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Showing posts with label Valladolid. Show all posts
Showing posts with label Valladolid. Show all posts

Thursday, January 12, 2012

US Supreme Court Rules Outer Continental Shelf Lands Act Covers Work-Related Injuries

English: Clarence Thomas, Associate Justice of...Image via Wikipedia
Justice Clarence Thomas

In an historic ruling yesterday the US Supreme Court held that The Outer Continental Shelf Lands Act [OCS] governs those who work on oil drilling platforms and other fixed structures beyond state maritime boundaries, and workers are eligible for compensation for "any injury occurring as the result of operations conducted on the [OCS]." 


For complete coverage of this case click here: The Jurist

"Although the Ninth Circuit’s test may not be the easiest to administer, it best reflects the text of §1333(b), which establishes neither a situs-of-injury nor a "but for" test. We are confident that ALJs and courts will be able to determine whether an injured employee has established a significant causal link between the injury he suffered and his employer's on-OCS extractive operations. Although we expect that employees injured while performing tasks on the OCS will regularly satisfy the test, whether an employee injured while performing an off-OCS task qualifies—like Valladolid, who died while tasked with onshore scrap metal consolidation—is a question that will depend on the individual circumstances of each case." Justice Clarence Thomas

Pacific Operators Offshore LLP v. Valladolid 
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Thursday, October 13, 2011

Outer Continental Shelf Lands Act: US Supreme Court Hears Work Comp Arguments

The US Supreme Court heard oral arguments Tuesday in a mater involving the Outer Continental Shelf Lands Act (OCSLA). The court considered when an outer continental shelf worker, injured on land, is eligible for compensation under the Outer Continental Shelf Lands Act (OCSLA) [43 USC §§ 1331-1356 text].
Click here to read the complete report from Jurist.

Issue: When the Outer Continental Shelf Lands Act, 43 U.S.C., §§ 1331-1356, provides that workers are eligible for compensation for "any injury occurring as the result of operations conducted on the outer Continental Shelf," under what circumstances is an outer continental shelf worker (or his heir) who is injured on land eligible for compensation?

Plain English Issue: When the Outer Continental Shelf Lands Act, 43 U.S.C., §§ 1331-1356, provides that workers are eligible for compensation for "any injury occurring as the result of operations conducted on the outer Continental Shelf," under what circumstances is an outer continental shelf worker (or his heir) who is injured on land eligible for compensation?