O'Neal Mills, Sr. v. Director, Office of Workers' Compensation Programs, United States Department of Labor, McDermott Inc., & Crawford and Company

W. EUGENE DAVIS, Circuit Judge:

We granted rehearing en banc to determine whether appellant, O’Neal Mills, a land-based welder injured while building an offshore oil platform in Amelia, Louisiana, qualifies for benefits under the Longshore & Harbor Workers’ Compensation Act (LHWCA) as incorporated in the Outer Continental Shelf Lands Act (OCSLA). Because we conclude that OCSLA’s provision adopting LHWCA includes a situs of injury requirement that Mills did not satisfy, we affirm the order of the Benefits Review Board (BRB) rejecting Mills’ claim.

I

McDermott, Inc., employed Mills as a welder in…