Legal Opinion

Battelle Memorial Institute v. Dicecca

Court of Appeals for the First Circuit

Decided July 6, 2015No. 14-1742PublishedCited by 3 opinions

1Opinion of the Court

SOUTER, Associate Justice.

This case comes to us on petition to review an award of death benefits made by the Benefits Review Board under the Defense Base Act (DBA), 42 U.S.C. § 1651 et seq. The recipient (respondent here) is the widow of a covered employee stationed in Tbilisi, Georgia who died in an auto ' accident while traveling by taxi to shop for groceries. The issue turns on application of the “zone of special danger” principle, O’Leary v. Brown-Pacific-Maxon, 340 U.S. 504, 507, 71 S.Ct. 470, 95 L.Ed. 483 (1951), and we affirm the agency’s award.

I

Gerald DiCecca was hired by Petitioner…

2Cases cited14 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951
  3. Cardillo v. Liberty Mutual InsuranceSupreme Court of the United States · 1947
  4. Metropolitan Stevedore Co. v. RamboSupreme Court of the United States · 1997
  5. O'Keeffe v. Smith, Hinchman & Grylls Associates, Inc.Supreme Court of the United States · 1965

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3Cited by3 opinions

  1. Chugach Management Services v. Edwin JetnilCourt of Appeals for the Ninth Circuit · 2017
  2. Butcher v. Service Employees Int'l Inc.District Court, M.D. Florida · 2025
  3. Carswell v. E. Pihl & SonsCourt of Appeals for the First Circuit · 2021

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