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KALAMA v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

No. 02-72578.

354 F.3d 1085 (2004)

KALAMA SERVICES, INC; Cigna Property and Casualty Insurance Company, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2004.

Attorney(s) appearing for the Case

Keith L. Flicker and Kenneth M. Simon, Flicker, Garelick & Associates, New York, NY, for the petitioners.

Jay Lawrence Friedheim, Admiralty Advocates, Honolulu, Hawaii, for the respondent.

Before TASHIMA, THOMAS, and SILVERMAN, Circuit Judges.

SILVERMAN, Circuit Judge:

We hold today that the Benefits Review Board did not err in ruling that injuries suffered by an off-duty employee during foreseeable horseplay in a bar on Johnston Atoll arose out of a "zone of special danger" created by the isolation of the island and the limited recreational opportunities available there.

Facts and Procedural History

Johnston Atoll is a United States possession, located about 700 miles west-southwest...

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