Sw. Marine, Inc. v. Gizoni, 502 U.S. 81 (1991). · Go Syfert
Sw. Marine, Inc. v. Gizoni, 502 U.S. 81 (1991). Cases Citing This Book View Copy Cite
Quick Summary

A ship repairman may seek remedies under the Jones Act if genuine issues of fact exist regarding whether their employment involves a connection to a vessel in navigation.

A ship repairman injured while working on a floating platform filed a Jones Act negligence claim after receiving benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The employer argued the LHWCA provided the exclusive remedy because the worker's occupation was enumerated under the Act. The Court holds that the LHWCA specifically excludes masters or members of a crew of any vessel. Because determining whether an employee is a member of a crew is a fact-specific inquiry, the worker's status as a seaman is a mixed question of law and fact that must be decided by a jury rather than determined by job title alone.

691 citation events (280 in the last 25 years) across 60 distinct courts.
Strongest positive: Darrell P. Harris v. Louis DeJoy, et al. (mdd, 2025-11-04)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Darrell P. Harris v. Louis DeJoy, et al.
D. Maryland · 2025 · quote attribution · 1 verbatim quote · confidence high
feca contains an 'unambiguous and comprehensive' provision barring any judicial review of the secretary of labor's determination of feca coverage.
discussed Cited as authority (verbatim quote) Palmer v. United States Postal Service
D. Colo. · 2025 · quote attribution · 1 verbatim quote · confidence high
the courts have no jurisdiction over ftca claims where the secretary determines that feca applies.
examined Cited as authority (verbatim quote) Gayla Dawn Weber v. United States
8th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
feca contains an 'unambiguous and comprehensive' provision barring any judicial review of the secretary of labor's determination of feca coverage. consequently, the courts have no jurisdiction over ftca claims where the secretary determines that feca applies.
discussed Cited as authority (verbatim quote) Diaz v. United States (2×) also: Cited as authority (rule)
D. Maryland · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
feca contains an unambiguous and comprehensive provision barring any judicial review of the secretary of labor's determination of feca coverage.
discussed Cited as authority (verbatim quote) Smith v. Veterans Affairs Harbor Healthcare System
S.D.N.Y. · 2021 · quote attribution · 1 verbatim quote · confidence high
feca contains an 'unambiguous and comprehensive' provision barring any judicial review of the secretary's determination of feca coverage.
discussed Cited as authority (verbatim quote) Smith v. Veterans Affairs Harbor Healthcare System
S.D.N.Y. · 2021 · quote attribution · 1 verbatim quote · confidence high
feca contains an 'unambiguous and comprehensive' provision barring any judicial review of the secretary's determination of feca coverage.
discussed Cited as authority (verbatim quote) COACHMAN v. IRS WORKER COMPENSATION BRANCH (2×) also: Cited as authority (rule)
S.D. Ind. · 2020 · quote attribution · 1 verbatim quote · confidence high
the courts have no jurisdiction . . . where the secretary of labor determines that feca applies.
examined Cited as authority (verbatim quote) Morehead v. Atkinson-Kiewit
1st Cir. · 1996 · signal: see · quote attribution · 1 verbatim quote · confidence high
by ___ ___ its terms the lhwca preserves the jones act remedy for vessel crewmen, even if they are employed by a shipyard. a maritime worker is limited to lhwca remedies only if no genuine issue of fact exists as to whether the worker was a seaman under the jones act.
examined Cited as authority (quoted) Estate of Pamela Kay Williams v. United States (3×)
N.D. Miss. · 2019 · quote attribution · 3 verbatim quotes · confidence low
feca contains an unambiguous and comprehensive provision barring any judicial review of the secretary of labor's determination of feca coverage.
