## Facts

- BASF Wyandotte Corporation (Wyandotte) owned and operated a port facility in Louisiana on the Mississippi River.
- Wyandotte used a turntable as part of its ship-loading and ship-unloading operations.
- Wyandotte contracted with Hullinghorst Industries, Inc. (Hullinghorst) to provide scaffolding as needed at the facility.
- David E. Carroll was a carpenter employed by Hullinghorst.
- While building a scaffold beneath a pier extending over the Mississippi River, Carroll injured his back.
- The scaffold was being erected so that Wyandotte employees could repair the turntable used to load and unload ships; Carroll’s job was limited to building the scaffold, not repairing the turntable.
- Carroll sought compensation under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) against Hullinghorst.
- Hullinghorst contested coverage, arguing that it was not a covered “employer” under the LHWCA and that Carroll was not performing covered “maritime employment.”
- An Administrative Law Judge (ALJ) initially ruled for Hullinghorst and denied benefits.
- The Benefits Review Board reversed on coverage and remanded.
- On remand, the ALJ awarded benefits and found a causal connection between the work injury and Carroll’s disability; the Board affirmed the award.
- Hullinghorst petitioned for review in the United States Court of Appeals for the Fifth Circuit.

## Issues

1. Whether Carroll, a carpenter erecting scaffolding beneath a pier so that ship-loading equipment could be repaired, was engaged in “maritime employment” (LHWCA status).
2. Whether Hullinghorst qualified as an LHWCA “employer” even though it was a scaffolding contractor rather than a traditional maritime operator.
3. Whether substantial evidence supported the ALJ’s finding that Carroll’s disability was causally related to the work injury.

## Decision

- The Fifth Circuit affirmed the Benefits Review Board’s decision upholding the compensation award.
- The court held that Carroll met the LHWCA status requirement because his scaffolding work was part of a ship-loading/ship-unloading project: enabling repair of equipment used to load and unload vessels at the pier.
- The court rejected Hullinghorst’s argument that LHWCA coverage depends on the employer’s own maritime business; the statute does not limit coverage to employers with independent maritime operations when the employer has employees performing covered work on a covered situs.
- The court upheld the ALJ’s causation determination, concluding it was supported by substantial evidence and therefore not subject to reversal on review.

## Legal Principles

- LHWCA coverage generally requires both a covered situs (such as a pier over navigable waters) and covered status (maritime employment).
- “Maritime employment” turns on the nature of the worker’s assigned function and its relationship to vessel loading and unloading, not on the worker’s trade label or whether the worker personally handles cargo.
- Work that is part of maintaining or repairing equipment used for loading and unloading ships can satisfy the status requirement, even when the worker’s task is preparatory or supportive (such as erecting scaffolding for the repair work).
- An employer is covered under the LHWCA when it employs workers who perform covered maritime employment on a covered situs; the Act does not require the employer to be a stevedore, shipowner, or otherwise engaged in maritime commerce as its primary business.
- On appellate review, factual findings by the ALJ—including medical causation findings—are upheld if supported by substantial evidence and applied under the correct legal standards.

## Conclusion

Carroll’s back injury occurred while he was erecting scaffolding beneath a pier so that ship-loading equipment could be repaired, and the Fifth Circuit held that this work satisfied LHWCA status and that Hullinghorst was a covered employer; the court also affirmed the award because the ALJ’s finding that the work injury caused Carroll’s disability was supported by substantial evidence.


Hullinghorst Industries v. Carroll, 650 F.2d 750 (1981)