Hawaii: Surfboards count as ‘vessels’ under the Jones Act – IOTW Report

Hawaii: Surfboards count as ‘vessels’ under the Jones Act

Wa Ex: It turns out the nearly 100-year-old federal law doesn’t just apply to shipping vessels, but other qualifying vessels such as surfboards and kayaks, which negatively affects workers’ compensation insurance for small businesses in Hawaii.

The Jones Act or “Merchant Marine Act of 1920” is a federal protectionist law that governs maritime activities and provides seamen with a personal injury negligence remedy. The federal law increases costs to ship owners and consumers by requiring shipping vessels transporting goods between U.S. ports to be built in and flagged by the U.S. and also to be 75 percent owned and crewed by Americans. The federal law not only increases the cost of living for Hawaii residents, but now it also affects small recreational water-sport businesses.

A simple change in the federal law to exclude recreational water-sport vessels from the Jones Act would reduce premium costs for businesses, which would only have to purchase and comply with state coverage rules.

The problem begins with two flawed Supreme Court rulings. In 1995, the court ruled in Chandris, Inc., v. Latsis that any employee spending less than 30 percent of his annual work time servicing a “vessel” on navigable waters is not a “seaman” under the Jones Act. In 2005, in Stewart v. Dutra Construction Co ., the court determined the word “vessel” includes “every description of water-craft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” This includes everything from large shipping vessels to crafts as small as surfboards and kayaks.  more here

10 Comments on Hawaii: Surfboards count as ‘vessels’ under the Jones Act

  1. This story leads me to recall taking my windsurfer to Seneca Lake in Ohio, about 38 years ago. Some uniformed idiot at the boat ramp told me I couldn’t go onto the lake until I had a haul number, proof of insurance, various safety equipment, including a paddle & an anchor. An anchor, really? Where do you think I ought to store it ? I did the logical thing. Drove around the shore till I found a place where I could park & get into the water -absent self-important authorities, went sailing for three or 4 hours, then went home. Never to return.

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  2. Funny how a law meant for ocean-going ships has to cover every vessel down to a dugout canoe, but a constitutional amendment for the right to bear arms is being whittled down to only butter knives.

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  3. Anyone that works in the medical field is probably aware of the ICD 10 codes. It’s how the government wants to put a computer code of everything that comes in for a diagnosis or cause. Totally outrageous and ridiculous. The dumb asses that wrote this B.S. and whomever approved it need a 3H enema. High, hot and a hell of a lot.

    For example, a code for your water skies catching on fire.

    https://www.icd10data.com/ICD10CM/Codes/V00-Y99/V90-V94/V91-/V91.07XA

    ICD-10-CM Codes › V00-Y99 External causes of morbidity › V90-V94 Water transport accidents › V91- Other injury due to accident to watercraft ›

    2018/2019 ICD-10-CM Diagnosis Code V91.07XA
    Burn due to water-skis on fire, initial encounter

    2016 2017 2018 2019 Billable/Specific Code POA Exempt

    V91.07XA is a billable/specific ICD-10-CM code that can be used to indicate a diagnosis for reimbursement purposes.
    The 2018/2019 edition of ICD-10-CM V91.07XA became effective on October 1, 2018.
    This is the American ICD-10-CM version of V91.07XA – other international versions of ICD-10 V91.07XA may differ.

    ICD-10-CM Coding Rules

    V91.07XA describes the circumstance causing an injury, not the nature of the injury.

    The following code(s) above V91.07XA contain annotation back-references
    that may be applicable to V91.07XA:

    V00-Y99
    External causes of morbidity
    V91
    Other injury due to accident to watercraft
    V91.0
    Burn due to watercraft on fire

    Present On Admission
    V91.07XA is considered exempt from POA reporting.
    Convert V91.07XA to ICD-9-CM

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