Fourth Circuit Holds Zone of Danger Test Does Not Apply to Award of LHWCA Benefits
In January, a panel of the Fourth Circuit considered whether the “zone of danger” test outlined by the U.S. Supreme Court in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994) is applicable to a longshoreman’s claim for disability benefits under the Longshore and Harborworkers Compensation Act, 33 U.S.C. § 901 et. seq. (LHWCA). In Ceres Marine Terminals, Inc. v. Director, Office of Workers’ Compensation Programs, – F.3d – (4th Cir. 2016), 2016 WL 8116747, the Court held that the “zone of danger” test is applicable only in tort claims, and accordingly does not apply to a determination of whether a maritime worker is entitled to workers compensation benefits under the LHWCA.
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