The Federal Longshore And Harbor Workers' Compensation Act, 33 U.S.C.S. §§ 901-950, Preempted A State Negligence Claim For Damages By A Longshoreman Against A Co-Employee For An Injury That Occurred Where There Was Concurrent State And Federal Jurisdict
CHRISTOPHER HILL v. DANIEL KNAPP COURT OF APPEALS OF MARYLAND
2007 Md. LEXIS 11
January 16, 2007, Filed
PROCEDURAL POSTURE: Appellant, a dock worker, was granted certiorari to challenge the judgment of the Circuit Court for Baltimore City (Maryland), which granted summary judgment in favor of appellee, a forklift operator. The dock worker had brought a negligence suit against the forklift operator.
OVERVIEW: While performing his work, the dock worker was struck by a load of plywood dropped on him by the forklift operated by the forklift operator. The dock worker was a borrowed servant of the employer, and the forklift operator was an employee of the employer. Thus, the two were co-employees. The dock worker sought compensation and medical expenses under the Maryland Workers' Compensation Act and obtained such benefits. The dock worker was advised he was eligible for compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C.S. §§ 901-950, but never applied for such benefits. The court agreed with the lower court that the LHWCA preempted a state tort claim for damages against a co-employee in the twilight zone, namely when there existed concurrent state and federal jurisdiction. The court examined the legislative history of the LHWCA and considered the Supremacy Clause of the United States Constitution in making its determination.
OUTCOME: The court affirmed the judgment of the trial court.
