United States Ninth Circuit

In a petition for review of the denial of workers' compensation benefits under the Outer Continental Shelf Lands Act (OCSLA) and the Longshore and Harbor Workers' Compensation Act (LHWCA) based on an injury on an offshore drilling platform, the petition is granted in part where: 1) the most natural reading of the OCSLA provided coverage for any injury caused by outer continental shelf operations regardless of where the injury occurred; 2) Congress intended to provide LHWCA coverage regardless of the applicability of state law; and 3) the OCSLA claimant must establish a substantial nexus between the injury and extractive operations on the shelf. However, the petition is denied in part where petitioner was not entitled to LHWCA benefits, on the ground that the drilling platform's use as a convenient dumping ground for scrap metal did not convert it into a maritime situs.

Appellate Information

• Argued 03/09/2010
• Decided 05/13/2010
• Published 05/13/2010

Judges

• Before STEPHEN REINHARDT and JAY S. BYBEE, Circuit Judges, and JAMES V. SELNA,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Timothy K. Sprinkles, Law Office of Charles D. Naylor, San Pedro, CA, and Joshua T. Gillelan II, Longshore Claimants' National Law Center, Washington, DC, for the petitioner.


• For Appellees:
  
• Michael W. Thomas, Laughlin, Falbo, Levy & Moresi LLP, San Francisco, CA, for the respondents.