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Jeffrey Paul Bailey filed suit against Gator Hawk, Inc. for damages allegedly sustained while working on an offshore drill site. Gator Hawk moved for summary judgment, seeking dismissal of Jones Act claims, limiting recovery to LHWCA, and dismissing Champlin Petroleum Company's cross-claim. The Court previously denied summary judgment but allowed Gator Hawk to re-urge the motion. This Memorandum and Order addresses Gator Hawk's Motion to Reconsider Motion for Summary Judgment. The Court determined that Bailey did not qualify as a seaman under the Jones Act, based on the Fifth Circuit's 'Robison' criteria, as he spent less than 10% of his work time on vessels and was not permanently assigned to an identifiable fleet. Consequently, summary judgment was granted for Gator Hawk on the Jones Act claim, dismissing Bailey's claims under 46 U.S.C.App. § 688. Decisions regarding Bailey's status under LHWCA and Champlin's cross-claim were reserved pending further briefing.
Bailey v. Global Marine, Inc. is a workers' compensation case decided in District Court, S.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, S.D. Texas.
Full Decision Text1 Pages
Jeffrey Paul Bailey filed suit against Gator Hawk, Inc. for damages allegedly sustained while working on an offshore drill site. Gator Hawk moved for summary judgment, seeking dismissal of Jones Act claims, limiting recovery to LHWCA, and dismissing Champlin Petroleum Company's cross-claim. The Court previously denied summary judgment but allowed Gator Hawk to re-urge the motion. This Memorandum and Order addresses Gator Hawk's Motion to Reconsider Motion for Summary Judgment. The Court determined that Bailey did not qualify as a seaman under the Jones Act, based on the Fifth Circuit's 'Robison' criteria, as he spent less than 10% of his work time on vessels and was not permanently assigned to an identifiable fleet. Consequently, summary judgment was granted for Gator Hawk on the Jones Act claim, dismissing Bailey's claims under 46 U.S.C.App. § 688. Decisions regarding Bailey's status under LHWCA and Champlin's cross-claim were reserved pending further briefing.
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