This is a review of the determination of the Benefits Review Board that the claimant was entitled to compensation benefits under the Longshore and Harbor Workers' Compensation Act, from the petitioner, New Orleans Depot Services Inc. The Sidwell definition of "adjoining" navigable water is adopted, to mean "border on" or "be contiguous with" navigable waters. Because the NODSI facility where the claimant worked did not border on navigable waters, it was not a covered situs and the claimant is entitled to no benefits under the act. The BRB award is vacated and remanded. 5th U.S. Circuit Court of Appeals, No. 11-60057, 04-29-2013.
New Orleans Depot Services Inc. v. Director, Office of Worker's Compensation Programs
May 2, 2013