Law Offices of Charles D. Naylor

Expert legal representation for maritime workers and cruise ship passengers.

310-514-1200
  • Free Injury Hotlines
    • Cruise Injury Hotline
    • Longshore Injury Hotline
    • Seamen Injury Hotline
    • Shipyard Injury Hotline
  • Practice Areas
    • Maritime Personal Injury
    • Jones Act
    • Cruise Ship Injury
    • Commercial Fishing Injury
    • Longshore & Harbor Workers
    • Shipyard Accidents Attorney
    • Maritime Wrongful Death
    • Maritime Trucking Accidents
    • Boating Accidents
    • Catastrophic Injury
    • Death on the High Seas Act (DOHSA)
    • Defense Base Act
  • About Us
    • Charles D. Naylor
    • How We Work
  • Client Reviews
    • Verdicts & Settlements
    • Longshore Worker Wrongful Death Claim
    • Client Satisfaction Survey
  • Legal Resources
  • Videos
    • Injured At Work?
    • How To Choose The Best Doctor
    • What Is The Longshore Act?
    • Cruise Ship Injuries: Know Your Rights!
    • Naylor: Attorney of the Year Finalist
    • Defense Base Act
    • Commercial Fishing Accidents
    • What Is The Jones Act?
    • How To Document An Accident Scene At Work
  • Blog
  • Contact
You are here: Home / Longshore and Harbor Workers' Compensation Act / Defending Offshore Oil Workers’ Rights to the U.S. Supreme Court

August 25, 2011 By naylorlaw

Defending Offshore Oil Workers’ Rights to the U.S. Supreme Court

On October 11, 2011, the Law Offices of Charles D. Naylor, a maritime personal injury law firm, will present arguments to the United States Supreme Court regarding the availability of workers’ compensation benefits under the Outer Continental Shelf Lands Act.

Naylor_Sprinkles_Supreme Court_captionEarlier this year, the Supreme Court granted review of the Ninth Circuit’s opinion in Valladolid v. Pacific Operations Offshore, LLP. In that case the Ninth Circuit held that the workers’ compensation provision of the Outer Continental Shelf Lands Act applies to an injury resulting from operations on the outer continental shelf, regardless of the location of the injury, so long as the work being performed at the time of the injury directly furthers operations on the outer continental shelf and occurs in the regular course of such operations.

Now, in Pacific Operators [sic] Offshore v. Vallodolid, the Supreme Court will address disagreement among circuit courts of appeals as to the scope of the Outer Continental Shelf Lands Act.

The underlying claim arose when Juan Valladolid was killed on the job as a roustabout for Pacific Operations Offshore, LLP. While Valladolid worked primarily on a drilling platform more than three miles offshore, he was killed in a forklift accident while working temporarily at his employer’s onshore oil processing facility.

Valladolid’s widow hired the Law Offices of Charles D. Naylor to prosecute a claim for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA), both directly under the LHWCA and via the Outer Continental Shelf Lands Act (OCSLA).

The Longshore and Harbor Workers’ Compensation Act is a federal law that provides compensation for the disability or death of a maritime employee where such results from an injury occurring on “navigable waters” of the United States, at marine terminals, ship yards or on “adjacent areas” used for loading or unloading of ships, ship construction or repair. LHWCA benefits are extended to workers on oil and gas platforms located at least three miles off shore by the Outer Continental Shelf Lands Act (OCSLA).

When an administrative law judge and a Benefits Review Board denied the claim, base on a 5th Circuit Court of Appeals decision requiring that the injury or death actually occur on the outer continental shelf (more that three miles from shore), Valladolid’s widow and the Law Offices of Charles D. Naylor appealed the case to the 9th Circuit Court of Appeals. The 9th Circuit found that the OCSLA does not require that injury or death actually occur more that three miles from shore for coverage to apply. Instead, the 9th Circuit held that OCSLA benefits apply even if an injury occurs ashore, so long as the work being done at the time and place of the injury or death directly furthered operations on the outer continental shelf; and the injury or death was in the course and scope of the workers off shore employment.

The U.S. Supreme Court agreed to hear Valladolid’s employers appeal to resolve the dispute between the circuits of Court of Appeals concerning the jurisdiction and scope of the OCSLA.

Filed Under: Longshore and Harbor Workers' Compensation Act, Maritime, Outer Continental Shelf Lands Act, Supreme Court

Get a
Free Case Review

Are You Injured?

  • Cruise Injury Hotline
  • Longshore Injury Hotline
  • Seamen Injury Hotline
  • Shipyard Injury Hotline

Know Your Rights

  • Injured At Work? Here’s What You Need to Know
  • How To Document An Accident Scene At Work
  • How To Choose The Best Doctor For Your Compensation Claim
  • Commercial Fishing Accidents: What You Should Know
  • Defense Base Act: Coverage, Benefits and Compensation
  • What Is The Jones Act?
  • What Is The Longshore And Harbor Workers’ Compensation Act?
  • Cruise Ship Injuries And Your Rights
  • Charles D. Naylor Named Consumer Attorney of the Year Finalist
Best Lawyers Lawyer of the Year Charles D. Naylor Certified Specialist_Charles D. Naylor
Workers Injury Law and Advocacy Group_Charles D. Naylor American Association for Justice_Charles D Naylor

Subscribe to Our Newsletter

Connect

Copyright © 2023 · NaylorLaw.com. All Rights Reserved. · Privacy Policy · Disclaimer · Sitemap · Call Us Toll-Free: 888-440-5829 · Local: 310-514-1200 ·
Law Offices of Charles D. Naylor · 11 Golden Shore, Suite 350, Long Beach, CA 90802