BPU Mgmt., Inc., et al. v. DOWCP, et al., No. 12-60289 (5th Cir. 2013)
Annotate this CaseThe Benefits Review Board ordered Sherwin to pay respondent benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. 901-950, when respondent, a dockworker, was injured in one of Sherwin's waterside ore processing facilities. The court concluded that respondent's injury did not occur on a LHWCA-covered situs because the underground transport tunnel where respondent was injured was not used in the vessel-unloading process under section 903(a). Accordingly, the court granted Sherwin's petition for review and remanded to the Board to dismiss respondent's claim.
The court issued a subsequent related opinion or order on October 10, 2013.
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