Iowa Workers' Compensation Commission has jurisdiction over maritime work in marina consisting of routine maintenance.
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Iowa Workers' Compensation Commission has jurisdiction over maritime work in marina consisting of routine maintenance. The manager of a marina along the Mississippi river tried to remove a canopy by using the bucket and boom of an excavator. In order to reach the canopy, the manager began driving the excavator down two boat ramps and onto a barge. Before he could get the excavator onto the barge, the ramps slipped, the machine fell into the water, and the manager drowned. His surviving spouse filed a petition for death benefits with the Iowa Workers Compensation Commissioner. The employer answered arguing that the federal Longshore and Harbor Workers' Compensation Act (LHWCA) covered the death. The critical question was whether the manager was an employee under the statute, which is defined as "any person engaged in maritime employment . . . but does not include . . . individuals employed by a marina and who are not engaged in construction, replacement or expansion of such marina (except for routine maintenance)." Because the manager's work was considered to be routine maintenance, the LHWCA did not apply, and the Iowa Workers' Compensation Commission had proper jurisdiction.
No. 10-1237. [1-095] BLUFF HARBOR MARINA v. WUNNENBERG
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