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HARBOR TUG & BARGE CO. v. PAPAI

No. 95-1621.

520 U.S. 548 (1997)

117 S.Ct. 1535

137 L.Ed.2d 800

HARBOR TUG & BARGE CO. v. PAPAI et ux.

Supreme Court of United States.

Decided May 12, 1997.

Attorney(s) appearing for the Case

Eric Danoff argued the cause for petitioner. With him on the briefs was Richard K. Willard.

Thomas J. Boyle argued the cause and filed a brief for respondents.

David C. Frederick argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Dellinger, Deputy Solicitor General Kneedler, J. Davitt McAteer, Allen H. Feldman, Nathaniel I. Spiller, and Mark S. Flynn.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Souter, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined, p. 560.

Justice Kennedy, delivered the opinion of the Court.

Adjudication to determine whether a maritime employee is a seaman under the Jones Act, 46 U. S. C. App. § 688(a), or a maritime employee covered by the Longshore and Harbor Workers' Compensation Act (LHWCA), 44 Stat. (pt. 2) 1424, as amended, 33 U. S. C. § 901 et seq., continues to be of concern in our system. The distinction between the two mutually exclusive categories can be difficult to implement...

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