examined Cited as authority (quoted) Gibbs v. United States (3×)
M.D. Fla. · 2012 · quote attribution · 3 verbatim quotes · confidence low
feca contains and 'unambiguous and comprehensive' provision barring any judicial review of the secretary's determination of feca coverage.
examined Cited as authority (quoted) Taylor v. United States (3×)
Fed. Cl. · 2010 · quote attribution · 3 verbatim quotes · confidence low
feca contains an 'unambiguous comprehensive' provision barring any judicial review of the seeretary's determination of feca coverage.
examined Cited as authority (quoted) Tippetts v. United States (3×)
10th Cir. · 2002 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the courts have no jurisdiction over ftca claims where the secretary of labor determines that feca applies.
examined Cited as authority (quoted) Eckert v. United States (3×)
S.D. Fla. · 2002 · signal: see · quote attribution · 3 verbatim quotes · confidence high
a maritime worker is limited to lhwca remedies only if no genuine issue of fact exists as to whether the worker "was a seaman under the jones act.
examined Cited as authority (quoted) Ann Farley Donna L. Rambo Cynthia Lee Shanklin v. United States (5×) also: Cited "see"
10th Cir. · 1998 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the courts have no jurisdiction over ftca. claims where ... feca applies.
examined Cited as authority (quoted) Avedis v. Herman (3×)
S.D.N.Y. · 1998 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
feca contains an 'unambiguous and comprehensive' provision barring any judicial review of the secretary's determination of feca coverage
examined Cited as authority (quoted) Foulk v. Donjon Marine Co. (3×)
D.N.J. · 1998 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it is by now 'universally accepted' that an employee who receives voluntary payments under the lhwca without a formal reward is not barred from subsequently seeking relief under the jones act
examined Cited as authority (quoted) Gipson v. Kajima Engineering & Construction, Inc. (3×)
C.D. Cal. · 1997 · quote attribution · 3 verbatim quotes · confidence low
gizoni ii
examined Cited as authority (quoted) James L. Roth v. U.S.S. Great Lakes Fleet, Inc., a Delaware Corporation (2×)
8th Cir. · 1994 · quote attribution · 2 verbatim quotes · confidence low
the key to seaman status is employment-related connection to a vessel in navigation.
discussed Cited as authority (rule) Strong v. Su
D.D.C. · 2025 · confidence medium
Cir. Oct. 3, 2019) (quoting 5 U.S.C. § 8128 (b)); Southwest Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991) (“FECA contains an unambiguous and comprehensive provision barring any judicial review of the Secretary of Labor’s determination of FECA coverage.” (internal quotation marks omitted)); see also Lepre v. Dep’t of Labor, 275 F.3d 59 , 72–74 (D.C.
discussed Cited as authority (rule) Allen v. United States Department of Labor Office of Worker's Compensation
W.D. Wash. · 2025 · confidence medium
Marine, Inc. v. 16 Gizoni, 502 U.S. 81, 90 (1991) (recognizing that courts “have no jurisdiction over FTCA claims 17 where the Secretary determines that FECA applies.”). 18 Here, Mr. Allen has failed to establish that this Court has jurisdiction over his claims 19 against the Secretary of Labor, and specifically, against OWCP.
cited Cited as authority (rule) Keirsey v. Newton
E.D. Mo. · 2025 · confidence medium
Marine v. Gizoni, 502 U.S. 81, 90 (1991).
discussed Cited as authority (rule) Kirby v. United States
D. Maryland · 2025 · confidence medium
July 26, 2023) (quoting Southwest Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991)) (“[F]ederal courts are left with ‘no jurisdiction over FTCA claims where the Secretary determines that FECA applies.’”); see also Metz v. United States, 723 F. Supp. 1133, 1137 (“Once an injury is found to fall within the coverage of FECA, its remedies are exclusive and no other claims can be entertained by the court.”).
