§ 20 of the 1915 Act provided: "That in any suit to recover damages for any injury sustained on board vessel or in its service seamen having command shall not be held to be fellow-servants with those under their authority.
[5] The Act was passed in part in response to the Supreme Court's prior ruling in Chelentis v. Luckenbach S.S. Co., that did not provide remedies for an injured fireman because it was caused by a superior officer who was considered a member of the crew and not a fellow servant.
[8] Wilander interprets Congress's use of the term to be the "established meaning" in general maritime law up to the passing of the Jones Act.
The use of the term prior to the Jones Act was extremely broad, including "not only sailors and ship's officers of all known types but also bartenders, cabin boys, carpenters, chambermaids, clerks, cooks, coopers, divers, doctors, dredge workers, engineers, firemen, fishermen, harpooners, horsemen, interpreters, masons, muleteers, musicians, pilots, pursers, radio operators, seal hunters, stewards, surveyors, and waiters".
But words are flexible ... We cannot believe that Congress willingly would have allowed the protection to men engaged upon the same maritime duties to vary with the accident of their being employed by a stevedore rather than by the ship.
The test from Johnson v. John F. Beasley Const was whether the employee made "a significant contribution to the maintenance, operation, or welfare of the transportation function of the vessel".
[19] Additionally, to qualify as a seaman under the Jones Act, a maritime worker must have spent 30% of their career aboard a vessel in navigable waters.