In the 1994 case Director, Office of Workers' Compensation Programs, Department of Labor v. Newport News Shipbuilding and Dry Dock Company et al., the U.S Supreme Court addressed whether a provision in the Longshore and Harbor Workers’ Compensation Act (LHWCA) allowed for compensation to be paid directly to an injured worker's spouse upon their death. The court ruled that under Section 9(g) of LHWCA, benefits could only be transferred from a deceased employee to his or her surviving spouse if they were living together at the time of death or if they were dependent on each other for support. This decision was based on statutory interpretation principles which dictate that where Congress includes particular language in one section but omits it in another section within same act, it is presumed that Congress acts intentionally and purposely with such exclusion.

In the dissenting opinion for the case of Director, Office of Workers' Compensation Programs, Department of Labor v. Newport News Shipbuilding and Dry Dock Company et al., Justice Scalia disagreed with the majority's interpretation that "employee" in Section 2(3) of Longshore and Harbor Workers' Compensation Act (LHWCA) includes retirees. He argued that this interpretation was inconsistent with other sections where it clearly referred to current employees only. Furthermore, he pointed out that Congress had made specific provisions for retired workers in other legislation which suggested they did not intend to include them under LHWCA. Lastly, he criticized the majority’s reliance on legislative history rather than clear statutory text as a basis for their decision.