discussed Cited as authority (rule) Keirsey v. Newton
E.D. Mo. · 2025 · confidence medium
Pourier v. United States, 138 F.3d 1267, 1267-68 (8th Cir. 1998) (citing, 5 U.S.C. §§ 8102 (a) and 8116(c)). “[C]ourts have no jurisdiction over FTCA claims where the Secretary determines that FECA applies,” Southwest Marine v. Gizoni, 502 U.S. 81, 90 (1991), even if no compensation is awarded.
discussed Cited as authority (rule) Jett v. U.S. Post Office
N.D. Cal. · 2024 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991) (“FECA contains an unambiguous and 18 comprehensive provision barring any judicial review of the Secretary of Labor’s determination of 19 FECA coverage” (citation and quotation marks omitted)). 20 The Court GRANTS Defendants’ motion to dismiss as to Plaintiff’s claim for violation of 21 FECA.
discussed Cited as authority (rule) Fox v. DeJoy
S.D. Ala. · 2024 · confidence medium
Ms. Fox’s 2022 injury claims are also barred by FECA’s exclusive remedy. “[] FECA contains an ‘unambiguous and comprehensive’ provision barring any judicial review of the Secretary of Labor’s determination of FECA coverage.” Southwest Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991) (quoting Lindahl v. Office of Pers.
discussed Cited as authority (rule) Eudaley v. Hopkins
E.D. Mo. · 2024 · confidence medium
“The FECA explicitly provides that it is the exclusive remedy for a federal employee injured on the job.” Griffin v. United States, 703 F.2d 321, 321 (8th Cir. 1983) (citing 5 U.S.C. § 8116 (c)). “[C]ourts have no jurisdiction over FTCA claims where the Secretary determines that FECA applies.” Southwest Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991).
cited Cited as authority (rule) Cooper v. Vigor Marine, LLC
D. Haw. · 2024 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 89 (1991).
cited Cited as authority (rule) Butt v. Williams
D. Maryland · 2023 · confidence medium
Gizoni, 502 U.S. 81, 91 (1991) (“FECA contains an ‘unambiguous and comprehensive’ provision barring any judicial review of the Secretary of Labor’s determination of FECA coverage. . . .
discussed Cited as authority (rule) Whitaker v. United State of America
D.D.C. · 2023 · confidence medium
Sept. 26, 2006) (finding that “the sole responsibility for deciding whether FECA applies lies with the Secretary of Labor[.]”) (citing Southwest Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991)), aff’d, 258 Fed.
cited Cited as authority (rule) Gonzalez-Tomasini v. Brennan
D.P.R. · 2022 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991)) (internal quotations omitted).
discussed Cited as authority (rule) Cui v. United States
E.D. La. · 2022 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1992)). 15 R.
cited Cited as authority (rule) Brunson-Malone v. United States
S.D.N.Y. · 2022 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991)); see also Wallace v. United States, 669 F.2d 947, 951 (4th Cir. 1982).
cited Cited as authority (rule) Halfacre v. United States
10th Cir. · 2021 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991).
discussed Cited as authority (rule) Bourke v. United States
N.D. Ill. · 2021 · confidence medium
Consequently, the courts have no jurisdiction over FTCA claims where the Secretary determines that FECA applies.” Fuqua, 956 F.3d at 964 (quoting Southwest Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991)).
cited Cited as authority (rule) Sanchez v. Smart Fabricators of TX
5th Cir. · 2021 · confidence medium
This is so because ‘[i]t is not the employee’s particular job that is determinative, but the employee’s connection to a vessel.” Gizoni, 502 U.S. at 492 (citations and footnote omitted).
cited Cited as authority (rule) Thomas v. Seabird Exploration Cyprus Ltd.
E.D. La. · 2020 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 89 (1991).
cited Cited as authority (rule) Osorio v. Wildner
E.D.N.Y · 2020 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991).
cited Cited as authority (rule) McKenney, Richard the Estate of v. United States
