Ingalls Shipbuilding Corp. v. Dorothy T. Morgan, 551 F.2d 61 (5th Cir. 1977). · Go Syfert
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Ingalls Shipbuilding Corp. v. Dorothy T. Morgan, 551 F.2d 61 (5th Cir. 1977). Cases Citing This Book View Copy Cite
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cited 5× by 5 distinct cases, 2020–2022 · …any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker at p. 62 ⚠ not in text Topic ↗
cited 3× by 3 distinct cases · …longshoremen, shipbuilders, ship repairers, and various harbor workers, such as carpenters, cleaners, or painters ⚠ not in text
38 citation events (14 in the last 25 years) across 6 distinct courts.
Strongest positive: Ragusa v. Louisiana Insurance Guaranty Association (laed, 2023-03-20)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
cited Cited as authority (rule) Ragusa v. Louisiana Insurance Guaranty Association
E.D. La. · 2023 · confidence medium
The status test is satisfied when the person is “directly involved in an ongoing shipbuilding operation.” Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977).
cited Cited as authority (rule) Becnel v. Lamorak Insurance Company
E.D. La. · 2022 · confidence medium
The status test is satisfied when the person is “directly involved in an ongoing shipbuilding operation.” Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977).
cited Cited as authority (rule) Cortez v. Lamorak Insurance Company
E.D. La. · 2022 · confidence medium
The status test is satisfied when the person is “directly involved in an ongoing shipbuilding operation.” Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977).
discussed Cited as authority (rule) Morales v. Anco Insulations Inc (2×)
E.D. La. · 2022 · confidence medium
The status test is satisfied when the person is “directly involved in an ongoing shipbuilding operation.” Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977).
cited Cited as authority (rule) Sentilles v. Huntington Ingalls Incorporated
E.D. La. · 2022 · confidence medium
The status test is satisfied when the person is “directly involved in an ongoing shipbuilding operation.” Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977).
cited Cited as authority (rule) Cortez v. Lamorak Insurance Company
E.D. La. · 2022 · confidence medium
The status test is satisfied when the person is “directly involved in an ongoing shipbuilding operation.” Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977).
discussed Cited as authority (rule) Barrosse v. Huntington Ingalls Incorporated
E.D. La. · 2021 · confidence medium
Programs, 718 F.3d 384, 389 (5th Cir. 2013). 68 33 U.S.C. § 902 (3) 69 Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977) (per curiam) (quoting Jacksonville Shipyards Inc. v. Perdue, 539 F.2d 533, 544 (5th Cir. 1976)) (internal quotation marks omitted). or death [must have] result[ed] from an injury occurring upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel).”70 1.
discussed Cited as authority (rule) Hulin v. Huntington Ingalls Incorporated (2×)
E.D. La. · 2020 · confidence medium
The Fifth Circuit has found that the status test is satisfied when the person is “directly involved in an ongoing shipbuilding operation.” Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977).
cited Cited as authority (rule) Feurtado v. Zapata Gulf Marine Corp.
La. Ct. App. · 2000 · confidence medium
Morgan, 551 F.2d 61, 62 (5th Cir.), cert. denied 434 U.S. 966 , 98 S.Ct. 508 , 54 L.Ed.2d 453 (1977).
discussed Cited as authority (rule) Steven L. Easley v. Southern Shipbuilding Corporation
5th Cir. · 1991 · confidence medium
See also Alford v. American Bridge Div., United States Steel Corp., 642 F.2d 807, 812-13 (5th Cir.), modified in part 655 F.2d 86 (1981), cert. denied 455 U.S. 927 , 102 S.Ct. 1292 , 71 L.Ed.2d 472 (1982); Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir.), cert. denied 434 U.S. 966 , 98 S.Ct. 508 , 54 L.Ed.2d 453 (1977).
discussed Cited as authority (rule) John F. Alford v. American Bridge Division, United States Steel Corporation
5th Cir. · 1981 · confidence medium
Texports Stevedore Co. v. Winchester, 554 F.2d 245 (5th Cir. 1977), reaff'd en banc, 632 F.2d 504 (1980), (stevedoring gear); Odom Construction Co. v. United States Department of Labor, 622 F.2d 110, 113 (5th Cir. 1980), cert. denied, --- U.S. ----, 101 S.Ct. 1482 , 67 L.Ed.2d 614 (1981) (mooring blocks used for barges awaiting stevedoring services at nearby wharf) 2 Alabama Dry Dock & Shipbuilding Co. v. Kininess, 554 F.2d 176 (5th Cir.), cert. denied, 434 U.S. 903 , 98 S.Ct. 299 , 54 L.Ed.2d 190 (1977) (maintaining parts of shipyard crane, not yet assembled but stored and intended for future…
discussed Cited as authority (rule) Alford v. American Bridge Division, United States Steel Corp.
5th Cir. · 1981 · confidence medium
Alabama Dry Dock & Shipbuilding Co. v. Kininess, 554 F.2d 176 (5th Cir.), cert. denied, 434 U.S. 903 , 98 S.Ct. 299 , 54 L.Ed.2d 190 (1977) (maintaining parts of shipyard crane, not yet assembled but stored and intended for future use in building vessels); Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977) (injured while cleaning a piece of steel to prepare it for fabrication into a shipbuilding component). .
