the board before the supreme court pointed out that the board is not an agency within the meaning of the principle that affords judicial deference to agency the phrase retail outlet does not encompass a business like sharpshooter spectrums if there is room for doubt on that i think the legislative history reveals that congress used the phrase right to the extent we can credit the legislative history and it's the only hint we have the passage that relates to retail outlet uses the word store the performance of the contract operate the camp all right i don't think that's problematic we can cite that person is employed by hampton i only a slightly loose exclude you say is not a retail operation well i say it is not a retail outlet i think retail operation might be subject to a broad enough construction perhaps retail establishment employment him a number of decisions even before these nineteen eighty four amendments out of the list of exclusions and even if you only work ashore if you're in one of the primary maritime industries cargo handling and ship yard work even if you never go aboard a vessel float on the water you're engaged in maritime one how does a permanent museum play in the us this is a museum is not it is a contract it was supposed to move within three years i believe either two or three years but the association didn't have the money to make the move and the navy has from time to time if stand in their lease on pier after five i stationary for twenty years sitting on the right now hi there well propellers are definitely hung up on a lot of money is there a case in the ninth circuit that we can follow that gets us to a result or do we have to figure out between green inhofe inveighs or where we go  i don't think the distinction between greenhouse and bays or makes any difference i think but but at the same time the answer your first question is no there is not a nice case i think it was a club camp restaurant and not find any a t m in there under claim as reasoning you know there's an a t m they're not exclusively doing club restaurant or retail operation maybe they're doing banking so therefore also apply for long term benefits and although i'm no expert on the whole a worker's compensation law my understanding is that the worker's comp office once they saw that she had applied for longer benefits said well you're lost i mean you're declined you were declined your that we might agree with you on the retail business what about the business about employees that should remain covered even so because the nature of the work to which which they do in the hazards to which they are exposed what about the duties part of those rights in this case claim going to just say well the accident happened on navigable waterways even though she was working for retail outlet and he basically threw away with the reason for having this reach i'll bet exclusion  and unless the court has any other questions i don't have much more to add  that's why she whacked her head on the the overhead ceiling as she went out can you shed some light on her other remedies such as save workman's comp i think mr nothing now has given your accurate account there was the state claim