--- title: Landmark Cases - Gizoni description: Case number eleven on my list of landmark U.S. Supreme Court Longshore cases is a Jones Act case, but with significant consequences for the adjudication of image: https://blog.amequity.com/hubfs/Imported_Blog_Media/_dsc8251-Jun-17-2022-07-21-05-48-PM.jpg --- - [Report a Claim](https://www.amequity.com/report-a-claim) - [Member Login](https://www.amequity.com/log-in) [![Amequity](https://blog.amequity.com/hs-fs/hubfs/raw_assets/public/Amequity_Feb2022/images/AEU-full-logo-color.png?width=252&height=81&name=AEU-full-logo-color.png "Amequity")](https://www.amequity.com/) - [Coverage](https://www.amequity.com/coverage) - Resources - [Safety Resources](https://www.amequity.com/resources/safety-resources) - [Claims Resources](https://www.amequity.com/resources/claims-resources) - [Medical Management Resources](https://www.amequity.com/resources/medical-management-resources) - [Leadership Training](https://www.amequity.com/resources/leadership-training) - [Advisory Services](https://www.amequity.com/resources/advisory-services) - [Events](https://www.amequity.com/events) - [Blog & Podcast](https://blog.amequity.com/) - [Join Our Mailing List](https://www.amequity.com/join-our-mailing-list) - Who We Are - [About AEU](https://www.amequity.com/who-we-are/about-aeu) - [Newsroom](https://www.amequity.com/who-we-are/newsroom) - [Leadership](https://www.amequity.com/who-we-are/leadership) - [Careers](https://www.amequity.com/who-we-are/careers) - [Contact](https://www.amequity.com/contact) Longshore Insider All other pages Sep 14, 2016 # Landmark Cases - Gizoni ![Landmark Cases - Gizoni](https://blog.amequity.com/hubfs/Imported_Blog_Media/_dsc8251-Jun-17-2022-07-21-05-48-PM.jpg) Case number eleven on my list of landmark U.S. Supreme Court Longshore cases is a Jones Act case, but with significant consequences for the adjudication of claims under the Longshore Act. The employer in the case of Southwest Marine, Inc. v. Byron Gizoni, 502 U.S. 81 (1991), operated a ship repair facility.  It owned several floating platforms and barges which it moved around by tugboats.  The tugs positioned the platforms alongside vessels under repair.  The platforms were used to move equipment, materials, supplies, and vessel components around the shipyard.  Once in place, the platforms supported the ship repair personnel. The plaintiff in this case was a rigging foreman who worked on and rode the floating platforms as they were towed into place.  He occasionally served as lookout and gave maneuvering signals to the tugboat operators and secured lines from the platforms to the vessels under repair. The plaintiff received voluntary payment of workers’ compensation benefits under the Longshore Act from the employer’s workers’ compensation insurance carrier, but he filed a seaman’s lawsuit against his employer seeking tort damages under the Jones Act. Many questions were raised in this case, and its pivotal holdings have complicated the overlapping coverage and jurisdictional issues between the (mutually exclusive) Longshore and Harbor Workers’ Compensation Act and the Jones Act. Among the key questions: 1. May a maritime worker whose occupation is one of those enumerated in the Longshore Act (ship repair) nonetheless be a seaman under the Jones Act? 2. Does the exclusivity provision of section 905(a) of the Longshore Act apply to a “ship repairman” who may also be a Jones Act seaman? 3. Does the voluntary payment and receipt of Longshore Act benefits preclude a subsequent Jones Act lawsuit? 4. Is it essential to the administration of the Longshore Act by the U.S. Department of Labor that its resolution of the issue of coverage should preempt a Jones Act lawsuit?? 5. Does the doctrine of equitable estoppel apply to the situation whereby a worker must elect his remedy between the Longshore Act and the Jones Act? 6. Must a maritime worker aid in the navigation of a vessel in order to qualify as a seaman? 7. Were the floating repair platforms in this case “vessels” for purposes of the Jones Act? --- #### **ABOUT THE AUTHOR** John A. (Jack) Martone served for 27 years in the U.S. Department of Labor, Office of Workers’ Compensation Programs, as the Chief, Branch of Insurance, Financial Management, and Assessments and Acting Director, Division of Longshore and Harbor Workers’ Compensation. Jack joined The American Equity Underwriters, Inc. (AEU) in 2006, where he serves as Senior Vice President, AEU Advisory Services and is the moderator of AEU's Longshore Insider. [![Need Longshore Coverage? 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As an industry leader in U.S. Longshore and Harbor Workers’ Compensation (USL&H), AEU also provides state act workers’ compensation, Maritime Employers’ Liability (MEL), marine general liability, and automobile liability for waterfront employers. AEU provides services such as claims handling, loss control, and underwriting, as well as longshore consulting and leadership training to help businesses protect their people and manage risk with confidence. ## Related Topics [Landmark Cases](https://blog.amequity.com/longshore-insider/article/tag/landmark-cases), [Jones Act](https://blog.amequity.com/longshore-insider/article/tag/jones-act), [Longshore & Harbor Workers' Compensation Act/LHWC](https://blog.amequity.com/longshore-insider/article/tag/longshore-harbor-workers-compensation-act-lhwc) ## More Resources Jul 1, 2026 #### [Uninsured Employers Under the Longshore and Harbor Workers’ Compensation Act](https://blog.amequity.com/longshore-insider/article/uninsured-employers-under-the-longshore-and-harbor-workers-compensation-act) May 22, 2026 #### [The Jones Act Waiver: What Maritime Employers Should Know](https://blog.amequity.com/longshore-insider/article/the-jones-act-waiver-what-maritime-employers-should-know) Mar 30, 2026 #### [The Longshore Act: Familiar Terms, Different Meanings](https://blog.amequity.com/longshore-insider/article/the-longshore-act-familiar-terms-different-meanings) Mar 4, 2026 #### [The History of Longshore and Harbor Workers’ Compensation Coverage](https://blog.amequity.com/longshore-insider/article/the-history-of-longshore-and-harbor-workers-compensation-coverage) Feb 3, 2026 #### [The Coverage Divide: Jones Act vs Longshore Act](https://blog.amequity.com/longshore-insider/article/the-coverage-divide-jones-act-vs-longshore-act) ## Legal Disclaimer Views expressed here do not constitute legal advice. 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