McGray Construction Co. v. Director, Office of Workers Compensation Programs’s Empirical Analysis

Citation profile

10 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he term “employee” means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include— (A) individuals employed exclusively to perform office clerical, secretarial, security, or data processing work; (B) individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet-, (C) individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance); (D) individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are temporarily doing business on the premises of an employer described in paragraph (4), and (iii) are not engaged in work normally performed by employees of that employer under this chapter; (E) aquaculture workers; (F) individuals employed to build, repair, or dismantle any recreational vessel under sixty-five feet in length; (G) a master or member of a crew of any vessel; or (H) any person engaged by a master to load or unload or repair any small vessel under eighteen tons net; if individuals described in clauses (A) through (F) are subject to coverage under a State workers’ compensation law.”

   3 later decisions quote this exact passage · from the majority
   e.g. Peru v. Sharpshooter Spectrum Venture LLC · 409 F. Supp. 2d 1252 - James v. Wards Cove Packing Co.

2. “disability or death of an employee, but only if the disability or death results from an injury occurring upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel).”

   1 later decision quote this exact passage · from the majority
   e.g. 409 F. Supp. 2d 1252 - James v. Wards Cove Packing Co.

3. “Id. at 1013 (internal quotations omitted): 27 The Board's cases involving construction workers on piers have held that the work was not maritime where the piers were not used to accommodate ships. The [Director's] argument has no force in this case, because the Board's own case qualified”

   1 later decision quote this exact passage · from the majority
   e.g. Healy Tibbitts Builders, Inc. v. Director, Office of Workers' Compensation Programs