Weyerhaeuser Company v. Robert L. Gilmore, and Director, Office of Workers' Compensation Programs, and United States Department of Labor

Weyerhaeuser Company (Weyerhaeuser) seeks a review of the decision issued by the Benefits Review Board (Board)for the Director, Office of Workers’ Compensation Programs, United States Department of Labor (Respondent). That decision reversed a denial by an Administrative Law Judge (Law Judge) and granted the claim of Robert L. Gilmore (Claimant) for compensation under the Longshoremen’s and Harbor Workers’ Compensation Act (LHCH), 33 U.S.C. § 901 et seq. We reverse.

FACTS:

The following essential facts are undisputed:

Claimant was employed as a “pond-man” by Weyerhaeuser at its sawmill in North Bend, Oregon. The sawmill is located on Coos Bay, a salt-water bay of the Pacific Ocean. Parts of the bay adjacent to the plant are enclosed by docks and log booms for the purpose of holding logs being processed and are known as “ponds.” Claimant was injured when he fell from a floating walkway in one of these ponds.

The logs are transported to the mill in log rafts by an independent tug and

At the time of his injury, Claimant was working at his duties involving the sorting of logs and feeding them into the mill for processing. In performing these duties, he would move about on…