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原文传递 Fifth Circuit Tightens Test For Definition Of 'Seaman'

题名：	Fifth Circuit Tightens Test For Definition Of 'Seaman'
正文语种：	eng
作者：	DAVID MURRAY
摘要：	In a ruling closely watched by maritime interests, the full, 17-member United States Court of Appeals for the Fifth Circuit narrowed the tests for a determination of who counts as a "seaman" under the Jones Act. The Fifth Circuit had taken the case "en bane," meaning all 17 judges (plus a retired senior judge) took part to resolve some conflicts among existing cases and precedents concerning who qualified for Jones Act status. Maritime attorney Matt Moeller told The Waterways Journal, "The court's ruling will likely limit the universe of marine contractor personnel who qualify as Jones Act seamen, which could reduce potential Jones Act liability exposure for many vessel owners and operators." Vacating a prior ruling by its own three-judge panel, the Fifth Circuit ruled that a welder, Gilbert Sanchez, was not a seaman under the Jones Act after a careful review of a wider selection of previ- ous cases and rulings. The tightening of Jones Act status should provide greater clarity for employers, insurers and maritime attorneys. The case is Sanchez v. Smart Fabricators of Texas. Sanchez was injured when he tripped on a pipeline welded to the deck of an offshore platform. He sued his employer, Smart Fabricators of Texas, and claimed seaman status in order to pursue Jones Act remedies not available to non-seamen. Sanchez appealed after his initial state suit was removed to federal court. Jones Act cases generally can't be removed to federal court.
出版年：	2021
期刊名称：	The Waterways Jouranl
卷：	135
期：	7