In the 1984 case of Herb's Welding, Inc. v. Gray, the U.S. Supreme Court ruled on whether a welder who was injured while working on a fixed offshore drilling platform in Louisiana state waters could receive benefits under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA). The LHWCA provides compensation for disability or death resulting from injury occurring upon navigable waters of the United States during employment as maritime workers. However, it excludes those employed exclusively to perform office clerical, secretarial, security or data processing work; individuals temporarily doing business on premises; aquaculture workers; and those building any recreational vessel under sixty-five feet in length. The court held that Gray was not engaged in "maritime employment" because his welding duties were not integral to navigation or commerce over navigable waters but rather related to oil extraction activities which are non-maritime by nature despite being conducted over water bodies. Therefore he did not qualify for coverage under LHWCA even though he worked over navigable waters when injured.

In the dissenting opinion for Herb's Welding, Inc. v. Gray, Justice White argued that the majority misinterpreted both congressional intent and previous court rulings related to the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA). He contended that Congress intended to cover workers like Gray who were injured while working on a fixed platform over navigable waters. The LHWCA was designed to provide compensation for maritime employees not covered by state laws due to their work location being offshore or in other unique maritime environments. In his view, this included welders on oil drilling platforms as they are exposed to similar hazards faced by traditional maritime workers such as longshoremen or harbor workers. Furthermore, he disagreed with the majority's interpretation of precedent cases which had previously expanded coverage under LHWCA beyond just those directly involved in navigation or commerce activities.