Richard J. Leverone v. Appledore Marine Engineering, LLC and American Longshore Mutual Association, Limited (Board decision, January 30, 2020)

BRB interlocutory order. This unpublished decision is not precedent. The Benefits Review Board dismissed the appeal without prejudice and returned the claim for settlement review. The order did not approve 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 request Board reconsideration within 30 days under § 802.407.

Plain-English summary

Richard Leverone and Appledore Marine Engineering jointly asked the Board to dismiss his longshore appeal because they had agreed to settle the claim. The Board granted the motion, dismissed the appeal without prejudice, and returned the matter to the district director to consider their settlement agreement. The Board did not decide the merits or approve the settlement. If the settlement is disapproved, Leverone may request reinstatement of the appeal within 30 days of disapproval.

Decision snapshot

• Authority: Settlement review under 33 U.S.C. § 908(i) and 20 C.F.R. §§ 702.241-243.
• Outcome: Appeal dismissed without prejudice; claim remanded for settlement review.
• Key point: The appeal was dismissed without prejudice; if the settlement is disapproved, the petitioner may move to reinstate it 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. 19-0459
Case No. 2018-LHC-01269
OWCP No. 01-307949

RICHARD J. LEVERONE
)
)
Claimant-Petitioner
)
)
v. )
)
APPLEDORE MARINE ENGINEERING,
)
LLC
) DATE ISSUED: 01/30/2020
)
and
)
)
AMERICAN LONGSHORE MUTUAL
)
ASSOCIATION, LIMITED
)
)
Employer/Carrier-
)
Respondents
) ORDER

On January 28, 2020, the parties filed a joint motion to dismiss claimant’s appeal and remand the case to the district director, as they have agreed to settle this case pursuant to Section 8(i) of the Act, 33 U.S.C. §908(i).

We grant the parties’ motion. Claimant’s appeal is dismissed without prejudice and the case is remanded to the district director for consideration of the parties’ settleme nt 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 requests 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.

SO ORDERED.

GREG J. BUZZARD
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge

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