Seide

The nondependent parent of a deceased employee covered by the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) may not recover wrongful death tort damages from the employer.

Plaintiff Esther Seide appeals the dismissal of her wrongful death action brought against defendant Bethlehem Steel Corporation. The judgment of dismissal was entered after the court sustained defendant’s demurrer to plaintiff’s first amended complaint and plaintiff did not file a second amended complaint within the required period of time. (Code Civ. Proc., § 581, subd. (c), former Code Civ. Proc., § 581, subd. (3).) On appeal, plaintiff contends that judgment should be reversed because her cause of action is not barred by either the LHWCA ( 33 U.S.C. § 901 et seq.) or Labor Code section 3600 et seq. We affirm.

On September 4, 1980, Laurence Ira Seide, plaintiff’s son, was fatally injured on the S. S. Charles Lykes, an 18-ton vessel then berthed in San Francisco Bay beside a pier at defendant’s shipyard. Seide, who had been employed by defendant to perform repair work on the S. S. Charles Lykes, was run over by defendant’s forklift operated by another employee. At all relevant times,…