D. Utah · 2020 · confidence medium
Marine Inc. v. Gizoni, 502 U.S. 81, 90 (1991).
discussed Cited as authority (rule) Leonard Fuqua v. USPS
7th Cir. · 2020 · confidence medium
Consequently, the courts have no jurisdiction over FTCA claims where the Secretary determines that FECA applies.” Southwest Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991) (internal citations and quotation marks omitted).
discussed Cited as authority (rule) Leonard Fuqua v. USPS
7th Cir. · 2020 · confidence medium
Consequently, the courts have no jurisdiction over FTCA claims where the Secretary determines that FECA applies.” Southwest Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991) (internal citations and quotation marks omitted).
discussed Cited as authority (rule) Randall Spade v. United States
3rd Cir. · 2019 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991), and a court cannot entertain a claim if a “substantial question” exists over FECA’s coverage of that claim until the Secretary of Labor resolves FECA’s applicability, DiPippa v. United States, 687 F.2d 14, 16 (3d Cir. 1982).
discussed Cited as authority (rule) Manning v. McHugh
D.D.C. · 2019 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 90-91 (1991) (“[T]he courts have no jurisdiction over FTCA claims where the Secretary determines that FECA applies.” (internal quotation marks and alteration omitted)).
cited Cited as authority (rule) Kyle v. Brennan
N.D. Ill. · 2018 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1990) (quoting Lindahl v. Office of Pers.
discussed Cited as authority (rule) Barnes v. United States (2×)
D.D.C. · 2018 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991).
discussed Cited as authority (rule) Barnes v. United States (2×)
D.D.C. · 2018 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991).
examined Cited as authority (rule) Jeremy Gibson v. American Construction Company, Inc. (3×)
Wash. Ct. App. · 2017 · confidence medium
Gizoni, 502 U.S. at 91-92 (emphasis added) (citations omitted).
cited Cited as authority (rule) Renzi v. US DOL
D.N.H. · 2016 · confidence medium
As such, FECA unambiguously and comprehensively bars “any judicial review of the Secretary’s determination of FECA coverage.” Southwest Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991).
examined Cited as authority (rule) Polak v. Riverside Marine Construction, Inc. (5×) also: Cited "see"
D. Mass. · 2014 · confidence medium
Gizoni 502 U.S. at 91-92 , 112 S.Ct. at 493-94 (emphasis added) (internal citations omitted).
discussed Cited as authority (rule) ['SCOTT v. SOLIS']
D.D.C. · 2014 · confidence medium
This is “an unambiguous and comprehensive provision barring any judicial review of the Secretary of Labor's determination of FECA coverage.” Southwest Marine, Inc. v. Gizoni, 502 U.S. 81, 90 (1991) (internal quotation marks and citation omitted).
cited Cited as authority (rule) Jason Grab v. Boh Brothers Construction Co.
5th Cir. · 2013 · confidence medium
Marine, Inc. v. Gizoni, 502 U.S. 81, 89 (1991).2 This Court’s decision in In re Endeavor Marine also supports the conclusion that Kinchen is a seaman. 234 F.3d 287 .
Retrieving the full opinion text from the archive…
Southwest Marine, Inc.
v.
Gizoni
90-584.
Supreme Court of the United States.
Dec 4, 1991.
502 U.S. 81
1991 U.S. LEXIS 7061
George J. Tichy II argued the cause for petitioner. With him on the briefs were Roy D. Axelrod, James J. McMullen, Jr., Jacqueline P. McManus, and Lloyd A. Schwartz., Preston Easley argued the cause and filed briefs for respondent., Robert A. Long, Jr., argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Deputy Solicitor General Shapiro, Allen H. Feldman, Kerry L. Adams, and Deborah Greenfield.*
White, Thomas.
Cited by 223 opinions  |  Published
10 passages pin-cited by 10 cases
Pinpoint authority: #4,634 of 633,719
Citer courts: Tenth Circuit (6) · C.D. California (3) · M.D. Florida (3) · S.D. Florida (3) · N.D. Mississippi (3) · D. New Jersey (3) · S.D. New York (3)
Justice White

