Abdul Waziri v. Mission Essential Personnel, LLC and Zurich American Insurance Company (Board decision, May 13, 2019)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board dismissed the employer's appeal without prejudice and remanded the case for an administrative law judge to consider the 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

Abdul Waziri and Mission Essential Personnel agreed to settle his Defense Base Act claim while the employer's appeal was pending before the Benefits Review Board. The employer asked the Board to send the case back for settlement review. The Board granted the request, dismissed the appeal without prejudice, and remanded the case to an administrative law judge to consider the agreement. It said the employer could ask to reinstate the appeal within 30 days if the settlement was disapproved. The order does not approve the settlement or decide the merits of the claim.

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 Board left a route to reinstate the appeal if the proposed settlement was disapproved.

Full text (DOL BRB public release)

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

BRB No. 19-0330
Case No. 2018-LDA-00034
OWCP No. 02-229451

ABDUL WAZIRI
)
)
Claimant-Respondent
)
)
v. )
)
MISSION ESSENTIAL PERSONNEL, LLC
)
) DATE ISSUED: 05/13/2019
and
)
)
ZURICH AMERICAN INSURANCE
)
COMPANY
)
)
Employer/Carrier-
)
Petitioners
) ORDER

On April 30, 2019, employer filed a motion to remand this case, as the parties have agreed to settle the claim.

We grant employer’s motion. Employer’s appeal is dismissed without prejudice, and the case is remanded to the Office of Administrative Law Judges 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

RYAN GILLIGAN
Administrative Appeals Judge

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