Wood Grp. Prod. Servs. v. Dir., Office of Workers' Compensation Programs

930 F.3d 733
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 22, 2019
DocketNo. 18-60542
StatusPublished
Cited by6 cases

This text of 930 F.3d 733 (Wood Grp. Prod. Servs. v. Dir., Office of Workers' Compensation Programs) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wood Grp. Prod. Servs. v. Dir., Office of Workers' Compensation Programs, 930 F.3d 733 (5th Cir. 2019).

Opinion

STUART KYLE DUNCAN, Circuit Judge:

*735Luigi Malta was injured while unloading a vessel on a fixed platform in the territorial waters of Louisiana. Malta made a claim against his employer, Wood Group Production Services (Wood Group), under the Longshore and Harbor Workers' Compensation Act. To enjoy coverage under the Act, a claimant must show both that he was in a place covered by the Act (situs) and that he was engaged in maritime employment (status). The Benefits Review Board concluded that because Malta-who spent 25 to 35 percent of his working hours loading/unloading vessels-was injured while unloading a vessel on a platform customarily used for that task, Malta satisfied both the situs and status requirements. We deny Wood Group's petition for review.1

I.

Wood Group, which staffs personnel for clients in the oil and gas industry,2 employed Malta as a warehouseman for the Black Bay Central Facility (Central Facility), a fixed platform located in the territorial waters of Louisiana.3 Central Facility provides support services for oil and gas production occurring at various satellite production platforms in the Helis Black Bay Field. Twenty-two workers, including Malta, lived, worked, and slept at Central Facility, which comprises four separate platforms, connected by catwalks. A warehouse sits on one of these platforms, and in it the workers stored supplies and tools necessary for their sustenance and operations. Three cranes, located at various parts of Central Facility, assisted the workers as they loaded and unloaded these supplies from vessels, which often came from Venice, Louisiana. When workers on the satellite platforms required tools for their operations, the necessary items were taken from the warehouse and loaded onto vessels by crane. The vessels then travelled to the satellite platforms with these supplies.

Malta worked twelve hours each day-from sunup to sundown-seven days per week at Central Facility (and then he would rest shoreside for seven days). He never worked on any of the satellite platforms. His primary duties included ordering, receiving, and maintaining all supplies and equipment at the Central Facility warehouse. It is undisputed that, although not listed among his official job duties, a significant portion of Malta's "hitch" (shift), was dedicated to loading and unloading vessels arriving at and leaving from Central Facility. Wood Group's project manager, Ray Pitre, testified that this was a "big part" of Malta's job. And Malta testified that he spent roughly 25 to 35 percent of each hitch loading and unloading vessels.

Malta explained that he regularly would load/unload all sorts of things into/from the vessels: "It can be anywhere from piping to big valves, compressors, drinking water supplies, various items, nothing in particular everyday. It's just whenever we order and something is needed, [I] pull it off the work barge or the water barge." Pitre similarly testified that Malta would unload "a various assortment of things from rags to repair parts to nitrogen cylinders to valves and phalanges ... [because] the oil industry uses just a vast assortment of *736supplies." During a typical 12-hour hitch, if a group of workers on a "satellite platform needed additional supplies and equipment," Malta "would help load the field boat." This required Malta, "depending on exactly what it was [and] how big it was, [to] put it on a basket, and send it down to the boat and then off to the respective platform or field operator." Malta testified that there was "no difference" between his duties and those of "a dock worker loading and unloading" vessels in Venice.

Malta was injured when unloading a boat owned by a third party. He received a call seeking help to offload something coming up from the boats (which had come from one of the satellite platforms). Malta did not go onto the vessel to retrieve the item. Rather, it was "sent up to [him] via crane" while he was standing on the platform in front of the warehouse. As the basket was coming up, he "grabbed the tag line, pulled it in[,] and as the basket collapsed," Malta saw that the item was a CO2 cannister-which had been mistakenly marked as empty. While Malta was removing the cannister from the cargo basket, it exploded, and he was injured.

Malta made a claim for benefits against Wood Group under the Longshore and Harbor Workers' Compensation Act (LHWCA or Act), 33 U.S.C. § 901, et. seq . By way of background, the Act "provides compensation for the death or disability of any person engaged in 'maritime employment,' " under certain conditions. Herb's Welding, Inc. v. Gray , 470 U.S. 414, 415, 105 S.Ct. 1421, 84 L.Ed.2d 406 (1985). Wood Group contested Malta's claim for benefits. None of the facts was disputed, and the only question was whether Malta was qualified to recover under the Act. After a hearing, an Administrative Law Judge (ALJ) initially ruled against Malta, concluding "that [because] the fixed platform on which [Malta] worked" was not covered under the Act, there was no jurisdiction to consider his claim. In light of this holding, the ALJ did not initially decide whether Malta enjoyed maritime status under § 902 of the Act.

The Benefits Review Board (Board) reversed the ALJ's decision, concluding the ALJ misapplied this court's precedent and the plain language of the statute. It held that Malta's "injury occurred on a covered situs" and remanded the case so that the ALJ could address Malta's status.

On remand, once again, none of the facts was in dispute. The only question was whether Malta enjoyed maritime status. The ALJ found that, because Malta "loaded or unloaded the cargo from a ship or vessel, he was performing a traditional maritime activity" and satisfied "the status requirement of the Act." Wood Group appealed to the Board, which affirmed the ALJ's decision.

Having exhausted its options before the Department of Labor, Wood Group filed a petition for review with this court, arguing that Malta cannot recover under the Act because he lacks status and his injury did not occur on a covered situs. Both Malta and the Director of the Office of Worker's Compensation Programs4 filed briefs defending the Board's decision.

II.

If "the facts are not in dispute"-as is true of this appeal-then whether a worker is covered under the Act presents a "pure question of law" that "is an issue of statutory construction and legislative intent."

*737New Orleans Depot Servs., Inc. v. DOWCP (Zepeda) ,

Related

Cite This Page — Counsel Stack

Bluebook (online)
930 F.3d 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-grp-prod-servs-v-dir-office-of-workers-compensation-programs-ca5-2019.