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MILLS v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 87-4464.

877 F.2d 356 (1989)

O'Neal MILLS, Sr., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, McDermott, Inc., & Crawford and Company, Respondents.

United States Court of Appeals, Fifth Circuit.

July 14, 1989.

Attorney(s) appearing for the Case

Lawrence A. Arcell and Barker, Boudreaux, Lamy & Foley, New Orleans, La., for petitioner.

John J. Weigel, and John Gomila, New Orleans, La., for amicus Avondale.

Maurice C. Hebert, Jr. and Alan G. Brackett, New Orleans, La., for amicus Petroleum.

Joseph W. Looney, Michael R.C. Riess and House, Looney, Golden, Kingsmill & Riess, New Orleans, La., for McDermott & Grawford.

Joshua T. Gillelan, II, Washington, D.C., for Director, OWCP, U.S. Dept. of Labor.

James F. Holmes, Christovich & Kearney, New Orleans, La., for amicus, Brown & Root and Gulf Marine.

Darrel E. Reed, Jr., E. John Gorman, James E. Doyle, Houston, Tex., for amicus curiae, American Petroleum Inst., et al.

Before CLARK, Chief Judge, GEE, RUBIN, REAVLEY, POLITZ, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH and DUHE, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

We granted rehearing en banc to determine whether appellant, O'Neal Mills, a land-based welder injured while building an offshore oil platform in Amelia, Louisiana, qualifies for benefits under the Longshore & Harbor Workers' Compensation Act (LHWCA) as incorporated in the Outer Continental Shelf Lands Act (OCSLA). Because we conclude that OCSLA's provision adopting LHWCA includes a situs of injury requirement that Mills did not...

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