Dale R. Rizzi v. Underwater Construction Corporation

MERRITT, Chief Judge.

This case raises the question whether a reservoir fed by a navigable waterway is itself part of the waterway under the Long-shore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950. Claimant, Mr. Rizzi, appeals the Benefits Review Board’s reversal of the Administrative Law Judge’s grant of benefits under the Act. He is an underwater diver who was on assignment in Ohio as an employee of the Underwater Construction Corporation. While in Ohio working at the Champion Paper Factory, Mr. Rizzi was severely injured on the job. He suffered a stroke which his doctors…