delivered the opinion of the Court.

The question presented is whether a maritime worker whose occupation is one of those enumerated in the Long-shore and Harbor Workers’ Compensation Act (LHWCA), 44 Stat. 1424, as amended, 33 U. S. C. §901 et seq., may yet be a “seaman” within the meaning of the Jones Act, 46 U. S. C. App. §688, and thus be entitled to bring suit under that statute.

I

Petitioner Southwest Marine, Inc., operates a ship repair facility in San Diego, California. In connection with its ship repair activities, Southwest Marine owns several floating platforms, including a pontoon barge, two float barges, a rail barge, a diver’s barge, and a crane barge. These platforms by themselves have no power, means of steering, navigation lights, navigation aids, or living facilities. They are moved about by tugboats, which position the platforms alongside vessels under repair at berths or in drydock at Southwest Marine’s shipyard or at the nearby naval station. The platforms are used to move equipment, materials, supplies, and vessel components around the shipyard and on to and off of[*84] the vessels under repair. Once in place, the platforms support ship repairmen engaged in their work.

Southwest Marine employed respondent Byron Gizoni as a rigging foreman. Gizoni worked on the floating platforms and rode them as they were towed into place. Gizoni occasionally served as a lookout and gave maneuvering signals to the tugboat operator when the platforms were moved. He also received lines passed to the platforms by the ships’ crews to secure the platforms to the vessels under repair. Gizoni suffered disabling leg and back injuries in a fall when his foot broke through a thin wooden sheet covering a hole in the deck of a platform being used to transport a rudder from the shipyard to a floating drydock.

Gizoni submitted a claim for, and received, medical and compensation benefits from Southwest Marine pursuant to the LHWCA. He later sued Southwest Marine under the Jones Act in the United States District Court for the Southern District of California, alleging that he was a seaman injured as a result of his employer’s negligence. Gizoni also pleaded causes of action for unseaworthiness and for maintenance and cure. App. IV-4, IV-5. In addition to the above facts, Gizoni alleged in his complaint that Southwest Marine’s floating platforms were “a group of vessels ... in navigable waters,” and that as a rigging foreman, he was “permanently assigned to said group of vessels.” Id., at IV-3.

The District Court granted Southwest Marine’s motion for summary judgment on two grounds. The District Court determined as a matter of law that Gizoni was not a Jones Act seaman, finding that Southwest Marine’s floating platforms were not “vessels in navigation,” and that Gizoni was on board to perform work as a ship repairman, not to “aid in navigation.” App. to Pet. for Cert. I — 1, 1-2. More important to our purposes here, the District Court further concluded that Gizoni was a harbor worker precluded from bringing his action by the exclusive remedy provisions of the LHWCA, 33 U. S. C. § 905(a). App. to Pet. for Cert. 1-2.

[*85] The United States Court of Appeals for the Ninth Circuit reversed the determination that Gizoni was not a seaman as a matter of law, 909 F. 2d 385, 387 (1990), holding that questions of fact existed as to seaman status, e. g., whether the floating platforms were vessels in navigation, whether Gi-zoni’s relationship to those platforms was permanent, and whether he aided in their navigation. Id., at 388. The Ninth Circuit also reversed the District Court’s determination that the exclusive remedy provisions of the LHWCA precluded Gizoni from pursuing his Jones Act claim. The court concluded that the LHWCA by its terms does not cover “a master or member of a crew of any vessel,” 33 U. S. C. § 902(3)(G), that this phrase is the equivalent of “seaman” under the Jones Act, and that the question of his seaman status should have been presented to a jury. 909 F. 2d, at 389. The Ninth Circuit thus rejected the notion that any employee whose work involved ship repair was necessarily restricted to remedy under the LHWCA, reasoning that coverage under the Jones Act or the LHWCA depended not on the claimant’s job title, but on the nature of the claimant’s work and the intent of Congress in enacting these statutes. Ibid.

We granted certiorari, 498 U. S. 1119 (1991), to resolve the conflict among the Circuits on this issue. [1] We now affirm the judgment of the Ninth Circuit.

[*86] II

The Jones Act and the LHWCA each provide a remedy to the injured maritime worker; however, each specifies different maritime workers to be within its reach. In relevant part, the Jones Act provides that "[a]ny seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply. . . ." 46 U. S. C. App. § 688(a). Under the LHWCA, the exclusiveness of liability provision in part states that the liability of an employer "shall be exclusive and in place of all other liability of such employer to the employee . . . ." 33 U. S. C. § 905(a). However, the term "employee," as defined in the LHWCA, [2] does not include "a[*87] master or member of a crew of any vessel.” §902(3)(G). The District Court was therefore plainly wrong in holding that, as a matter of law, the LHWCA provided the exclusive remedy for all harbor workers. That cannot be the case if the LHWCA and its exclusionary provision do not apply to a harbor worker who is also a “member of a crew of any vessel,” a phrase that is a “refinement” of the term “seaman” in the Jones Act. McDermott Int’l, Inc. v. Wilander, 498 U. S. 337, 349 (1991). [3]

