11.27.2012

First Circuit Weighs In on Circuit Split re Jurisdiction over Defense Base Act Claims

From BNA's U.S. Law Week, 81 U.S.L.W. 739 (Nov. 27, 2012):

The circuit courts have jurisdiction to take the first crack at judicial review of claims under the Defense Base Act, the U.S. Court of Appeals for the First Circuit held Nov. 20, evenly splitting the eight circuits that have considered the issue (Truczinskas v. Director, Office of Workers' Compensation Programs, 1st Cir., No. 11-2503, 11/20/12).

After satisfying itself that it had jurisdiction, the court denied a widow's petition for review relating to the denial of death benefits under the DBA. The court, in an opinion by Michael Boudin, said that the denial of benefits was reasonable, despite the strange and unconfirmed circumstances surrounding the petitioner's husband's death.

The full article can be read by BNA subscribers here.

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