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Legal Talk: Onshore injury, offshore platform?
| 题名： | Legal Talk: Onshore injury, offshore platform? |
| 正文语种： | eng |
| 作者： | Cindy Muller |
| 作者单位： | Jones Walker's Houston office |
| 摘要： | Recently, in Ownesby & Kritikos Inc. v. Dir. OWC, the U.S. 5th Circuit allowed an automated/advanced ultrasonic testing (AUT) field supervisor who tested storage tanks primarily on platforms located on the Outer Continental Shelf (OCS) to recover under the Longshore & Harbor Workers' Compensation Act (LHWCA). It was for injuries sustained in an automobile accident on his way to the offshore pick-up point for work on a platform on the OCS. The injured worker, James Boudreaux, spent 89% of his time working offshore. His employer paid him for mileage and driving time to the offshore pick-up point based on the distance from the employer's home office in Broussard, La., and the pick-up point for offshore transportation. His employer also paid him for time spent on a helicopter or crewboat to get to the platform. By contrast, he did not receive travel pay to his onshore office. On the day of the accident, Boudreaux had his testing equipment in his vehicle. After the accident, a co- worker travelled to the accident site to retrieve the testing equipment and transport it offshore. |
| 出版年： | 2021 |
| 期刊名称： | Work Boat |
| 卷： | 78 |
| 期： | 8 |
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