A Jones Act seaman is someone who spends 30% or more of his or her time in the service of the vessel. The Supreme Court has been asked to answer what “in the service of the vessel” actually means – is it time contributing to the navigation and operation of the vessel, or does it include shore-side vessel repairs as well?
William Dize operated launch boats about 20% of the time, but that rose to 60% if time maintaining and repairing the launch boats at the dock is included. The Maryland Supreme Court ruled it did not, so Mr. Dize was not a Jones Act seaman. His widow has asked the Supreme Court to review the issue.
In the Fifth Circuit, the Court would very likely have come to an opposite conclusion. A Jones Act seaman is in the service of the vessel if the seaman’s work contributes to the mission of the vessel. Almost anything but being a passenger counts. Just recently, in Naquin v. EBI, the Fifth Circuit found a plaintiff was a Jones Act seaman expressly because he performed shore-side repairs.
If the Supreme Court grants certiorari, it could either confirm or stanch the seemingly growing number of Jones Act seamen.
UPDATE – The Supreme Court denied certiorari. Naquin v. EBI will remain the law in the Fifth Circuit for the foreseeable future.