Our insured provides Surf Instruction. One of their employees was injured while holding 2 surfboards. One under each arm along shoreline. IW braced himself for the impact of strong wave, resulting in him dislocating shoulder. The WC Carrier is denying coverage stating WC does not apply to surf instructors and the Jones Act applies. In reviewing the Jones Act, that seems to be related to employees working on sea vessels and not merely a surf instructor. Question: 1. Would WC apply to this injured surf instructor? 2. If WC does not apply, do you know of endorsements or other type of policies that may apply for an injured surf instructor while injured on the job?

I tried uploading the WC policy but the file is too large. I am attaching a portion of the policy. 

Thank you for your assistance.

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis