CHUGACH MANAGEMENT SERVICES v. JETNIL

No. 15-72873.

863 F.3d 1168 (2017)

CHUGACH MANAGEMENT SERVICES; Zurich American Insurance Company, Petitioners, v. Edwin JETNIL; Director, Office of Workers' Compensation Program; U.S. Department of Labor, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed July 21, 2017.


Attorney(s) appearing for the Case

Keith L. Flicker (argued) and Timothy A. Pedergnana , Flicker Garelick & Associates LLP, New York, New York, for Petitioners.

Patrick B. Streb (argued), Weltin Streb & Weltin LLP, Oakland, California; Matthew W. Boyle (argued), Attorney; Gary K. Stearman , Counsel for Appellate Litigation; Mark Reinhalter , Counsel for Longshore; Rae Ellen James , Associate Solicitor; M. Patricia Smith , Solicitor of Labor; United States Department of Labor, Washington, D.C.; for Respondents.

Before: William C. Canby and Mary H. Murguia, Circuit Judges, and Cynthia M. Rufe, District Judge.


OPINION

We are charged with determining, for the first time, whether the judicially created "zone of special danger doctrine" can be applied to local nationals who are employed in their home country under employment contracts covered by the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §...

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