BPU Management, Inc./Sherwin Alumina Co. v. Director, Office of Workers' Compensation Programs

W. EUGENE DAVIS, Circuit Judge:

Petitioner BPU Management Inc./Sherwin Alumina Co. (“Sherwin”) employed Respondent David Martin (“Martin”) as a doekworker at its waterside ore processing facility. When Martin was injured in one of the facility’s underground ore transport tunnels, the Benefits Review Board (“BRB”) ordered Sherwin to pay Martin benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA” or “the Act”). Because we conclude that the underground transport tunnel where Martin was injured is not used in the vessel-unloading process, Martin’s injury did not occur on a…