Sam I. George v. Director, Office of Workers Compensation Programs Lucas Marine Construction

86 F.3d 1162 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sam I. GEORGE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; Lucas Marine Construction, Respondents. No. 94-70660. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 16, 1996. Decided May 30, 1996. Before: SCHROEDER, D.W. NELSON and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Substantial evidence supported the Board's finding that the American River, at the site of the accident, wasn't navigable for purposes of the Longshore Harbor Workers' Compensation Act. As the Board properly explained, the test for navigability under 33 U.S.C. § 903 (a) is whether the waters are now navigable in fact, that is to say actually susceptible to commercial navigation. Bd. Decision at 5; Adams v. Montana Power Co., 528 F.2d 437, 439 (9th Cir.1975); see also The Robert W. Parsons, 191 U.S. 17, 25-26 (1903) (affirming navigability in fact test and rejecting influence of tides test).…