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Click here for the full text of this decision FACTS:Bret Tarver was a welder hired by Bo-Mac Contractors to build two barge slips on vacant, dry land near the intracoastal waterway in Carlyss, La., when he was seriously injured. At the time of the accident the site where the construction was underway had been laid with slip holes, but the land had not been cleared away to reach the waterway. After the injury, however, Bo -Mac eventually filled the slips with water. Tarver filed suit against Bo-Mac. Part of his suit was brought under the Longshore and Harbor Workers’ Compensation Act. An administrative law judge awarded Tarver benefits under the LHWCA, then denied Bo-Mac’s motion for reconsideration. The Benefits Review Board reversed, finding Tarver’s injury did not occur on a situs that is covered by the LHWCA. HOLDING:Affirmed. The court rejects Tarver’s argument that he is entitled to relief under the LHWCA because the construction site would, at some point in the future, serve a maritime purpose. “It is uncontested that the Bo-Mac construction site, at the time of Tarver’s injury, was not serving a maritime purpose. Further, Tarver acknowledges that the site had not previously facilitated navigation. As a result, our authority makes clear that such a situs does not meet the requirements of the LHWCA.” OPINION:Per curiam.

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