CHURCHILL v. PERINI NORTH RIVER ASSOCIATES

No. 1429, Docket 80-4250.

652 F.2d 255 (1981)

Raymond CHURCHILL, Petitioner, v. PERINI NORTH RIVER ASSOCIATES and Hartford Accident & Indemnity Company, Respondents, and Benefits Review Board, U. S. Department of Labor, Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent.

United States Court of Appeals, Second Circuit.

Decided June 17, 1981.


Attorney(s) appearing for the Case

David MacRae Wagner, New City, N. Y. (Freedman, Wray, Wagner, Tabakman & Weiss, New City, N. Y., of counsel), for petitioner.

Mark C. Walters, U. S. Dept. of Labor, Washington, D. C. (T. Timothy Ryan, Jr., Sol. of Labor, Cornelius S. Donoghue, Jr., Acting Associate Sol. of Labor, Washington, D. C., of counsel), for respondent Director of Compensation.

Martin Krutzel, New York City (Fischer Brothers, New York City, William F. Fischer, Jr., New York City, of counsel, Richard A. Cooper, New York City, on brief), for respondents Perini Associates and Hartford Accident & Indemnity Co.

Before MESKILL and KEARSE, Circuit Judges, and LASKER, District Judge.


PER CURIAM:

This case presents a clear, if not easy, issue: was the claimant engaged in "maritime employment" within the "status requirement" of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 902(3) (LHWCA).1 The answer to this question depends on whether Sun Ship, Inc. v. Pennsylvania, 447 U.S. 715, 100 S.Ct. 2432, 65 L.Ed.2d 458 (1980), has implicitly reversed the decision...

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