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Maher Terminals, Inc. v. Director, Office of Workers' Compensation Programs

330 F.3d 162 (2003)

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Maher Terminals, Inc. v. Director, Office of Workers’ Compensation Programs

United States Court of Appeals for the Third Circuit
330 F.3d 162 (2003)

AR

Facts

Vincent Riggio was employed by Maher Terminals, Inc. (Maher) (plaintiff) as both a checker and a delivery clerk. Checkers were covered under the Longshoremen’s and Harbor Workers’ Compensation Act, while delivery clerks were not. Riggio split his time evenly between these jobs. Riggio was injured when he fell off a chair while working as a delivery clerk in the office. Riggio made a claim under the act for his injuries with the Benefits Review Board (board), which the board granted. Maher appealed to the United States court of appeals to review the board’s decision. Maher claimed that Riggio’s injury was not covered by the act because he was working as an uncovered delivery clerk at the time of the accident. Riggio responded that he regularly engaged in covered maritime employment as a checker on the docks as part of his normal job.

Rule of Law

Issue

Holding and Reasoning (Becker, J.)

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Casebooks

Admiralty

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