Latimer v. Chet Morrison Contractors, No. 11-CV-806, (W.D. La. 10/09/13)
Jon Robinson writing on the
Mouledoux Bland Blog,
drew my attention to this
interesting case under the Outer Continental Shelf Lands Act.
On July 16, 2009, Latimer’s first day of work on the rig, he was
carrying a lifeline rope from one area of the platform to another. He had the
rope wrapped around his shoulders and trailing behind him. Latimer alleged that
Defendant Charles Endom “intentionally stepped on the rope,” jerking Latimer
backward. When Endom removed his foot from the rope, Latimer allegedly stumbled
forward and slipped in a wet and dirty depression on the platform floor.
Latimer alleged that as a result of the incident he sustained injuries to his
neck, left shoulder, low back and left knee.
Latimer claimed that the “intentional act” of Endom removed the
case from the Outer Continental Shelf Lands Act, under an as yet undeclared by
the Fifth Circuit exception to the exclusivity provision of the Longshore and
Harbor Workers' Compensation Act. The
Court had no problem in dismissing this argument, and the related argument that
the incident was not an “accidental” injury because it was intentional. The Court also noted the “horseplay” cases in
connection with the requirement that an injury so caused arises out of
employment.
What was not argued was the slightly different requirement under
the Outer Continental Shelf Lands Act, that the injury must occur “as a result
of operations” on the Shelf. In the
light of the Vallodolid case, might
the employer be able to argue that (a) the horseplay arise out of employment,
but (b) it had nothing to do with the operations on the shelf. In that case, might the employer be able to
plead that respondeat superior does
not apply, and escape all financial obligations to the worker? Of course that would leave the co-worker
unprotected by §§905(a) and 933(i) of the Longshore and Harbor Workers' Compensation
Act, and exposed to liability for the consequences of his actions.
