In accordance with the legislative history and authoritative
decisions as discussed in Secs. 783.28 and 783.29, an employee will
ordinarily be regarded as ``employed as a seaman'' if he performs, as
master or subject to the authority, direction, and control of the master
aboard a vessel, service which is rendered primarily as an aid in the
operation of such vessel as a means of transportation, provided he
performs no substantial amount of work of a different character. This is
true with respect to vessels navigating inland waters as well as ocean-
going and coastal vessels (Sternberg Dredging Co. v. Walling, 158 F. 2d
678; Walling v. Haden, 153 F. 2d 196, certiorari denied 328 U.S. 866;
Walling v. Great Lakes Dredge & Dock Co., 149 F. 2d 9, certiorari denied
327 U.S. 722; Douglas v. Dixie Sand and Gravel Co., (E.D. Tenn.) 9 WH
Cases 285). The Act's provisions with respect to seamen apply to a
seaman only when he is ``employed as'' such (Walling v. Haden, supra);
it appears also from the language of section 6(b)(2) and 13(a)(14) that
they are not intended to apply to any employee who is not employed on a
vessel.
