Cruz v. National Steel and Shipbuilding Co., No. 17-55441 (9th Cir. 2018)Annotate this Case
The borrowed employee doctrine applies to employees under the Longshore and Harbor Workers' Compensation Act. A maritime worker who has collected statutory workers' compensation for her injuries may not further recover against a borrowed employer.
The Ninth Circuit affirmed the district court's grant of summary judgment for a general contractor in an admiralty action brought by an injured maritime worker. The panel held that the general contractor was immune from suit under the one recovery policy at the heart of the workers' compensation law. In this case, the maritime worker was the general contractor's borrowed employee where her work was subject to its direction and control at all times. Therefore, the maritime worker was barred from bringing tort claims against the general contractor.