Randy G. Baird v. Washington Group/Alberici Joint Venture and Illinois National Insurance Company (Board decision, May 8, 2019)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board dismissed the employer and carrier's appeal without prejudice and remanded the claim for the district director to consider a proposed settlement. The settlement had not yet been approved. The Board allowed reinstatement of the appeal by motion within 30 days after any disapproval of the settlement. 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 § 802.407.

Plain-English summary

Randy Baird and Washington Group/Alberici Joint Venture agreed to settle his claim while the employer and carrier's appeal was pending. With Baird's consent, the employer and carrier asked the Benefits Review Board to send the case to the district director for settlement review. The Board granted the request and dismissed the appeal without prejudice. If the district director disapproved the agreement, the employer and carrier could ask the Board to reinstate the appeal within 30 days. The order does not approve the settlement or decide the appeal's merits.

Decision snapshot

• Authority: Settlement review under 33 U.S.C. § 908(i) and 20 C.F.R. §§ 702.241-702.243.
• Outcome: Appeal dismissed without prejudice; case remanded for settlement consideration.
• Key point: The appeal could be reinstated after a settlement disapproval if the petitioner moved within 30 days.

Full text (DOL BRB public release)

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

BRB No. 19-0220
OWCP No. 06-306626

RANDY G. BAIRD
)
)
Claimant-Respondent
)
)
v. )
) DATE ISSUED: 05/08/2019
WASHINGTON GROUP/ALBERICI
)
JOINT VENTURE
)
)
and
)
)
ILLINOIS NATIONAL INSURANCE
)
COMPANY
)
)
Employer/Carrier-
)
Petitioners
) ORDER

By motion filed April 30, 2019, employer/carrier, with claimant’s consent, moves to remand this case to the Office of Workers’ Compensation Programs for approval of their settlement agreement pursuant to Section 8(i) of the Act, 33 U.S.C. §908(i).

We grant employer/carrier’s motion. Employer/carrier’s appeal is dismissed without prejudice, and the case is remanded 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 the petitioner wishes review of the merits of its appeal, the Board will reinstate the appeal upon the motion of the petitioner filed within 30 days of the disapproval of the settlement agreement. SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

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