Wilson v. Zapata Off-Shore Co

In Wilson v. Zapata Off-Shore Co., 939 F.2d 260 (5th Cir. 1991), the Fifth Circuit concluded that a Longshore and Harbor Workers' Compensation Act (LHWCA) claim did not toll the three-year statute of limitations applicable to the plaintiff's Jones Act claim. As the Wilson Court noted, when faced with the prospect of alternative and even mutually exclusive forums, a plaintiff can file a "protective Jones Act claim." Id. at 268.