Litigating Defense Base Act Cases
The 'positional risk' doctrine as described by Professor Larsen more than thirty years ago has been a work in progress in Defense Base Act cases. Amazingly, caselaw arising under the DBA does not discuss 'positional risk' although it is the majority view of compensability after the U.S. Supreme Court decision in Brown-Pacific-Maxon. Counsel handling cases for injured workers under the Defense Base Act will be well served to consider the 'positional risk doctrine' and the wide scope of the ‘zone of special danger'.
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© 2007 Lewis Fleishman