Gary Chenevert was employed by GC Constructors (“GC”) as a crane operator. In May 2007, Chenevert fell and was injured while working on a barge with a mounted crane. At the time of Chenevert’s accident, Travelers provided coverage to GC for, among other things, its workers’ compensation exposure to injured longshore and harbor workers. Travelers provided no coverage for “bodily injury to a master or member of the crew of any vessel.” Between May 2007 and May 2010, Travelers voluntarily paid Chenevert a total of $277,728.72 in indemnity and medical benefits under the LHWCA.
In May 2010, Chenevert sued GC in federal court, alleging that he was working as a seaman at the time of his accident and seeking damages under the Jones Act for GC’s negligence. Based on Chenevert’s claim that he was a “seaman” (rather than a “longshoreman”), Travelers stopped making payments under the LHWCA. In November 2010, GC filed a notice of lien claiming that, in the event judgment is rendered in favor of Chenevert on his Jones Act claim, GC “has a lien against any funds due and payable to Travelers Insurance Company who is the insurer under the U.S. Longshore and Harbor Workers’ Compensation Act.”
Judge(s): James E. Graves, Jr.
Jurisdiction: U.S. Court of Appeals, Fifth Circuit
Related Categories: Damages , Employment , Insurance , Torts
|Circuit Court Judge(s)|
|James Graves, Jr.|
|Jaques Wiener, Jr.|