Crane Operator May Have “Seaman” Status under Jones Act

When is a crane operator hired by a GC to run a crane mounted on a derrick barge for a project to rehabilitate a cruise line terminal actually a "seaman" protected by the federal Jones Act? 

Traylor Brothers found out in this 9th Circuit case that the answer is "it depends."  The Court reversed summary judgment for Traylor & remanded for a trial on the merits, holding the crane operator was entitled to have the jury decide the issue.  Under the Jones Act, a "seaman" is permitted to sue in tort for damages and is not limited to recovery of workers comp benefits.