As Amended. Often seen in statutes. Rarely litigated.
The First Circuit Court of Appeals issued a decieion in a Defense Base Act case. It is entitled Truczinskas v. Director, Office of Workers' Compensation Programs and can be found here.
The facts are short. A employee duing military training in Saudi Arabia was found hanging from a cross-beam with a noose around his neck. His widow brought a claim under the Defense Base Act, 42 U.S.C. s. 1651-1654.
First issue, does the Court of Appeals have jurisdiction on appeal from the Benefits Review Board or does this matter properly belong in the district court. [Author's Note - Danger - Circuit Split Coming Up]. The Defense Base Act is patterned after the Longshore and Harbor Workers Compensation Act. The Defense Base Act, when enacted, required awards to be reviewed in the district court "wherein is located the office of the deputy commissioner whose compensation order is involved." But, since 1972, Longshore cases have been reviewed at the circuit court and not the district court. Did Congress overlook the Defense Base Act when it shifted jurisdiction over Longshore cases to the circuit court? Or does the language "as amended" in the Defense Base Act, carry with it the incorporation of all the amendments to the Longshore Act. The Fourth Circuit said no in Lee v. Boeing Co., 123 F.3d 801 (4th Cir. 1997). This court said yes, that the case is property in the circuit court.
The second issue was on the coverage under the Act for suicide. There are several presumptions against a finding of suicide, which would lead to non-coverage under the compensation scheme. First, the law presumes that claims are covered claims until proven otherwise. Second, injuries are presumed to be not caused by willful intentional act.
Comments