discussed Cited as authority (rule) Hullinghorst Industries, Inc. v. David E. Carroll, and Director, Office of Workers' Compensation Programs, U. S. Department of Labor
5th Cir. · 1981 · confidence medium
Subsequent cases have followed the Jacksonville Shipyards “direct involvement” test, construing it liberally in order to further the compensatory purposes of the Act. 6 Thus, coverage has been extended on the basis of “employee” status to a worker (who had never worked aboard a ship) injured while cleaning a piece of steel to prepare it for fabrication into a shipbuilding component, Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977) (cleaning was “necessary prerequisite to the fabrication of the steel” and thus was “an essential step of the shipbuilding process…
cited Cited "see" Hall v. Hvide Hull No. 3
5th Cir. · 1984 · signal: see · confidence high
See Garcia v. American Marine Corp., supra, 432 F.2d [6] at 7 [(5th Cir.1970)]; Alfred v. M/V MARGARET LYKES, supra, 398 F.2d [684] at 685, [ (5th Cir.1984) ].
discussed Cited "see" Director, Office of Workers' Compensation Programs, United States Department of Labor v. Eastern Coal Corporation, Director, Office of Workers' Compensation Programs, United States Department of Labor v. Elkhorn Jellico Coal Company and Old Republic Companies
6th Cir. · 1977 · signal: see · confidence high
See Krolick Contracting Co. v. Benefits Review Board, 558 F.2d 685, 689 (3d Cir. 1977) 9 Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61 (5th Cir. 1977); Director v. Peabody Coal Co., 554 F.2d 310 (7th Cir. 1977); Duluth Missabe & Iron Range Ry.
discussed Cited "see, e.g." Alford v. American Bridge Division
5th Cir. · 1981 · signal: see, e.g. · confidence medium
See, e.g., Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977) (deceased claimant covered while cleaning a steel plate that would later be used for construction or repair of ships); 8 McCarthy, Inc. v. Bradshaw, 547 F.2d 1161 (3d Cir. 1977) (fork-lift repairman covered); Dravo Corp. v. Maxin, 545 F.2d 374, 376 (3d Cir. 1976) (injured claimant covered while burning steel plates which would ultimately become bottoms and decks of barges); Jacksonville Shipyard, Inc. v. Perdue, 539 F.2d 533 (5th Cir. 1976) (shipyard carpenters building wood piece designed to hold a spare wheel di…
discussed Cited "see, e.g." Alford v. American Bridge Division
5th Cir. · 1981 · signal: see, e.g. · confidence medium
See, e.g., Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977) (deceased claimant covered while cleaning a steel plate that would later be used for construction or repair of ships); 8 McCarthy, Inc. v. Bradshaw, 547 F.2d 1161 (3d Cir. 1977) (fork-lift repairman covered); Dravo Corp. v. Maxin, 545 F.2d 374, 376 (3d Cir. 1976) (injured claimant covered while burning steel plates which would ultimately become bottoms and decks of barges); Jacksonville Shipyard, Inc. v. Perdue, 539 F.2d 533 (5th Cir. 1976) (shipyard carpenters building wood piece designed to hold a spare wheel di…
discussed Cited "see, e.g." Newport News Shipbuilding and Dry Dock Company v. Willie A. Graham, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Intervenor. Newport News Shipbuilding and Dry Dock Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and George E. Jones
4th Cir. · 1978 · signal: see, e.g. · confidence medium
See, e. g., Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977) (employee killed while cleaning a steel plate that would later be used for construction or repair of ships); Jacksonville Shipyards, Inc. v. Perdue, 539 F.2d 533, 543-44 (5th Cir. 1976) (carpenter injured while building a piece of woodwork for installation on a new ship); Dravo Corp. v. Maxin, 545 F.2d 374, 376 (3d Cir. 1976) (employee injured while burning steel plates which would ultimately become bottoms and decks of barges).
discussed Cited "see, e.g." Newport News Shipbuilding & Dry Dock Co. v. Graham
4th Cir. · 1978 · signal: see, e.g. · confidence medium
See, e. g., Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61, 62 (5th Cir. 1977) (employee killed while cleaning a steel plate that would later be used for construction or repair of ships); Jacksonville Shipyards, Inc. v. Perdue, 539 F.2d 533 , 543 — 14 (5th Cir. 1976) (carpenter injured while building a piece of woodwork for installation on a new ship); Dravo Corp. v. Maxin, 545 F.2d 374, 376 (3d Cir. 1976) (employee injured while burning steel plates which would ultimately become bottoms and decks of barges).
cited Cited "see, e.g." Alabama Dry Dock and Shipbuilding Co. v. Frank Kininess and Director, Office of Workers' Compensation Programs, United States Department of Labor
5th Cir. · 1977 · signal: see also · confidence low
See also Ingalls Shipbuilding Corp. v. Morgan, 551 F.2d 61 (5th Cir. 1977).
Retrieving the full opinion text from the archive…
Ingalls Shipbuilding Corporation, Division of Litton Systems, Inc.
v.
Dorothy T. Morgan, Ernest W. Morgan, Jr., Timothy E. Morgan, Claimants-Respondents, Director, Office of Workers' Compensation Programs, United States Department of Labor
76-1880.
Court of Appeals for the Fifth Circuit.
Apr 20, 1977.
551 F.2d 61
1977 U.S. App. LEXIS 13748
Cited by 10 opinions  |  Published

