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Admiralty Law Keyed to Maraist
New Orleans Depot Services v. Director, Office of Workers’ Compensation Programs
Citation:
718 F.3d 384 (2013)Facts
Juan Zepeda filed a claim for LHWCA benefits against one of his prior employers, New Orleans Marine Contractors (NOMC), for hearing loss. NOMC contended that NODSI, a subsequent employer, was responsible for the benefits. Zepeda had worked for NODSI at its “Chef Yard” facility on the Chef Menteur Highway in New Orleans, where he was engaged in the repair, maintenance, and storage of shipping containers and chassis. Some of these containers had been used to transport ocean cargo. The Chef Yard was located approximately 300 yards from the Intracoastal Canal and was surrounded by various non-maritime businesses, including a carwash, radiator shop, automobile repair shop, bottling company, and box manufacturer. The bottling company was located between the Chef Yard and the Intracoastal Waterway. NODSI employees worked only within the facility, had no access to the Intracoastal Canal, and all equipment was delivered to and from the facility by truck or rail. No containers were loaded with cargo while in NODSI’s custody.
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