Submitted August 29, 2018 [*] Pasadena, California
Appeal
from the United States District Court for the Southern
District of California, No. 3:14-cv-02956-LAB-DHB Larry A.
Burns, District Judge, Presiding
Preston Easley, Law Offices of Preston Easley, San Pedro,
California; Dawn Schock, SK Appellate Group LLP, San Pedro,
California; for Plaintiff-Appellant.
Bradley H. Pace, Philip Barilovits, and Pamela L. Schultz,
Hinshaw & Culbertson LLP, San Francisco, California, for
Defendant-Appellee.
Before: Kim McLane Wardlaw, Jay S. Bybee, and Sandra S.
Ikuta, Circuit Judges.
SUMMARY
[**]
Admiralty
The
panel affirmed the district court's summary judgment in
favor of the defendant in an admiralty action brought by an
injured maritime worker.
The
plaintiff was injured while working as a tank tester aboard a
Navy ship that was docked for repairs. She collected
workers' compensation under the Longshore and Harbor
Workers' Compensation Act from her primary employer, a
staffing agency, and she brought a negligence action against
the general contractor that had functioned as her borrowing
employer.
The
panel held that the defendant general contractor was immune
from suit pursuant to the "one recovery" policy at
the heart of workers' compensation law. Joining other
circuits, the panel held that the "borrowed
employee" doctrine applies to "employees"
under the Longshore Act. The worker was the defendant's
borrowed employee because her work was subject to its
direction and control at all times. She therefore was barred
from bringing tort claims against the defendant.
OPINION
BYBEE,
CIRCUIT JUDGE:
In this
case we are asked to determine whether a maritime worker who
has collected statutory workers' compensation for her
injuries may further recover against a so-called
"borrowing employer." Sira Cruz suffered injuries
to her ribs and lungs while working as a tank tester aboard a
Navy ship that was docked for repairs. She collected
workers' compensation from her primary employer, a
staffing agency. Then, she brought a negligence action
against general contractor National Steel and Shipbuilding
Company ("Nassco") seeking recovery for the same
injuries. Nassco, which had functioned as Cruz's
borrowing employer for several years at the time of the
accident, asserted that it was immune from suit pursuant to
the "one recovery" policy at the heart of
workers' compensation law. The district court granted
Nassco's motion for summary judgment on these grounds.
Cruz appeals from that judgment, and we affirm. In this, we
join the Third, Fourth, Fifth, and Eleventh Circuits in
holding that the borrowed employee doctrine applies to
"employees" under the Longshore and Harbor
Workers' Compensation Act ("LHWCA"), 33 U.S.C.
§§ 901-50.
I
Except
where noted, Cruz and Nassco have stipulated to ...