Sea-Land Services, Inc., and Travelers Insurance Company v. Director, Office of Workers' Compensation Programs, and Haym Ganish, Real Party

Sea-Land Services petitions for review of the Benefits Review Board’s order affirming the Administrative Law Judge’s conclusion that Haym Ganish was covered by the Longshoremen’s and Harbor Workers’ Compensation Act and entitled to benefits for two work-related injuries.

Sea-Land operates a containerized shipping business from its cargo terminal at Long Beach, California. Sea-Land’s terminal compound includes a staging area where longshoremen load and unload ships and truck chassis, a yard where containers are parked, and a shop where mechanized equipment used at the terminal is maintained and repaired.

Ganish is employed primarily as a “diesel” or “power” mechanic to maintain and repair two-axle trailers, called “switchers,” used to move cargo and containers within the terminal area, three-axle tractor trucks used to transport cargo over public highways, forklifts used to load and unload cargo, and pickup trucks used to transport workers and tools around the terminal area. In addition, Ganish occasionally inspected land-bound containers for defects that might affect road safety, and checked sea-bound containers for theft, damage, and the temperature of refrigerated containers.…