Read Peru v. Sharpshooter Spectrum Venture LLC, 05-75337

In determining whether the section 902(3)(B) exclusion to benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA) applies, a court must look not only at the nature of a claimant's employer but also at the nature of the claimant's particular workplace and duties. In the case at hand involving an employee of a company that shoots, processes, and sells photographs to tourists on a historic naval ship, a decision denying her coverage under the LHWCA is remanded for further proceedings where: 1) although she fell within the scope of the "retail outlet" exclusion at section 902(3)(B); nevertheless, 2) a remand was required to determine whether petitioner is covered by Hawaii's state workers' compensation law.

Appellate Information

• Argued 11/13/2006
• Submitted 11/13/2006
• Decided 06/27/2007
• Published 06/27/2007

Judges

• WILLIAM A. FLETCHER, Circuit Judge:, Before:  STEPHEN S. TROTT, KIM McLANE WARDLAW, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jay Lawrence Friedheim, Honolulu, HI, Joshua T. Gillelan, II, Longshore Claimants' National Law Center, Washington, DC, for the petitioner.


• For Appellees:
  
• Michael Formby and Michael J. Nakano, Frame Formby and O'Kane, Honolulu, HI, for respondent Sharpshooter Spectrum Venture., Thomas Shepard, Benefits Review Board, Washington, DC, Carol DeDeo, Mark A. Reinhalter, Barry H. Joyner, Michael Niss, United States Department of Labor, Office of the Solicitor, Washington, DC, for the respondent.