Garofalo

This case presents a novel issue arising from the intersection of the Death on the High Seas Act (DOHSA), 46 United States Code appendix section 761 et seq., and the California workers’ compensation law. The question is whether DOHSA preempts an employer’s state law claim in a subrogation action to recover from a third party tortfeasor sums the employer was obligated to pay for an employee’s injury. We hold that it does. We also hold that California courts have concurrent jurisdiction over DOHSA claims.

Factual and Procedural Background

Appellant and plaintiff in intervention Southern California Permanente Medical Group (Kaiser) employed Jackie Garofalo. In the course of her employment with Kaiser, Ms. Garofalo suffered injuries that aggravated her preexisting respiratory ailments. As a result, a workers’ compensation proceeding rated Ms. Garofalo 100 percent disabled. A workers’ compensation award required Kaiser to provide lifetime medical care for Ms. Garofalo.

In September 1992, Ms. Garofalo and her husband Frank Garofalo went on a cruise on the ship Sky Princess, operated by defendant and respondent Princess Cruises, Inc. (Princess). During the cruise, while the…