Last week, the U.S. Supreme Court agreed to hear the case of a roustabout who was killed while on the job. The case, Pacific Operators Offshore, LLP v. Valladolid, focuses on the issue of whether a crewmember must be killed on the outer continental shelf in order to be eligible for benefits under the Outer Continental Shelf Lands Act (OCSLA).

Juan Valladolid worked for Pacific Operators Offshore as a roustabout on the Hogan offshore drilling platform about three miles off the coast of California. Valladolid spent about 98 percent of his time working on the Hogan. His job duties as a roustabout primarily consisted of cleaning and maintenance duties.

Valladolid also worked at the company's onshore oil flocculation facility about 250 to 300 yards from the coastline. The facility received crude oil slurry and processed the oil, separating the oil and gas from solid and liquid waste. Valladolid performed maintenance duties at the onshore facility, including painting, sandblasting, and operating a forklift.

As Valladolid was gathering scrap metal at the onshore facility, he was crushed by a forklift and killed. His wife filed for benefits under the Longshore and Harbor Worker's Compensation Act, both directly and under an extension of the act's protections under OCSLA.

Initially, an administrative law judge and a benefits review board denied the claim, finding that Valladolid was not working in maritime employment or at a maritime site when he was killed. Valladolid's widow appealed the case to the 9th Circuit Court of Appeals. The appeals court partially overruled the denial of benefits. The court found that the OCSLA workers' compensation provisions extended to injuries resulting from operations on the outer continental shelf, regardless of the location of the injuries.

Valladolid's employer has appealed the ruling and the U.S. Supreme Court has agreed to hear the case.

Sources: Valladolid v. Pac. Operations Offshore, LLP, 604 F.3d 1126, 1129 (9th Cir. 2010)

BusinessInsurance.com, "Supreme Court to hear case of worker killed offshore," Roberto Ceniceros, 2/22/2011