In Accu- Fab & Construction Co., Inc. v. Ladner, NO. 96-CA-00692-COA (Miss. Ct. App. March 14, 2000), cert. granted June 22, 2000, the Court held that an employer covered by the Longshoremen and Harbor Workers' Compensation Act, 33 U.S.C. 901, cannot be considered for apportionment of fault. The Court reasoned that the plaintiff as an employee was the alter-ego of the employer, and the only recovery available was through workers' compensation. Id. Therefore, the plaintiff did not have the option of suing under a negligence theory and should be not penalized for that inability. Id.