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Boudloche v. Howard Trucking Co.

United States Court of Appeals for the Fifth Circuit
632 F.2d 1346 (1980)

Written by Daniel Clark, JD

Facts

Edgar Boudloche (plaintiff) was a truck driver employed by Howard Trucking Company, Inc. (Howard) (defendant). Most of Boudloche’s job involved transporting material from one land site to another. However, Howard also assigned Boudloche pickups and deliveries on unmanned docks. On those assignments, Boudloche had to load and unload equipment himself and, on occasion, board vessels to do so. Boudloche had to perform this longshoring work on approximately two or three assignments per week, which made up only a small fraction of his overall work. One assignment required Boudloche to use his winch to load small boats onto his truck by himself. One boat slipped and landed on Boudloche, crushing his pelvis. Boudloche applied for benefits under the Longshoremen’s and Harbor Workers’ Compensation Act. The administrative board that reviewed the claim rejected it. The board determined that Boudloche was not covered by the act because longshoring work did not constitute a substantial portion of his duties. Boudloche appealed.

Rule of Law

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Issue

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Holding and Reasoning (Clark, J.)

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