Baker v. Director, Office of Workers' Compensation Programs

Summary

The Fifth Circuit affirmed the denial of James Baker’s benefits claims under the Longshore and Harbor Workers’ Compensation Act and the Outer Continental Shelf Lands Act. The court held that the Big Foot tension leg platform was not a vessel under the LHWCA and that Baker’s land-based work constructing modules lacked a substantial nexus to operations on the Outer Continental Shelf.

Holdings

1. Big Foot was not a vessel within the meaning of 1 U.S.C. § 3 because it was not designed or practically capable of transporting people or things over water; therefore, Baker did not satisfy the LHWCA's maritime-employment status requirement based on his work constructing Big Foot's modules.
2. Baker's alleged injury did not have a substantial nexus to extractive operations on the Outer Continental Shelf and therefore was not covered by the LHWCA as extended by the OCSLA.

Questions Presented

1. Whether Big Foot qualified as a vessel under the Longshore and Harbor Workers' Compensation Act such that Baker's work constructing its modules constituted maritime employment.
2. Whether Baker's alleged land-based injury had a substantial nexus to operations conducted on the Outer Continental Shelf so as to be covered by the LHWCA as extended by the Outer Continental Shelf Lands Act.

Disposition

affirmed