The opinion of the court was delivered by: HOWARD MUNSON, Senior District Judge
On January 24, 2003, defendant filed a motion for summary
judgment in this matter seeking a determination that decedent Rocco Morganti, at the time
of his fatal accident, was not covered by the Longshore and
Harbor Workers' Compensation Act, ("LHWCA"),
33 U.S.C. §§ 901-950, therefore, his survivors were not eligible to receive
death benefits under this statute.
On March 28, 2003, plaintiff filed a cross motion requesting
partial summary judgment on the issue of whether the decedent was
a covered employee under the LHWCA based on the underlying
material facts of the case. (This motion was received by the
Court on June 9, 2002, but was considered filed as of March 28,
2003, pursuant to the CJRA reporting requirements instituted
March 1, 2000. It is listed on the Docket at # 33).
On February 17, 2004, while these two motions were awaiting
consideration, the Benefits Review Board of the United States
Department of Labor issued a decision reversing the findings of
the Department of Labor Administrative Law Judge that the
decedent was not covered by the LHWCA, thereby making the Estate
of Rocco Morganti eligible to apply for death benefits under the
Defendant appealed this opinion to the Second Circuit Court of
Appeals pursuant to LHWCA, 33 U.S.C. § 921(c). On June 24, 2005,
the Court of Appeals affirmed the decision of the Benefits review
Board thereby dispelling any need for this court to consider
neither defendant's nor plaintiff's pending motions.
Accordingly, defendant's summary judgment motion, and
plaintiff's cross motion for partial summary judgment are
DENIED as moot.
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