The Court issued only one published opinion today.
In Peru v. Office of Workers’ Compensation Programs, the Ninth Circuit held that a worker employed by the exclusive provider of photographic services on the U.S.S. Missouri was employed in a retail sales capacity. Because the nature of the work performed related to retail sales, the worker would not be eligible to receive worker’s compensation under the Longshore and Harbors Workers’ Compensation Act unless she was not covered by the state workers compensation plan. The Court rejected the employer’s argument that the worker was per se ineligible for both the state and federal plans. The Court remanded for a determination of whether the worker was covered by the state plan.