An assistant foreman at an oil-and-gas storage facility on the Mississippi River was entitled to benefits under the Longshore and Harbor Workers Compensation Act (LHWCA) even though he was performing a land-based procedure, 700 yards from the river and physically separated from it by a levee and other obstacles, when he was injured, a federal appeals court held on Monday.
In a case of first impression, the 5th U.S. Circuit Court of Appeals held that International-Matex Tank Terminals’ entire 150-acre bulk liquid handling and storage site in Gretna, Louisiana, is a “terminal” explicitly covered by the LHWCA.
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