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CERES MARINE v. DIRECTOR, OFFICE OF WORKERS' COMP

No. 15-1041.

848 F.3d 115 (2016)

CERES MARINE TERMINALS, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Samuel Jackson, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: March 24, 2016.

Amended: January 27, 2017.

Attorney(s) appearing for the Case

ARGUED: Lawrence Philip Postol , SEYFARTH SHAW LLP, Washington, D.C., for Petitioner. Ira Michael Steingold , STEINGOLD & MENDELSON, Suffolk, Virginia; Sarah Marie Hurley , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents. ON BRIEF: M. Patricia Smith , Solicitor of Labor, Rae Ellen James , Associate Solicitor, Gary K. Stearman , Counsel for Appellate Litigation, Mark A. Reinhalter , Counsel for Longshore, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs, United States Department of Labor.

Petition for review denied by published opinion. Judge Gregory wrote the opinion, in which Judge Duncan and Judge Floyd joined.

This case arises from a horribly tragic work-related accident. Samuel P. Jackson, an employee of Ceres Marine Terminals, Inc. ("CMT"), was operating a forklift when he accidently struck and killed his coworker, Paula Bellamy. After this event, Jackson, who was diagnosed with posttraumatic stress disorder ("PTSD"), filed a...

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