Hullinghorst Industries v. Carroll
United States Court of Appeals for the Fifth Circuit
650 F.2d 750 (1981)
- Written by Daniel Clark, JD
Facts
BASF Wyandotte Corporation (Wyandotte) owned and operated a port facility in Louisiana. Wyandotte contracted with Hullinghorst Industries, Inc. (Hullinghorst) (defendant) to provide Wyandotte with any scaffolding it might need at the facility. David Carroll (plaintiff) was a carpenter employed by Hullinghorst. Carroll injured his back while building a scaffold for Wyandotte on a pier on the Mississippi River. Carroll filed for benefits under the Longshoremen’s and Harbor Workers’ Compensation Act against Hullinghorst. Hullinghorst argued that it was not an employer covered by the act. An administrative-law judge found in favor of Hullinghorst. The benefits-review board reversed, finding that Hullinghorst was an employer for the purposes of the act, and remanded. The administrative-law judge then determined that Hullinghorst owed Carroll benefits. Hullinghorst sought review at the United States Court of Appeals for the Fifth Circuit.
Rule of Law
Issue
Holding and Reasoning (Tate, J.)
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