Offshore Welder’s Estate’s Tort Claims Can Proceed To Trial

In November 2012, a welder was injured in an explosion on an offshore platform in the Gulf of Mexico and later died from his injuries.  In August 2014, one of the offshore contractor defendants moved for summary judgment, contending that at all material times, the welder was its borrowed employee under the nine-factor test set forth by the Fifth Circuit in Ruiz v. Shell Oil Co., and that it was therefore immune from tort liability under the Longshore and Harbor Workers’ Compensation Act.  The nine Ruiz factors required the court to consider:

1. Who has control over the employee and the work he is performing, beyond mere suggestions of details or cooperation?
2. Whose work is being performed?
3. Was there an agreement, understanding, or meeting of the minds between the original and the borrowing employer?
4. Did the employee acquiesce in the new work situation?
5. Did the original employer terminate his relationship with the employee?
6. Who furnished tools and place for performance?
7. Was the new employment over a considerable length of time?
8. Who has the right to discharge the employee?
9. Who had the obligation to pay the employee?

Earlier this month, the U.S. District Court for the Eastern District of Louisiana denied the contractor’s motion for summary judgment, finding that disputed issues of material fact exist with respect to factors 1, 3, 5, 8, and 9, and that trial is necessary.