UPDATE: Fifth Circuit Court of Appeals Questions Test for Seaman's Status
Back in August, we published an alert regarding a recent decision from the U.S. Court of Appeals for the 5th Circuit concerning the test for seaman’s status. The case, Gilbert Sanchez v. Smart Fabricators of Texas, LLC, involved a land-based welder who worked aboard a jack-up drilling rig next to an inland pier and who the district court determined was not a seaman. On appeal, the 5th Circuit held that Sanchez was a seaman based on precedent within the circuit.
Significantly, in the concurring opinion, Circuit Judge Eugene Davis stated that the 5th Circuit’s precedent did not correctly apply the U.S. Supreme Court’s authority. He urged the court to rehear the case en banc to clarify inconsistencies between 5th Circuit precedent and that of the Supreme Court. On Oct. 30, the 5th Circuit ordered that this case will be reheard by the court en banc with oral argument.
This case will prove to be significant, as it appears seaman status will likely be limited to individuals that are exposed to the perils of sea by regularly working aboard vessels that sail.
We will continue to provide updates on this case. Please contact any member of Phelps’ Marine and Energy team if you have questions or need compliance advice and guidance.