Vincent Nathaniel v. Murphy Marine Services, Incorporated (Board decision, April 26, 2019)

BRB interlocutory order. This unpublished order is not precedent. The Board dismissed the appeal without prejudice and returned the claim to the administrative law judge to consider a proposed settlement. The settlement remains subject to approval, and the appeal may be reinstated if approval is denied. 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 seek Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Vincent Nathaniel asked the Benefits Review Board to dismiss his Longshore Act appeal because the parties had agreed to settle the claim. The Board granted the request without prejudice and sent the proposed settlement to the administrative law judge for review. It did not approve the settlement. If the judge rejects it, Nathaniel may ask the Board to reinstate the appeal within thirty days of that rejection.

Decision snapshot

• Authority: Longshore Act settlement review under 33 U.S.C. § 908(i) and 20 C.F.R. §§ 702.241-243.
• Outcome: Appeal dismissed without prejudice and claim remanded for settlement review.
• Key point: The Board left the merits appeal available if the proposed settlement is not approved.

Full text (DOL BRB public release)

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

BRB No. 19-0081
Case No. 2017-LHC-00080
OWCP No. 05-306777

VINCENT NATHANIEL
)
)
Claimant-Petitioner
)
)
v. )
) DATE ISSUED: 04/26/2019
MURPHY MARINE SERVICES,
)
INCORPORATED
)
)
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION
)
)
Employer/Carrier-
)
Respondents
) ORDER

On April 12, 2019, claimant filed a motion to dismiss his appeal in the captioned case, as the parties have agreed to settle the claim.

We grant claimant’s motion. Claimant’s appeal is dismissed without prejudice, and the case is remanded to the administrative law judge 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 the petitioner wishes review of the merits of this appeal, the Board will reinstate the appeal upon the motion of the petitioner. Any such motion must be filed within 30 days of the date the settlement is disapproved.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge