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

EDITH BROWN CLEMENT, Circuit Judge,

with whom JOLLY, JONES, SMITH, PRADO, OWEN, and ELROD, Circuit Judges, join, concurring:

I fully concur in the majority’s formulation of the situs inquiry, finding it to be a faithful application of the plain text of the LHWCA. I write separately to explain why the status requirement is not met in this case, even under the generous precedent established by this circuit and the Supreme Court.

This en banc decision to return the situs inquiry to its textual roots will certainly impose a natural limitation on the status of employees who are eligible under the…