9th Cir.;
15-72873

The court of appeals denied a petition for review of an order of the Benefits Review Board. The court held that the “zone of special danger” doctrine applies to local nationals who are employed in their home country on a contract covered under the Defense Base Act.

Chugach Management Services provided services for the U.S. Army on the Kwajalein Atoll, which houses the U.S. Army Space and Missile Defense Command's Ronald Reagan Ballistic Missile Defense Test Site. Chugach hired Edwin Jetnil, a citizen of the Republic of the Marshall Islands (RMI), to paint and repair a pier on one of the islands in the Atoll. Chugach transported Jetnil to the island for a four-day overnight work assignment. No transportation was available other than that provided by Chugach. Jetnil was injured, after work hours, while on the island. His failure to seek immediate treatment for the injury resulted severe infection, necessitating the partial amputation of his leg. Following the surgery, Jetnil reported the injury to the Department of Labor's Office of Workers' Compensation Program, seeking compensation for the injury under the Longshore and Harbor Workers' Compensation Act, as extended by the Defense Base Act (DBA).