Scott Hubbard v. KBR, LLC/Service Employees International and Insurance Company of the State of Pennsylvania (Board decision, September 26, 2019)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board dismissed both Hubbard appeals without prejudice and remanded for district director review of a proposed settlement. Approval remains pending, and the appeals may be reinstated if the settlement is disapproved. A final Board decision ordinarily becomes final 60 days after issuance absent timely judicial review or reconsideration under 20 C.F.R. § 802.406; a party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Scott Hubbard and the employer reached a proposed settlement of his Defense Base Act claims. Hubbard asked the Board to dismiss two pending appeals without prejudice and return the case to the district director to consider the agreement. The other parties did not object. The Board granted the request and said Hubbard could seek reinstatement of the appeals within 30 days if the settlement was disapproved. Settlement approval and the underlying claims remain open.

Decision snapshot

• Authority: 33 U.S.C. § 908(i); 20 C.F.R. § 802.219; 20 C.F.R. § 702.241.
• Outcome: Both appeals dismissed without prejudice and case remanded for settlement review.
• Key point: The district director must decide whether to approve the proposed settlement.

Full text (DOL BRB public release)

U.S. Department of Labor
Benefits Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001

BRB Nos. 14-0027 and 19-0136
Case Nos. 2009-LDA-00388 and 2016-LDA-00802 OWCP No. 02-169306

SCOTT HUBBARD
)
)
Claimant-Petitioner
)
)
v. )
)
KBR, LLC/SERVICE EMPLOYEES
)
INTERNATIONAL
)
)
and
)
)
INSURANCE COMPANY OF THE STATE
) DATE ISSUED: 09/26/2019
OF PENNSYLVANIA
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Respondent
) ORDER

By motion filed September 17, 2019, claimant moves to dismiss his appeals without prejudice and to remand the case to the district director for consideration of the parties’ Section 8(i) settlement agreement. 33 U.S.C. §908(i); 20 C.F.R. §802.219. Claimant states that neither employer nor the Director, Office of Workers’ Compensation Programs, objects to his motion. 20 C.F.R. §802.219(c).

We grant claimant’s motion and dismiss his appeals without prejudice. We remand the case to the district director for consideration of the parties’ settlement agreement. 33 U.S.C. §908(i); 20 C.F.R. §§702.241-243. In the event the proposed settlement is not approved and claimant wishes review of the merits of these appeals, the Board will reinstate the appeals on claimant’s motion filed within 30 days of the date the settlement is disapproved.

SO ORDERED.

GREG J. BUZZARD
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

2