551 F.2d 61

INGALLS SHIPBUILDING CORPORATION, DIVISION OF LITTON
SYSTEMS, INC., Petitioner,
v.
Dorothy T. MORGAN, Ernest W. Morgan, Jr., Timothy E. Morgan,
Claimants-Respondents,
Director, Office of Workers' Compensation Programs, United
States Department of Labor, Respondents.

No. 76-1880.

United States Court of Appeals,
Fifth Circuit.

April 20, 1977.

Eldon L. Bolton, Jr., Gulfport, Miss., D. Knox White, George E. Morse, George W. Williams, Jr., Senior Staff Atty., Pascagoula, Miss., Charles E. Foster, Beverly Hills, Cal., for petitioner.

Bobby G. O'Barr, Biloxi, Miss., Laurie M. Streeter, Associate Sol., William J. Kilberg, Sol., Linda L. Carroll, Atty., U. S. Dept. of Labor, Washington, D. C., for claimants-respondents.

Petition for Review of an Order of the Benefits Review Board (Mississippi Case).

Before MORGAN and RONEY, Circuit Judges, and KING[*], District Judge.

PER CURIAM:

1

Petitioner Ingalls Shipbuilding Corporation appeals from a decision of the Benefits Review Board, U. S. Department of Labor, affirming an award of benefits to respondents under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901 et seq. Respondents' decedent, Ernest W. Morgan, worked as a ship fitter helper apprentice in a fabrication shop in the Ingalls shipyard in Pascagoula, Miss. Workers in the shop cut, shape, tack and weld steel parts later used for construction and repair of ships. Morgan died when a steel plate he was cleaning fell on him.

2

Ingalls questions whether, under the terms of the Act, Morgan was a covered employee, 33 U.S.C. § 902(3), working on a maritime situs, 33 U.S.C. § 903(a). If he was, Ingalls suggests the Act is unconstitutional. These issues are controlled by Halter Marine Fabricators Inc. v. Nulty, decided with Jacksonville Shipyards Inc. v. Perdue, 539 F.2d 533 (5th Cir. 1976), petition for cert. filed 45 U.S.L.W. 3514 (Jan. 25, 1977). Nulty upheld an award of compensation benefits to a worker in a shipyard fabrication shop and determined the Act so applied was constitutional. Nulty was covered, the Court held, because he was "directly involved in an ongoing shipbuilding operation." 539 F.2d at 544.

3

Ingalls suggests three possible reasons for distinguishing the status of Morgan from the status of Nulty. First, at the time of his injury, Morgan was only cleaning, while Nulty was constructing. Because cleaning was a necessary prerequisite to the fabrication of the steel for use in shipbuilding, this distinction is immaterial. Second, Morgan was working on a steel plate for a ship that had not yet been launched, while Nulty was fabricating a piece of woodwork for a floating vessel. The work of shipbuilding, however, commences before there is a launched vessel. Third, Morgan never worked on board a ship, while Nulty did from time to time. Shipbuilders who do the initial work to construct a vessel for launching are, nonetheless, just as engaged in shipbuilding as those who are completing the task after something is finished which can be called a ship.

4

Morgan's cleaning task was an essential step of the shipbuilding process, and it defies plain meaning of the words "ongoing shipbuilding operation" to restrict them to activities that relate to vessels that are already floating. Ingalls argues that the "ongoing shipbuilding" test is wrong if it eliminates any requirement that the status of the injured employee be judged without regard for traditional maritime concepts. Nulty, however, holds that shipbuilders perform a maritime function.

5

AFFIRMED.

*

District Judge of the Southern District of Florida sitting by designation