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

W. EUGENE DAVIS, Circuit Judge:

In this case, we review the determination of the Benefits Review Board (“BRB”) that the claimant, Juan Zepeda, was entitled to compensation benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA” or “the Act”), from. Petitioner New Orleans Depot Services, Inc. (“NODSI”).

In particular, the BRB found that the claimant’s employment activities with NODSI took place in an area or location “adjoining” navigable waters “customarily used by an employer in loading [or] unloading ... a vessel” 1 and therefore NOD-SI’s facility met the situs requirement…