New Orleans Depot Services v. Director, Office of Workers' Compensation Programs

718 F.3d 384 (2013)

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New Orleans Depot Services v. Director, Office of Workers’ Compensation Programs

United States Court of Appeals for the Fifth Circuit
718 F.3d 384 (2013)

Facts

Juan Zepeda (plaintiff) suffered hearing loss over the course of his career due to continuous exposure to loud noises. One of Zepeda’s employers was New Orleans Depot Services, Inc. (Depot Services). Zepeda worked at Depot Services’ Chef Yard facility, which was approximately 300 yards away from the edge of the intracoastal canal in Louisiana. An unrelated bottling company lay between the Chef Yard facility and the border of the canal. Zepeda filed for compensation claims under the Longshoremen’s and Harbor Workers’ Compensation Act against another of his employers, the New Orleans Marine Contractors (Marine Contractors) (defendant). Marine Contractors argued that, as Zepeda’s subsequent employer, Depot Services should be liable for any benefits under the act. An administrative-law judge, operating within the Office of Workers’ Compensation Programs (OWCP), an arm of the Department of Labor, found that Depot Services was liable to Zepeda under the act due to Zepeda’s time working at the Chef Yard. The OWCP benefits-review board affirmed the administrative-law judge’s order. Depot Services then sought review at the Fifth Circuit court of appeals.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

Dissent (Stewart, C.J.)

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