Outer Continental Shelf injury case going to Supreme Court

Three different federal appeals courts have three different holdings on whether outer continental shelf workers are eligible for compensation if injured on shore. Under 43 U.S.C., §§ 1331-1356, the Outer Continental Shelf Lands Act (OCSLA) regulates workers on oil platforms and other fixed structures located outside of state maritime boundaries. Under 43 U.S.C. § 1333(b) (2006), those workers are entitled to compensation if injured during operations on the outer Continental Shelf.

But, what if an OCSLA worker is injured ashore? The U.S. Supreme Court will look at this question when it hears the case of Pacific Operations Offshore, LLP v. Valladolid. According to the Third Circuit Court of Appeals, the employee is always eligible for compensation because the company's shelf operations are the so called "but for" cause of the injury.  The Fifth Circuit held that the worker is never eligible because compensation applies only to injuries occurring on the shelf.  The Ninth Circuit held that the worker is sometimes eligible depending upon the extent and nature of the relationship between the injury and the shelf operations.

Source: Hawaii Ocean Law Blog