United States Ninth Circuit

The Benefits Review Board's (Board) determination that the injuries petitioner incurred in part during his employment were not covered under the Longshore and Harbor Workers' Compensation Act (LHWCA), is affirmed where: 1) he was not an "employee" as defined by the LHWCA and did not satisfy the status test during his assignment; 2) petitioner's injuries as a worker in foreign ports do not satisfy the situs test for coverage; and 3) the ALJ and the Board correctly ruled that petitioner has not shown that he is entitled to equitable estoppel.

Appellate Information

• Decided 09/20/2012
• Published 09/20/2012

Judges

• Ikuta

Court

• United States Ninth Circuit

Counsel