New Orleans Depot Services, Inc. v. Director, Office of Worker's Compensation Programs

Over thirty years ago, our en banc court confronted the same issue we confront to*400day: how to interpret the geographic component of the situs test in the Longshore and Harbor Workers’ Compensation Act (“LHWCA” or “the Act”) and specifically, how to define “adjoining area” under the Act.1 Texports Stevedore Co. v. Winchester, 632 F.2d 504 (5th Cir.1980) (en bane), cert denied, 452 U.S. 905, 101 S.Ct. 3031, 69 L.Ed.2d 406 (1981). The Winchester majority adopted a broad definition of “adjoining area” that was in keeping with the plain meaning of the words, as well as “the spirit of the…