Director, Office of Workers' Compensation Programs v. Perini North River Associates: Judicial Dilution of the Longshoremen's and Harbor Workers' Compensation Act's 'Status' Requirement

Authors

Roberto L. Corrada, University of DenverFollow

Publication Date

Spring 1-1-1984

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

Director Office of Workers' Compensation Programs v. Perini North River Associates, Perini, Longshore and Harbor Workers' Compensation Act (LHWCA), United States Supreme Court, Navigable waters, Judicial review, Judicial legislation

Abstract

In Director, Office of Workers' Compensation Programs v. Perini North River Associates, the Supreme Court effectively deleted from the LHWCA the section 2(3) "status" requirement as it pertains to workers injured on actual navigable waters of the United States. The Court's generous view of the 1972 amendments will clearly result in more workers being able to recover benefits under the Act. At the same time, however, the Court's means of expanding the Act without relying on clear congressional intent disturbs traditional notions of judicial review and implies an attempt at judicial legislation.

Although the Court noted that it intended to express no opinion as to the status of those workers injured while "transiently or fortuitously" upon navigable waters, the broadness of the Court's decision in Perini virtually assures an exception from the "status" requirement for these workers as well. The Court's overly expansive view of the LHWCA controverts the plain meaning of the Act, and restricts Congress' attempt to apply a test of maritime status to all workers injured on the actual navigable waters of the United States.

Rights Holder

Roberto L. Corrada, Catholic University Law Review, National Insurance Law Review

File Format

application/pdf

Language

English (eng)

Extent

34 pgs

File Size

2 MB

Publication Statement

Copyright held by the author. User is responsible for all copyright compliance.

This article was originally published as Roberto L. Corrada, Director, Office of Workers' Compensation Programs v. Perini North River Associates: Judicial Dilution of the Longshoremen's and Harbor Workers' Compensation Act's "Status" Requirement , 33 Cath. U. L. Rev. 245 (1984).

Volume

33

First Page

245

Last Page

277

Recommended Citation

Roberto L. Corrada, Director, Office of Workers' Compensation Programs v. Perini North River Associates: Judicial Dilution of the Longshoremen's and Harbor Workers' Compensation Act's "Status" Requirement, 33 Cath. U. L. Rev. 245 (1984).