Legal Opinion

Baker v. Director, Office of Workers' Compensation Programs

Court of Appeals for the Fifth Circuit

Decided August 19, 2016No. 15-60634PublishedCited by 6 opinions

1Opinion of the Court

STEPHEN A. HIGGINSON, Circuit Judge:

Petitioner James Baker appeals the Benefits Review Board’s decision affirming the denial of benefits under the Longshore and Harbor Workers’ Compensation Act and the Outer Continental Shélf Lands Act. We affirm.

I. Background

James Baker worked as a marine carpenter for eight months at Gulf Island Marine Fabricators, L.L.C.’s waterside marine fabrication yard in Houma, Louisiana. He was allegedly injured 1 while building a housing module designed for use on a tension leg offshore oil platform (TLP) named Big Foot. Baker filed a claim for disability benefits…

2Cases cited11 opinions

  1. Stewart v. Dutra Construction Co.Supreme Court of the United States · 2005
  2. Robert Bernard v. Binnings Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1984
  3. Lozman v. City of Riviera BeachSupreme Court of the United States · 2013
  4. Chesapeake & Ohio Railway Co. v. SchwalbSupreme Court of the United States · 1989
  5. Robert D. Cook v. Belden Concrete Products, Inc., Division of Rockwin CorporationCourt of Appeals for the Fifth Circuit · 1973

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3Cited by6 opinions

  1. Southern Recycling, L.L.C.Court of Appeals for the Fifth Circuit · 2020
  2. MMR Constructors, Incorporated v. DOWCP, etCourt of Appeals for the Fifth Circuit · 2020
  3. In re: In the Matter of American Commercial Barge Line, LLC.District Court, E.D. Louisiana · 2023
  4. Mays v. Chevron Pipe Line CoDistrict Court, W.D. Louisiana · 2019
  5. Owensby & Kritikos v. BoudreauxCourt of Appeals for the Fifth Circuit · 2021

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