Arthur Martinez v. Signature Seafoods Inc Lucky Buck F/v, Official 567411, Her MacHinery Appurtenances, Equipment and Cargo, in Rem
Opinion
Opinion
Hall, J.
This case requires us to determine whether triable issues of fact exist as to whether a seaworthy fish processing barge that is towed across navigable waters twice a year can qualify as a “vessel in navigation” for certain purposes of the Jones Act, 46 U.S.C. § 688 . We hold that they do, reverse the district court, and remand for further proceedings.
BACKGROUND
On July 8, 1997, defendant Signature Seafoods, Inc. (“Signature Seafoods”) hired plaintiff Arthur Martinez to work as a fish processor in a processing plant aboard the barge known as the Lucky Buck. During the period of his employment with Signature Seafoods, Martinez lived aboard another barge, the Speedwell, that was tied to the Lucky Buck.
In the course of his employment, Martinez developed pain in his hands, and was diagnosed with carpal tunnel syndrome. He was sent back home to Seattle, Washington. After disputes with the Alaska Department of Labor regarding his entitlement to benefits under both the Jones Act and Alaska’s workers compensation system, Martinez filed this personal injury suit in district court, raising claims under the Jones Act and the federal maritime doctrine of…