--- title: Port Authorities description: Are employees of port authorities covered under the Longshore and Harbor Workers’ Compensation Act?  This is a question that comes up regularly, but infreq image: https://blog.amequity.com/hubfs/Imported_Blog_Media/img_1023-Jun-17-2022-07-14-56-72-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 Nov 21, 2011 # Port Authorities ![Port Authorities](https://blog.amequity.com/hubfs/Imported_Blog_Media/img_1023-Jun-17-2022-07-14-56-72-PM.jpg) Are employees of port authorities covered under the Longshore and Harbor Workers’ Compensation Act?  This is a question that comes up regularly, but infrequently enough to seem novel.  Of course, and as usual with these coverage questions, there is no simple, unconditional answer. It is important to note that, unlike typical coverage issues under the Longshore Act, the answer here does not depend on the status and situs of the employee.  Rather it depends on the status of the employer under section 903(b) of the Act.  If the port authority is a subdivision of a state then its employees are excluded regardless of the location and nature of their job duties.  Of course, if the port authority is not a subdivision of a state, then the usual situs and status analyses apply to coverage. Section **903(b)** (33 U.S.C. 903(b)) states, “No compensation shall be payable in respect of the disability or death of an officer or employee of the United States, or any agency thereof, or of any State or foreign government, or any subdivision thereof.” Once again, the question then becomes whether the particular port authority in question is a subdivision of a state government.  If so, then its employees are excluded from Longshore Act coverage regardless of the nature or location of their job duties. The initial inquiry is factual.  Does the port authority provide or perform certain governmental functions?  Since it’s not a simple issue, many courts use a multi-part test in an attempt to sort out the facts.  And, admittedly, multi-part tests sometimes tend to complicate rather than simplify an inquiry; especially one with as many parts as this one. One version of the test was cited and used in a recent federal Ninth Circuit Court of Appeals case (Gale Wheaton v Golden Gate Bridge, Highway & Transportation District, et al).  As the court stated, “Factors that may be considered under the Hawkins County test in determining whether the entity’s actual operations and characteristics support the conclusion that it is a subdivision of a state include: - whether the entity was created by state law; - whether the entity was granted all the powers necessary to exercise its functions; - whether the entity has the power of eminent domain; - whether the entity has the power to assess or collect taxes; - the entity’s status under state law; - whether the entity is exempt from federal taxation; - whether the entity’s operations are subject to public hearing and its records open to the public; - whether the officials administering the entity are responsible to the public or public officials; - whether social security benefits for the entity’s employees are provided through voluntary rather than mandatory coverage; - whether the entity’s officers receive nominal compensation; and - whether the entity has the power of subpoena.” The answers to these questions do not have to be unanimous one way or the other.  Taken together, they provide an analytical framework for determining if the port authority or other entity is governmental. I usually prefer the less complex “I know it when I see it” type of test.  At any rate, most of the port authorities I’ve come across seem to have sufficient governmental attributes to qualify as subdivisions under section 903(b).  But you should use the eleven point test set out above whenever a question arises with regard to Longshore Act coverage for a port authority. One thing to watch out for:  if a private contractor goes to work on a governmental port authority contract, is it possible that an employee of the port authority, normally excluded under section 903(b), could come under Longshore Act coverage as an “employee” of the private contractor by virtue of the application of the borrowed employee doctrine?  I would say yes.  Of course, this would be an exposure problem for the private contractor and not for the port authority. As usual, resolve any doubt in favor of getting coverage. --- #### **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? Click Here](https://no-cache.hubspot.com/cta/default/21001141/4124b689-df59-4626-adb4-e97478e404ba.png)](https://cta-redirect.hubspot.com/cta/redirect/21001141/4124b689-df59-4626-adb4-e97478e404ba) ### Share: - [![Tell a Friend](https://blog.amequity.com/hubfs/raw_assets/public/Amequity_Feb2022/images/share-icon.png)](mailto:?&subject=Port%20Authorities&body=https://blog.amequity.com/longshore-insider/article/port-authorities) - ![Post to LinkedIn](https://blog.amequity.com/hubfs/raw_assets/public/Amequity_Feb2022/images/linkedin-icon.png) - ![Share to Facebook](https://blog.amequity.com/hubfs/raw_assets/public/Amequity_Feb2022/images/facebook-icon.png) - ![Share on Twitter](https://blog.amequity.com/hubfs/raw_assets/public/Amequity_Feb2022/images/Twitter-icon.png) ## About the Author The American Equity Underwriters, Inc. (AEU) delivers specialized coverage and risk management solutions to waterfront employers across the United States. 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 [Coverage](https://blog.amequity.com/longshore-insider/article/tag/coverage), [Status](https://blog.amequity.com/longshore-insider/article/tag/status), [Employer](https://blog.amequity.com/longshore-insider/article/tag/employer), [Employees](https://blog.amequity.com/longshore-insider/article/tag/employees), [Court Cases](https://blog.amequity.com/longshore-insider/article/tag/court-cases) ## 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) 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) Sep 25, 2025 #### [Part One: Review of Insurance Compliance Provisions Under the Longshore Act](https://blog.amequity.com/longshore-insider/article/part-one-review-of-insurance-compliance-provisions-under-the-longshore-act) May 21, 2025 #### [When Are Maritime Injuries Covered? USL&H Explained](https://blog.amequity.com/longshore-insider/article/maritime-injuries-uslh-insurance-guide) ## Legal Disclaimer Views expressed here do not constitute legal advice. The information contained herein is for general guidance of matter only and not for the purpose of providing legal advice. Discussion of insurance policy language is descriptive only. Every policy has different policy language. Coverage afforded under any insurance policy issued is subject to individual policy terms and conditions. Please refer to your policy for the actual language. 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