California, United States of America
The following excerpt is from CNA Ins. Co. v. Workers' Comp. Appeals Bd., 58 Cal.App.4th 211, 68 Cal.Rptr.2d 115 (Cal. App. 1997):
In Duong v. Workers' Comp. Appeals Bd. (1985) 169 Cal.App.3d 980, 215 Cal.Rptr. 609, the court held that a land-based shipyard worker was entitled to receive state workers' compensation benefits for injuries incurred while making repairs on a vessel floating in federal navigable waters but tied to a dock, activities covered by both LHWCA and state compensation laws. The court further held that "when dual federal and state coverage is available, simultaneous applications under each act is permitted because the delay in determining whether both or only one of the acts covers injuries incurred in employment arguably overlapping both the state and federal jurisdictions, may allow a statute of limitations to run for claims where the applicant files only with an agency lacking jurisdiction. Where concurrent jurisdiction allows coverage under both the state and federal acts, there is no danger of double recovery because an employer's contributions under one will be credited against the other. (Calbeck v. Travelers Insurance Co. (1962) 370 U.S. 114, 131 [82 S.Ct. 1196, 1205, 8 L.Ed.2d 368].)" (Id. at p. 982, 215 Cal.Rptr. 609.)
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