The determination of who is a “member of a crew” is “better characterized as a mixed question of law and fact,” rather[*88] than as a pure question of fact. Id., at 356. Even so, “[t]he inquiry into seaman status is of necessity fact-specific; it will depend on the nature of the vessel, and the employee’s precise relation to it.” Ibid. Our decision in Wilander jettisoned any lingering notion that a maritime worker need aid in the navigation of a vessel in order to qualify as a “seaman” under the Jones Act. “The key to seaman status is employment-related connection to a vessel in navigation... . It is not necessary that a seaman aid in navigation or contribute to the transportation of the vessel, but a seaman must be doing the ship’s work.” Id., at 355. In arriving at this conclusion, we again recognized that “the Jones Act and the LHWCA are mutually exclusive,” id., at 347 (citing Swanson v. Marra Brothers, Inc., 328 U. S. 1 (1946)), for the very reason that the LHWCA specifically precludes from its provisions any employee who is “a master or member of a crew of any vessel.”

Southwest Marine suggests, in line with Fifth Circuit precedent, that this fact-intensive inquiry may always be resolved as a matter of law if the claimant’s job fits within one of the enumerated occupations defining the term “employee” covered by the LHWCA. However, this argument ignores the fact that some maritime workers may be Jones Act seamen performing a job specifically enumerated under the LHWCA. Indeed, Congress foresaw this possibility, and we have previously quoted a portion of the legislative history to the 1972 amendments to the LHWCA that states: “‘[T]he bill would amend the Act to provide coverage of longshoremen, harbor workers, ship repairmen, ship builders, ship-breakers, and other employees engaged in maritime employment (excluding masters and members of the crew of a vessel).’” Northeast Marine Terminal Co. v. Caputo, 432 U. S. 249, 266, n. 26 (1977) (quoting S. Rep. No. 92-1125, p. 13 (1972)) (emphasis added). As we observed in Wilander: “There is no indication in the Jones Act, the LHWCA, or[*89] elsewhere, that Congress has excluded from Jones Act remedies those traditional seamen who owe allegiance to a vessel at sea, but who do not aid in navigation.” 498 U. S., at 354. While in some cases a ship repairman may lack the requisite connection to a vessel in navigation to qualify for seaman status, see, e. g., Sun Ship, Inc. v. Pennsylvania, 447 U. S. 715 (1980) (ship repairmen working and injured on land); P. C. Pfeiffer Co. v. Ford, 444 U. S. 69, 80, and n. 12 (1979), not all ship repairmen lack the requisite connection as a matter of law. [4] This is so because “[i]t is not the employee’s particular job that is determinative, but the employee’s connection to a vessel.” Wilander, supra, at 354. By its terms the LHWCA preserves the Jones Act remedy for vessel crewmen, even if they are employed by a shipyard. A maritime worker is limited to LHWCA remedies only if no genuine issue of fact exists as to whether the worker was a seaman under the Jones Act.

Southwest Marine submits several arguments in an attempt to foreclose this Jones Act suit. First, Southwest Marine contends that our decision in Wilander will conflict with decisions holding that the LHWCA provides the exclusive remedy for certain injured railroad workers otherwise permitted by the Federal Employers’ Liability Act, 45 U. S. C. § 51 et seq., to pursue a negligence cause of action. See, e. g., Chesapeake & Ohio R. Co. v. Schwalb, 493 U. S. 40 (1989); Pennsylvania R. Co. v. O’Rourke, 344 U. S. 334 (1953). Such cases, however, can provide no meaningful guidance on[*90] the issue here, for the LHWCA contains no exclusion for railroad workers comparable to that for Jones Act seamen.

Next, Southwest Marine advances a “primary jurisdiction” argument suggesting that, where a maritime worker is “arguably covered” by the LHWCA, the district court should stay any Jones Act proceeding pending a final LHWCA “administrative agency” determination that the worker is, in fact, a “master or member of a crew.” We find no indication in the LHWCA that Congress intended to preclude or stay traditional Jones Act suits in the district courts. Indeed, the LHWCA anticipates that such suits could be brought. Title 33 U. S. C. § 913(d) tolls the time to file LHWCA claims “[w]here recovery is denied to any person, in a suit brought at law or in admiralty to recover damages in respect of injury or death, on the ground that such person was an employee and the defendant was an employer within the meaning of this chapter and that such employer had secured compensation to such employee under this chapter.” .

