Duong

In light of apparent inconsistent holdings by separate panels of the Workers’ Compensation Appeals Board, we issued certiorari to determine whether a land-based shipyard worker was correctly denied state workers’ compensation benefits for injuries incurred when making minor repairs on a commissioned vessel floating in federal navigable waters, but tied to a dock. We hold the injuries occurred while the worker was engaged in activities covered by both the federal and state acts, entitling him to receive state workers’ compensation benefits. Thus, we annul the decision of the Workers’ Compensation Appeals Board.

I

Hong Duong was employed by National Steel & Shipbuilding Company (NASSCO) as a welder. His current employment commenced January 1984, but he has intermittently worked for NASSCO since 1979, primarily repairing vessels in dry dock or on new ship construction. Petitioner’s latest assignments were on a commissioned ship in dry dock being cut in two and extended by welding in an additional portion. After this major reconstruction, the extended ship was then floated out of dry dock and tied to a pier for minor repairs. While the vessel was tied to the pier,…