Bienvenu v. Texaco, Inc., No. 96-60625

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore POLITZ, Chief Judge, and HIGGINBOTHAM and SMITH; HIGGINBOTHAM
Citation124 F.3d 692
Decision Date29 September 1997
Docket NumberNo. 96-60625
PartiesCarl BIENVENU, Petitioner, v. TEXACO, INC; Director, Office of Worker's Compensation Programs, U.S. Department of Labor; Insurance Company of North America, Respondents.

Page 692

124 F.3d 692
1998 A.M.C. 331
Carl BIENVENU, Petitioner,
v.
TEXACO, INC; Director, Office of Worker's Compensation
Programs, U.S. Department of Labor; Insurance
Company of North America, Respondents.
No. 96-60625.
United States Court of Appeals,
Fifth Circuit.
Sept. 29, 1997.

David Bruce Allen, Samanie, Barnes & Allen, Houma, LA, for Petitioner.

Wayne G. Zeringue, Jr., Michael L. Dubos, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John D. Fitzmorris, Jr., New Orleans, LA, for Texaco, Inc. and Insurance Co. of North America, Respondents.

Michael Scott Hertzig, Thomas O. Shepherd, Jr., Clerk, Benefits Review Board, Carol DeDeo, Assoc. Solicitor, U.S. Department of Labor, Dir., Office of Workers Comp. Programs, Washington, DC, for Director, Office of Worker's Comp. Programs, U.S. Dept. of Labor, Respondent.

Appeal from the United States Department of Labor Benefits Review Board.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

HIGGINBOTHAM, Circuit Judge:

Carl F. Bienvenu petitions for review of the decision of the ALJ affirmed by the Benefits Review Board denying him relief under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq. The petition requires that we again repair to our troubled efforts to define maritime employment. We REVERSE and REMAND.

I.

Bienvenu worked for Texaco, Inc. in the Caillou Island production field as a pumper specialist. The Caillou Island production field is a five mile by twelve mile area located within three miles of the Louisiana coast and contains approximately 150 to 175 active

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fixed production platforms. Bienvenu was responsible for maintaining and calibrating automated equipment located on fixed production platforms. Bienvenu rode a vessel, the MISS JACKIE, to the platforms where he worked. The ALJ found that during an average twelve hour work day, Bienvenu spent approximately 75% of his time performing his duties while physically located on a fixed production platform; 16.7% of his time in transit as a passenger on the MISS JACKIE; and 8.3% of his time working on equipment on the back of the MISS JACKIE.

Bienvenu was injured twice during the course of his employment while on board the MISS JACKIE in navigable waters. The first time was while moving his tool box from the dock to the boat and the second time was while tying the MISS JACKIE to the dock. These injuries forced him to stop working.

Bienvenu claimed benefits under...

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3 practice notes
  • Bienvenu v. Texaco, Inc., No. 96-60625
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 11, 1999
    ...compelled a conclusion that Bienvenu passed the status test since he was on navigable waters when injured. Bienvenu v. Texaco, Inc., 124 F.3d 692, 692-93 (5th Cir.), reh'g en banc granted, 131 F.3d 1135 (5th In 1917, the Supreme Court held that state workers' compensation systems could not ......
  • Ezell v. Direct Labor, Inc., BRB 98-0826
    • United States
    • Court of Appeals of Longshore Complaints
    • March 8, 1999
    ...concluding that the claimant met the status requirement under the Act since he was injured on navigable waters. Bienvenu v. Texaco, Inc., 124 F.3d 692, 31 BRBS 144 (CRT)(5th Cir.), reh'g en banc granted, 131 F.3d 1135 (5th Cir. 1997). On rehearing, the Fifth Circuit held that a worker injur......
  • Bienvenu v. Texaco, Inc., No. 96-60625
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • December 18, 1997
    ...and DENNIS, Circuit Judges. * ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion September 29, 1997, 5 Cir., 1997, 124 F.3d 692) BY THE A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges i......
3 cases
  • Bienvenu v. Texaco, Inc., No. 96-60625
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 11, 1999
    ...compelled a conclusion that Bienvenu passed the status test since he was on navigable waters when injured. Bienvenu v. Texaco, Inc., 124 F.3d 692, 692-93 (5th Cir.), reh'g en banc granted, 131 F.3d 1135 (5th In 1917, the Supreme Court held that state workers' compensation systems could not ......
  • Ezell v. Direct Labor, Inc., BRB 98-0826
    • United States
    • Court of Appeals of Longshore Complaints
    • March 8, 1999
    ...concluding that the claimant met the status requirement under the Act since he was injured on navigable waters. Bienvenu v. Texaco, Inc., 124 F.3d 692, 31 BRBS 144 (CRT)(5th Cir.), reh'g en banc granted, 131 F.3d 1135 (5th Cir. 1997). On rehearing, the Fifth Circuit held that a worker injur......
  • Bienvenu v. Texaco, Inc., No. 96-60625
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • December 18, 1997
    ...and DENNIS, Circuit Judges. * ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion September 29, 1997, 5 Cir., 1997, 124 F.3d 692) BY THE A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges i......

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