A Day At The Beach: Fifth Circuit Rejects Expansive Situs Definition For LHWCA Comp In BP Beach Cleaning Case
The Fifth Circuit recently reversed, per curiam, a district court decision finding that a contract worker cleaning oiled beaches near Grand Isle, Louisiana, in the wake of the 2010 Macondo oil spill qualified as a longshoreman for purposes of receiving compensation payments under the Longshore Harbor Workers Compensation Act (LHWCA). Global Mgmt. Enters., LLC v. Commerce & Indus. Ins. Co., 13-31249 (5th Cir. June 23, 2014). The Global decision is the second important decision in as many years from the Fifth Circuit (see also New Orleans Depot Servs. Inc. v. Director, Office of Worker’s Compensation Programs, 718 F.3d 384 (5th Cir. 2013)to address the often problematic nuances of the “situs” requirement for LHWCA compensation claims. (more…)
