McElheney v. Workers' Compensation Appeal Board (Kvaerner Philadelphia Shipyard)

Summary

The Supreme Court of Pennsylvania held that a graven dry dock is a land-based site within the scope of the 1972 amendments to the Longshore and Harbor Workers' Compensation Act. Accordingly, an injured worker performing a traditional maritime function in a graven dry dock may recover concurrently under both the federal LHWCA and the Pennsylvania Workers' Compensation Act. The court affirmed the Commonwealth Court's decision.

Holdings

1. A graving dry dock is a land-based site within the scope of the 1972 land-based amendments to the LHWCA because it is cut and dug out of the land; periodic and artificial flooding does not transform it into navigable waters for purposes of exclusive LHWCA jurisdiction.
2. The LHWCA and PWCA share concurrent jurisdiction over injuries occurring in a graving dry dock, including injuries occurring on the dry-docked vessel or on the dry dock apparatus.
3. The precise location of the injury within the graving dry dock is not dispositive; concurrent LHWCA and PWCA jurisdiction exists whether the injury occurs on the dry-docked vessel or on the dry dock apparatus itself.

Questions Presented

1. Whether an injury sustained while performing a traditional maritime function on a vessel located in a graving dry dock occurs upon the navigable waters of the United States under the LHWCA.
2. Whether the LHWCA provides the exclusive remedy for an injury occurring in a graving dry dock or whether the LHWCA and PWCA provide concurrent workers' compensation jurisdiction.
3. Whether the graving dry dock is a land-based site within the scope of the 1972 amendments to the LHWCA.

Disposition

affirmed