Southwest Marine seeks to support its primary jurisdiction argument by pointing to the relation between the Federal Employees’ Compensation Act (FECA), 5 U. S. C. § 8101 et seq., and the Federal Tort Claims Act (FTCA), 28 U. S. C. §2671 et seq. But FECA contains an “unambiguous and comprehensive” provision barring any judicial review of the Secretary of Labor’s determination of FECA coverage. Lindahl v. Office of Personnel Management, 470 U. S. 768, 780, and n. 13 (1985); see 5 U. S. C. § 8128(b). Consequently, the courts have no jurisdiction over FTCA claims where the Secretary determines that FECA applies. The LHWCA contains no such provision. Likewise, we reject Southwest Marine’s argument that agency proceedings under the LHWCA require the jurisdictional limitations we have found the National Labor Relations Act (NLRA), 29 U. S. C. § 151 et seq., to place on state and federal courts in favor of the proceedings conducted by the National Labor Relations Board.[*91] See, e. g., Longshoremen v. Davis, 476 U. S. 380, 389-390 (1986); San Diego Building Trades Council v. Garmon, 359 U. S. 236, 243-245 (1959). The administrative proceedings outlined under the LHWCA in no way approach “the NLRA’s ‘complex and interrelated federal scheme of law, remedy, and administration’ ” requiring pre-emption in those cases. Longshoremen, supra, at 389 (quoting Garmon, supra, at 243). Neither is it “essential to the administration” of the LHWCA that resolution of the question of coverage be left “ ‘in the first instance’ ” to agency proceedings in the Department of Labor. Longshoremen, supra, at 390 (quoting Garmon, supra, at 244-245).

Finally, Southwest Marine suggests that an employee’s receipt of benefits under the' LHWCA should preclude subsequent litigation under the Jones Act. To the contrary, however, we have ruled that where the evidence is sufficient to send the threshold question of seaman status to the jury, it is reversible error to permit an employer to prove that the worker accepted LHWC A benefits while awaiting trial. Tipton v. Socony Mobil Oil Co., 375 U. S. 34, 37 (1963). It is by now “universally accepted” that an employee who receives voluntary payments under the LHWCA without a formal award is not barred from subsequently seeking relief under the Jones Act. G. Gilmore & C. Black, Law of Admiralty 435 (2d ed. 1975); see 4 A. Larson, Workmen’s Compensation Law § 90.51, p. 16-507 (1989) (collecting cases); Simms v. Valley Line Co., 709 F. 2d 409, 412, and nn. 3 and 5 (CA5 1983). This is so, quite obviously, because the question of coverage has never actually been litigated. Moreover, the LHWCA clearly does not comprehend such a preclusive effect, as it specifically provides that any amounts paid to an employee for the same injury, disability, or death pursuant to the Jones Act shall be credited against any liability imposed by the[*92] LHWCA. [5] 33 U. S. C. § 903(e). See Gilmore & Black, supra, at 435.

III

Because a ship repairman may spend all of his working hours aboard a vessel in furtherance of its mission — even one used exclusively in ship repair work — that worker may qualify as a Jones Act seaman. By ruling as a matter of law on the basis of job title or occupation alone, the District Court foreclosed Gizoni’s ability to make this showing. “If reasonable persons, applying the proper legal standard, could differ as to whether the employee was a ‘member of a crew,’ it is a question for the jury.” Wilander, 498 U. S., at 356. The Ninth Circuit concluded that questions of fact existed regarding whether the floating platforms were vessels in navigation, and whether Gizoni had sufficient connection to the platforms to qualify for seaman status. [6] Gizoni alleges facts in support of each of these propositions — facts which Southwest Marine disputes. Compare Brief for Respondent 11 with Brief for Petitioner 3. Summary judgment was inappropriate.

The judgment of the Court of Appeals is

Affirmed.

Justice Thomas took no part in the consideration or decision of this case.

