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VALLADOLID v. PACIFIC OPERATIONS OFFSHORE, LLP

No. 08-73862.

604 F.3d 1126 (2010)

Luisa VALLADOLID, Petitioner, v. PACIFIC OPERATIONS OFFSHORE, LLP; Insurance Company of the State of Pennsylvania; and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 2010.

Attorney(s) appearing for the Case

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.

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

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

SELNA, District Judge:

In this case, we consider whether an employee must be injured on the outer continental shelf to be eligible for workers' compensation benefits under the Outer Continental Shelf Lands Act ("OCSLA"), 43 U.S.C. § 1331 et seq. The two other circuits that have considered this question have reached conflicting conclusions.

I.

Decedent Juan Valladolid worked for Pacific Operations...

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