Federal Court Of Appeals Considers Scope Of Outer Continental Shelf Lands Act Workers' Compensation
The Federal Court of Appeals for the Ninth Circuit recently handed down a decision that addressed whether a “situs of injury” test applies when determining if an injured maritime worker is entitled to workers’ compensation benefits under the Outer Continental Shelf Lands Act (OCSLA).
The Ninth Circuit noted that two other circuits had reached conflicting conclusions on thesame issue. The Third Circuit had rejected a situs-of-injury test in favor of a "but for" test in establishing that an injury occurred "as the result of" operations on the outer continental shelf. The Fifth Circuit, meanwhile, had adopted a situs-of-injury requirement for OCSLA claims. Beyond that, the Ninth Circuit said, there was little precedential authority on the question. Thus a split of authority exists on this important issue of maritime injury law.
For a discussion of the standard adopted by the Ninth Circuit, please visit Arnold & Itkin LLP's admiralty and maritime injury law blog at GulfCoastMaritime.com.
If you have questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.
