The Jones Act Seaman Test is One of Saltiness | ZFZ Postcard Cases

Plaintiff appealed two rulings resting on the holding that Plaintiff did not qualify as a seaman under the Jones Act.

The Fifth Circuit reversed, finding the Supreme Court’s test set forth in Chandris v. Latsis, 515 U.S. 347 (1995) was met by the welder working on a jack-up drilling rig set up dockside.

Importantly, Plaintiff’s work was indistinguishable to prior cases where seaman status was found. However, the panel explained that the view in the Fifth Circuit is likely inconsistent with Supreme Court precedent looking more narrowly to whether a worker is sea-based.

On October 30, 2020, the Court issued an order vacating the panel decision and setting the case for en banc review.

Read more on the decision here.