Category Archives: LHWCA

Texas Court rules on LHWCA versus State Workers’ Compensation; Res Judicata

Salinas v. Meaux Surface Protection, Inc., 11-0096 (Tex. App. 1st Dist. 2012) On September 23, 2006, Plaintiff Orlando Salinas was a passenger in his supervisor Octave Samuel’s vehicle.  Both Plaintiff and Samuel were employed by Defendant Meaux Surface Protection, Inc.  The two were involved in a one-vehicle accident as the result of Samuel drinking while … Read More »

Supreme Court adopts “substantial nexus” test to determine when a worker is entitled to LHWCA benefits under OSCLA 1333(b)

Reversing Fifth Circuit precedent and settling a circuit split, the United States Supreme Court held in Pacific Operators Offshore LLP v. Valladolid, 132 S.Ct. 680 (2012), that the Outer Continental Shelf Lands Act, 43 U.S.C.A. § 1333(b), extends LHWCA benefits to an employee who can establish a “substantial nexus” between his injury and his employer’s … Read More »