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News & Events


Fourth Circuit Holds Zone of Danger Test Does Not Apply to Award of LHWCA Benefits

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In January, a panel of the Fourth Circuit considered whether thezone 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.

View the full article (PDF) to learn more about the implications of the “zone of danger” under the Longshore and Harborworkers Compensation Act (LHWCA).

For more information, please contact the Transportation Practice Group at Lane Powell:

206.223.7000 Seattle
503.778.2100 Portland
907.277.9511 Anchorage