Workers’ Compensation · Primary-source case analysis

O'Leary: A Rescue Attempt Fell Within the Employment's Zone of Special Danger

By Aneeta Mishra and Timothy Chan

Published September 9, 2026

O'Leary v. Brown-Pacific-Maxon, Inc. reviewed compensation for a Guam contractor employee who drowned while attempting to rescue two people near an employer-maintained recreation area.

The employer maintained an overseas recreation center

Brown-Pacific-Maxon operated a recreation center for employees near a dangerous channel on Guam. The employee was waiting for employer transportation after using the center when he saw two people signaling for help.

The rescue attempt ended in a drowning

The employee entered the water with others and drowned while trying to cross the channel. His dependent mother sought death benefits under the Longshore Act as extended by the Defense Base Act.

Compensation was not confined to common-law scope rules

The Court explained that the activity need not directly benefit the employer. The question was whether employment obligations or conditions created a zone of special danger from which the injury arose, while recognizing that some personal departures may be too remote.

Substantial evidence supported the award

The deputy commissioner could reasonably find that the rescue attempt and death were attributable to employment risks. Applying substantial-evidence review to the record as a whole, the Court reversed the Ninth Circuit and sustained the award.

Key takeaways

• Identify the employment-created location, transportation, recreation, and hazard conditions.
• Evaluate whether the response to an emergency was reasonable rather than purely personal.
• Develop the complete administrative record bearing on the zone of special danger.
• Check the governing compensation statute and modern circuit authority for the particular worksite.