1

The Ninth Circuit in this case followed a decision by the Sixth Circuit, which held that “[a] plaintiff is not limited to the remedies available under the LHWCA unless he is unable to show that a genuine factual issue exists as to whether he was a seaman at the time of his injury.” Petersen v. Chesapeake & Ohio R. Co., 784 F. 2d 732, 739 (1986). To the contrary, the Fifth Circuit has previously held that “because longshoremen, shipbuilders and ship repairers are engaged in occupations enumerated in the LHWCA, they are unqualifiedly covered by that Act if they meet the Act’s situs requirements; coverage of these workmen by the LHWCA renders them ineligible for consideration as seamen or members of the crew of a vessel entitled to claim the benefits of the Jones Act.” Pizzitolo v. Electro-Coal Transfer Corp., 812 F. 2d 977, 983 (1987). A later decision[*86] by the Fifth Circuit undercut much of the reasoning in Pizzitolo by limiting it to cases where "the evidence is insufficient to warrant a finding of seaman's status." Legros v. Panther Services Group, Inc., 863 F. 2d 345, 349 (1988). The Fifth Circuit granted rehearing en banc, but the parties later settled and the appeal was dismissed. Legros v. Panther Services Group, Inc., 874 F. 2d 953 (1989). With the opinion in Legros vacated, Pizzitolo remains the law in the Fifth Circuit, although its breadth may be in some question.

2

In full, 33 U. S. C. § 902(3) provides:

"The term `employee' means any person engaged in maritime employment, including any longshoreman or other person engaged in Iongshoring operations, and any harborworker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include-
"(A) individuals employed exclusively to perform office clerical, secretarial, security, or data processing work;
"(B) individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet;
"(C) individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance);
"(D) individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are temporarily doing business on the premises of an employer[*87] described in paragraph (4), and (iii) are not engaged in work normally performed by employees of that employer under this chapter;
“(E) aquaculture workers;
“(F) individuals employed to build, repair, or dismantle any recreational vessel under sixty-five feet in length;
“(G) a master or member of a crew of any vessel; or
“(H) any person engaged by a master to load or unload or repair any small vessel under eighteen tons net;
“if individuals described in clauses (A) through (F) are subject to coverage under a State workers’ compensation law.”
3

Southwest Marine points as well to a separate exclusiveness of liability provision regarding the negligence of a vessel, 33 U. S. C. § 905(b), and places great emphasis on a passage that states:

“If such person was employed to provide shipbuilding, repairing, or breaking services and such person’s employer was the owner, owner pro hac vice, agent, operator, or charterer of the vessel, no such action shall be permitted, in whole or in part or directly or indirectly, against the injured person’s employer (in any capacity,' including as the vessel’s owner, owner pro hac vice, agent, operator, or charterer) or against the employees of the employer.”

This exclusivity provision applies, however, only “[i]n the event of injury to a person covered under this chapter [the LHWCA] caused by the negligence of a vessel.” § 905(b). As we have already noted, the question whether Gizoni is “a person covered under this chapter” depends upon whether he is a “seaman” under the Jones Act. Like the companion exclusivity provision of § 905(a), § 905(b) does not dictate sole recourse to the LHWCA unless Gizoni is found not to be “a master or member of a crew of any vessel.”

4

Gizoni stipulates that he was a ship repairman for Southwest Marine and correctly notes that many ship repairmen are excluded from LHWCA coverage, even though ship repairmen are expressly enumerated as a category of “harborworker” included within its coverage. See 33 U. S. C. §902(3)(F) (individuals employed to repair recreational vessels under 65 feet in length); § 902(3)(H) (persons engaged to repair small vessels under 18 tons net). We find it significant that such clear exclusions of certain ship repairmen fall on either side of the exclusion here at issue for “a master or member of a crew of any vessel.” § 902(3)(G).

5

For this same reason, equitable estoppel arguments suggested by ami-cus Shipbuilders Council of America must fail. Where full compensation credit removes the threat of double recovery, the critical element of detrimental reliance does not appear. See Heckler v. Community Health Services of Crawford County, Inc., 467 U. S. 51, 59 (1984); Lyng v. Payne, 476 U. S. 926, 935 (1986). Argument by amicus would force injured maritime workers to an election of remedies we do not believe Congress to have intended.

6

The Ninth Circuit also found questions of fact to remain concerning whether Gizoni aided in the navigation of these platforms. After McDermott Int’l, Inc. v. Wilander, 498 U. S. 337 (1991), however, only “employment-related connection to a vessel in navigation” is required. Id., at 355. To be a seaman, the employee need not aid in navigation.