Harbor Tug & Barge Co. v. Papai, 520 U.S. 548, 8 (1997)

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Cite as: 520 U. S. 548 (1997)

Opinion of the Court

"The fundamental purpose of th[e] substantial connection requirement is to give full effect to the remedial scheme created by Congress and to separate the sea-based maritime employees who are entitled to Jones Act protection from those land-based workers who have only a transitory or sporadic connection with a vessel in navigation, and therefore whose employment does not regularly expose them to the perils of the sea." Ibid.

For the substantial connection requirement to serve its purpose, the inquiry into the nature of the employee's connection to the vessel must concentrate on whether the employee's duties take him to sea. This will give substance to the inquiry both as to the duration and nature of the employee's connection to the vessel and be helpful in distinguishing land-based from sea-based employees.

Papai argues, and the Court of Appeals majority held, that Papai meets Chandris' second test based on his employments with the various vessels he worked on through the IBU hiring hall in the 21/4 years before his injury, vessels owned, it appears, by three different employers not linked by any common ownership or control, App. 38. He also did longshoring work through the hiring hall, id., at 31, and it appears this was for still other employers, id., at 38. As noted above, Papai testified at his deposition that the majority of his work during this period was deckhand work. According to Papai, this satisfies Chandris because the group of vessels Papai worked on through the IBU hiring hall constitutes "an identifiable group of . . . vessels" to which he has a "substantial connection." 515 U. S., at 368.

The Court of Appeals for the Fifth Circuit was the first to hold that a worker could qualify as a seaman based on his connection to a group of vessels rather than a particular one. In Braniff v. Jackson Ave.-Gretna Ferry, Inc., 280 F. 2d 523 (1960), the court held the employer was not entitled to summary judgment on the seaman-status question where an

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