Kaiser Steel Corporation v. Director, Office of Workers' Compensation Programs, Ronald J. Robarge, Respondent-Claimant

Kaiser Steel Corporation (“Kaiser”) petitions for review of a final order of the Benefits Review Board (the “Board”) which affirmed an award of compensation to Robert Robarge, pursuant to the Longshore and Harbor Workers’ Compensation Act (“Longshore Act”), 33 U.S.C. § 901 et seq., as extended by the Outer Continental Shelf Lands Act (“Lands Act”), 43 U.S.C. § 1331 et seq. Kaiser contends that employees such as Robarge are not eligible for Long-shore Act benefits. We disagree and deny Kaiser’s petition.

Robarge was employed by Kaiser as a pipefitter/welder on a stationary, offshore oil platform under construction on the Outer Continental Shelf (“OCS”) off the coast of Huntington Beach, California. Kaiser, a subcontractor, was responsible for the “fabrication, hook-up and commissioning” of the platform’s modular components. The “hook-up” required Kaiser to install connective piping between the prefabricated modules. The piping would serve to transport oil, gas, water and air throughout the platform. On May 5, 1983, while welding some of this piping into place, Robarge fell from the temporary scaffolding and sustained serious injury, as a result of which he was completely disabled…