Lorimer
Lorimer v. Great Lakes Dredge & Dock Co.
Opinion
Lead Opinion
*295 MEMORANDUM **
Petition for Review of an Order of the Benefits Review Board
An Administrative Law Judge (“ALJ”) awarded Gerald Lorimer benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. §§ 901-950 . The Benefits Review Board (“BRB”) reversed this award on appeal, holding that Lorimer was not entitled benefits under the LHWCA by virtue of his status as a seaman. See 33 U.S.C. § 902 (3)(G) (excluding from LHWCA coverage any “master or member of a crew,” a phrase synonymous with “seaman” under the Supreme Court’s decision in McDer-mott International, Inc. v. Wilander, 498 U.S. 337, 355-56 , 111 S.Ct. 807 , 112 L.Ed.2d 866 (1991)). Subsequently, Lor-imer filed a petition for review of the BRB’s decision. We have jurisdiction pursuant to 33 U.S.C. § 921 (c), and we deny the petition. As the parties are familiar with the factual and procedural history of this case, we do not recount it here except as is necessary to explain our decision.
A seaman is any worker who faces “regular exposure to the perils of the sea.” Harbor Tug & Barge Co. v. Papai, 520 U.S. 548, 560 , 117 S.Ct. 1535 , 137 L.Ed.2d 800 (1997). A worker faces regular exposure to the…