Recently, the Fifth Circuit published an important Longshore and Harbor Workers’ Compensation Act decision: International-Matex Tank Terminals v. Director, OWCP. The issues included maritime situs, maritime status, the concept of maximum medical improvement, and the claimant’s efforts to locate suitable alternative employment. Maritime Situs: The Longshore Act applies to claimants injured “on a maritime situs.” That means an injury must have “occurr[ed] upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing dismantling, or building a vessel.” See 33 U.S.C. 903(a). “Situs” has both a geographical and a functional component. The geographical component asks whether the area of injury “adjoined” navigable waters. “Adjoining” means “border on” or “be contiguous with” navigable waters. The functional component asks whether the area of injury is either included expressly in the list of possible injuries in 33Read more