With respect to the second, or substantial connection prong of the test, Supreme court emphasized that the “fundamental purpose” of this requirement is “to separate the sea-based maritime employees who are entitled to Jones Act protection from those land-based workers who have only a transitory or sporadic connection to a vessel in navigation, and therefore whose employment does not regularly expose them to the perils of the sea.”
Applying these principles, the Court held there was sufficient factual evidence to deny Riversides motion for summary judgment and to allow the issue to be decided by the jury.
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