Christopher Kasule v. Triple Canopy, Incorporated and Continental Casualty Company (Board decision, November 20, 2019)

BRB interlocutory order. This unpublished decision is not precedent. The Benefits Review Board returned the matter for further proceedings or dismissed an early appeal. Settlement approval remains pending. 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

Christopher Kasule asked the Board to return his Defense Base Act claim to the district director for consideration of a settlement agreement. The employer did not object. The Board dismissed the appeal without prejudice and remanded for settlement review. It said Kasule could seek reinstatement of the appeal if the settlement was disapproved.

Decision snapshot

• Authority: 33 U.S.C. § 908(i).
• Outcome: Appeal dismissed without prejudice; settlement sent for review.
• Key point: The settlement requires district director review before the appeal can proceed.

Full text (DOL BRB public release)

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

BRB No. 19-0378
Case No. 2017-LDA-00514
OWCP No. 02-201979

CHRISTOPHER KASULE
)
)
Claimant-Petitioner
)
)
v. )
)
TRIPLE CANOPY, INCORPORATED
)
) DATE ISSUED: 11/20/2019
and
)
)
CONTINENTAL CASUALTY COMPANY
)
)
Employer/Carrier-
)
Respondents
) ORDER

By motion filed November 6, 2019, claimant moves the Board 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 employer does not object to his motion. 20 C.F.R. §802.219(c).

We grant claimant’s motion and dismiss his appeal 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 this appeal, the Board will reinstate it on claimant’s motion filed within 30 days of the date the settlement is disapproved. JUDITH S. BOGGS, Chief Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge