OWENSBY & KRITIKOS v. DIR., OFF. OF WORKERS' COMP.

No. 19-60610.

997 F.3d 587 (2021)

OWENSBY & KRITIKOS, INCORPORATED; Louisiana Workers' Compensation Corporation, Petitioners Cross-Respondents, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent, v. James Boudreaux, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

Filed May 14, 2021.


Attorney(s) appearing for the Case

David Keith Johnson, Esq. , Johnson, Rahman & Thomas, for Petitioner/Cross-Respondents.

Tonya R. Smith , Lafayette, LA, for Respondent/Cross-Petitioner James Boudreaux.

Matthew W. Boyle , U.S. Department of Labor, Office of the Solicitor, Washington, DC, David Duhon , U.S. Department of Labor, OWCP/DLHWC, New Orleans, LA, Rae Ellen James , Associate Solicitor, U.S. Department of Labor, Office of the Solicitor, Washington, DC, Mark A. Reinhalter , Counsel, U.S. Department of Labor, Office of the Solicitor, Washington, DC, Thomas O. Shepherd, Jr., Esq. , Clerk of the Appellate Boards, Benefits Review Board, Washington, DC, for Respondent Director, Office of Workers' Compensation Programs, United States Department of Labor.

Before Barksdale, Southwick, and Graves, Circuit Judges.


Primarily at issue, in the light of Pacific Operators Offshore, LLP v. Valladolid, 565 U.S. 207, 132 S.Ct. 680, 181 L.Ed.2d 675 (2012) (establishing substantial-nexus test), is whether an onshore injury en route to a rig platform on the Outer Continental Shelf (OCS...

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