Otto Dorris v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor

Otto Dorris appeals the decision of the Benefits Review Board (Board) that affirmed the order of the Administrative Law Judge (AU) denying his claim for workers’ compensation benefits under the Long-shore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901-950 (1982). At issue is the delineation between non-maritime trucking and maritime long-shoring employment for the purpose of coverage under the LHWCA.

I.

FACTUAL BACKGROUND

On October 21, 1980, the claimant, Otto Dorris, was injured when he slipped and fell while stepping down from the cab of his truck to the dock at Long Beach, California. Dorris was employed by California Cartage Co. (Cartage Co.) as a truck driver. Cartage Co. is a trucking company and a large portion of its business consists of transporting cargo in and out of the Los Angeles and Long Beach harbors. Dorris spent approximately 75 percent of his working time trucking to and from the harbor area. In addition to driving his truck to and from the harbor, Dorris testified that he stuffed (loaded) and stripped (unloaded) containers, guided the crane operator in placing containers on the truck, and placed dunnage to stabilize the containers on his…