and challenges to all levels of the crew, with leading seamen taking 'commanding' roles on the new landing craft.   Leading Seaman Boatswains Mate Edward Holcombe is one of those sailors


OMSA: CBP Revocation Notice Boosts U.S. Jobs

Aaron Smith, President & CEO, OMSA

OMSA says CBP Action Prevents Foreign Companies from Taking Advantage of U.S. Law.   The Offshore Marine Service Association (OMSA) today issued the following statement in response to erroneous claims and misguided research released by API and companies backing foreign workers.


Oil Firm Penalized by DOJ for Jones Act Violation

DOJ.jpg

Alaska Oil Company Agrees to Pay $10 Million in Penalties to Settle Federal Claims for Violating the Jones Act.   Acting U.S. Attorney Bryan Schroder announced today that Furie Operating Alaska LLC (“Furie”), a company whose focus is exploration and production of natural gas and






 
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