Fontenot v. Chevron, U.S.A., Inc.

| iPLOTKIN, Judge,

dissenting:

I respectfully dissent. The majority opinion wrongly relies on Herb’s Welding, Inc. v. Gray, 470 U.S. 414, 105 S.Ct. 1421, 84 *762L.Ed.2d 406 (1985), for the conclusion that the work-over agreement at issue in this case is subject to the Louisiana Oilfield Anti-Indemnity Act, La.R.S. 9:2780 (“LOAIA”). In that case, the United States Supreme Court confronted an oilfield worker’s claim that he was entitled to benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq. Gray, an employee of Herb’s Welding, was working as a welder…