Owensby & Kritikos, Inc. v. Boudreaux, No. 19-60610 (5th Cir. 2021)Annotate this Case
James Boudreaux was injured during his employment by Owensby & Kritikos, Inc. as an equipment-testing technician on platforms located on the Outer Continental Shelf (OCS). Plaintiff's injury resulted from an automobile accident on his way to his work for Owensby on the OCS. Primarily at issue in this case is whether, in light of Pacific Operators Offshore, LLP v. Valladolid, 565 U.S. 207 (2012) (establishing substantial-nexus test), an onshore injury en route to a rig platform on the OCS is recoverable under the Longshore and Harbor Workers' Compensation Act (LHWCA), as extended by the Outer Continental Shelf Lands Act (OCSLA). The ALJ determined that Boudreaux's injury arose out of, and occurred in the course of, his employment by Owensby; and, Boudreaux's injury had a substantial nexus to extractive operations on the OCS. The BRB affirmed.
The Fifth Circuit applied the substantial-nexus test in Valladolid, holding that Boudreaux's injury is covered under OCSLA. Among the facts relevant to the court's inquiry, the court found persuasive Boudreaux's: being compensated by Owensby for both time and onshore mileage while traveling to and from the OCS; being on-the-job when he was injured; necessarily traveling to an intermediary pickup location to be transported from onshore to the OCS; and transporting his testing equipment in his vehicle. Furthermore, Owensby had another employee pick up Boudreaux's testing equipment to take it to the OCS after his accident. Therefore, each of these factors support Boudreaux's injury occurring as the result of operations conducted on the OCS. The court denied Owensby's petition for review, dismissed Boudreaux's cross-application based on lack of jurisdiction, and granted Boudreaux's request for reasonable attorney's fees incurred in defending against the petition, pending the court's decision on the amount to be awarded.