Death on Platform in State Waters May Be Within OCSLA Jurisdiction

A worker was killed on a platform located in Louisiana state waters when a pressurized valve blew, striking him in the head. The platform was a “collecting point” for pipelines running from Outer Continental Shelf platforms to shore. The platform owner filed a Motion for Summary Judgment to dismiss claims against it on the basis the OCSLA could not apply and that the decedent was covered by the Louisiana Workers’ Compensation Act. As a state worker, the decedent would be a statutory employee and the platform owner therefore protected from suit due to the exclusivity provision of the state act.

The District Court granted the Motion for Summary Judgment, but on a Motion for Reconsideration, denied the MSJ and allowed the suit against the platform owner to proceed. Citing the Supreme Court’s decision in Pacific Operators Offshore, LLP v. Valladolid, 132 S.Ct. 680 (2012), the court found that OCSLA has only two requirements: that extractive operations take place on the OCS, and that the injury in question must result from those operations. The “resulting from” standard requires a “substantial nexus” exist between the OCS operations and the injury.

Plaintiffs argued that the valve that blew causing the decedent’s death was pressurized to facilitate the movement of crude oil from the OCS through the transfer point on the platform. The court found this was a genuine issue of material fact sufficient to deny the Motion for Summary Judgment, as those facts could establish the necessary substantial nexus between OCS operations and the injury.

Mays v. Chevron Pipeline Co., No. 14-3098 U.S. D.C. W.D.LA. (2017)

Longshore Act Penalties Increased For 2017

The Federal Civil Penalties Inflation Adjustment And Improvements Act of 2015 requires the Department of Labor to annually adjust its civil monetary penalty levels for inflation. On January 13, 2017, DOL promulgated a final rule adjusting penalties for 2017. The new penalties are:

Failure or late filing of Form LS-202: $22,957
Failure or late filing of Form LS-208: $297
Minimum Penalty for Discrimination: $2,296
Maximum Penalty for Discrimination: $11,478

These increased rates are effective January 13, 2017.

OWCP Announces Staff Changes

On November 16th, OWCP announced that effective November 27, 2016, there will be a change in leadership in the Divisions of Longshore and Harbor Workers’ Compensation and Federal Employees’ Compensation. On that day, the current DFEC Director, Doug Fitzgerald, will assume the role of Longshore Director. Tony Rios, the current Longshore Director, will become the DFEC Director.

It was also announced that Rholanda Basnight is serving as the Acting District Director in the Second District Office (New York).

Loyola Holds Day With the DOL Program

Loyola Law School, in cooperation with the United States Department of Labor, will hold its Day With the DOL program on Friday, October 14, 2016 at the Pan-American Life Center, 601 Poydras Street, New Orleans.

Topics include:

Handling Claims Before OWCP
• Administration of Claims and How to Navigate Your Way
• Medical Oversight Within OWCP’s Authority
• Resolution of Disputes

Pain Management and the Opioid Crisis
• What is Medically Necessary and Reasonable
• Guidelines for Pain Management
• Impact on Maximum Medical Improvement and Return to Work

Question and Answer Session with OWCP and OALJ

Speakers include Administrative Law Judge Larry W. Price, District Director David A. Duhon, Dr. Patrick H. Waring, Arthur J. Brewster and Alan G. Brackett. For information and registration, go to:

http://www.cvent.com/events/a-day-with-the-department-of-labor-new-orleans/event-summary-101f7527f4ff408a8df37d07bbc106fe.aspx.