Handcor, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and John R. Kelley

The scope of coverage of the Longshoremen’s and Harbor Workers’ Compensation Act (Act), 33 U.S.C. § 901 et seq. (1970 & Supp. V 1975), is the sole issue raised by this appeal. Northeast Marine Terminal Co. v. Caputo, 432 U.S. 249 , 97 S.Ct. 2348 , 53 L.Ed.2d 320 (1977), is dispositive.

At the time of his injury, Kelley, the claimant, was employed by Handcor, Inc. as a member of a “stuffing” gang in a warehouse at the Port of Portland, Oregon. A stuffing gang loads cargo into the containers used in containerized shipping. The warehouse where the injury occurred is located at Berth No. 205 of Terminal No. 2 of the Port of Portland, approximately fifty to sixty feet from the water’s edge. Kelley’s job was to load sacks into the bin of a forklift truck in the warehouse. When loaded, the truck was driven by another member of the gang onto the wharf and the sacks were mechanically pushed into a container. The containers were then loaded aboard a vessel by workers who were not employees of Handcor. Kelley was injured while loading a 100-pound sack into the bin of a forklift truck.

Kelley filed a claim under the Act. An administrative law judge awarded compensation and the Benefits…