DEPOT SERVICES v. WORKER'S COMPENSATION PROGRAMS

No. 11-60057.

718 F.3d 384 (2013)

NEW ORLEANS DEPOT SERVICES, INCORPORATED, Petitioner v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. Department of Labor; New Orleans Marine Contractors; Signal Mutual Indemnity Association Limited, Respondents.

United States Court of Appeals, Fifth Circuit.

April 29, 2013.


Attorney(s) appearing for the Case

Kenneth G. Engerrand , I, Brown Sims, P.C., Houston, TX, Anne Derbes Wittmann , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, for Petitioner.

Matthew W. Boyle , Rae Ellen James , Associate Solicitor, Mark Ambrose Reinhalter , Counsel, U.S. Department of Labor, Office of the Solicitor, Washington, DC, David Duhon , U.S. Department of Labor. Douglas P. Matthews , Andrew Joseph Quackenbos , King, Krebs & Jurgens, P.L.L.C., New Orleans, LA, for Respondents.

Before STEWART, Chief Judge, and KING, JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, and HIGGINSON, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

In this case, we review the determination of the Benefits Review Board ("BRB") that the claimant, Juan Zepeda, was entitled to compensation benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA" or "the Act"), from Petitioner New Orleans Depot Services, Inc. ("NODSI").

In particular, the BRB found that the claimant's employment activities with NODSI took place in an area or location "adjoining" navigable...

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