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sion; and (2) whether the duties of the maritime worker have a "substantial connection" both in duration and in nature to the "vessel in navigation". Since the U.S. Supreme Court's decision in Chandris, many lower courts have had an opportunity to apply the Chandris factors to a wide-range of maritime employees pursuing Jones Act lawsuits. Among these lower courts, the consensus appears to be that nearly any maritime worker can easily satisfy the first prong of the Chandris test. However, courts encounter regular difficulty with the second prong of determining when exactly an indi- vidual has proven his "substantial connection" to the vessel. The U.S. Supreme Court has held that a mar- itime employee who works at least 30% of his time aboard vessels in all likelihood has shown a "substantial connection" to the vessel. Although this "30-percent" rule was intended to streamline courts' analysis of sea- man status, lower courts have taken further steps in articulating the requirements for seaman status. The most notable step has been taken by the Louisiana Supreme Court, which in 1999, in Wisner v. Professional Divers of New Orleans, held that the nature of the maritime employee's work should govern his sea- man status, without regard to the percentage or duration of time spent aboard the vessels. Considering the inher- ent risks faced by all commercial divers, the Louisiana Supreme Court held that it was warranted to focus entirely on the nature of the diver's work without con- sidering the duration of this work experience aboard vessels. Not long after the Louisiana Supreme Court's ruling in Wisner, a Louisiana appellate court embraced the Wisner's Court's creation of the "divers' exception". In Wood v. Subsea International, the Louisiana Fourth Circuit Court of Appeals held that a diver's tender who injured his back while working from an oil platform in the Gulf of Mexico qualified as a "seaman" for purpos- es of the Jones Act. Not surprisingly then, the Louisiana Supreme Court's attempt to carve out a "divers' exception" to the Jones 14 • MarineNews • February, 2005 Legal Beat Unbeatable Quality ISUZU FORD ROBIN VM NEWAGE LOMBARDINI GENERATORS • ENGINES PUMPS PARTS SERVICE 1212 St. Charles St. Houma, LA 70360 Phone: 985-857-8000 / 800-960-0068 www.mlengine.com / sales@mlengine.com Circle 226 on Reader Service Card MN FEB05 (9-16).qxd 1/26/2005 3:39 PM Page 14
