Jon Heise v. The Fishing Company of Alaska, Inc., a Washington Corporation Alaskan Ranger, Her Engines, Tackle, Gear, Equipment, and Appurtenances

Jon Heise appeals from the district court’s grant of summary judgment to the Fishing Company of Alaska (FCA). The district court held (1) that Heise was not a seaman and therefore not entitled to remedies available under the Jones Act and (2) that the Longshore and Harbor Workers’ Compensation Act (LHWCA) barred his suit for negligence against FCA. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

FACTUAL BACKGROUND

FCA owns and operates several fishing vessels, including the Alaska Ranger. In November 1989, the Alaska Ranger completed its work for the fishing season and put in at Seward, Alaska for repairs and annual maintenance. Most crew members departed, though some officers, engineers and supervisors remained to conduct the repairs and maintenance together with temporary work ers and specialist contractors. The repairs were to include rebuilding the main engines, which had been damaged by water in the fuel, and rewelding a crack in the fuel tank.

FCA’s personnel manager hired Heise as a temporary laborer, assigned to the category of “assistant engineer” to be paid $15 per hour. Heise, who had never previously worked on a seagoing vessel, did not complete an…