Milton Bowman v. Fluor Daniel Corporation (Board decision, June 25, 2020)

BRB interlocutory order. This unpublished order is not precedent. The Board dismissed the appeal without prejudice and sent the case back for settlement review; approval of the settlement remained undecided. 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

Fluor Daniel asked the Board to return Milton Bowman's case to the administrative law judge so the judge could consider the parties' proposed settlement. The Board granted the request, dismissed the employer's appeal without prejudice, and remanded the case. If the judge disapproved the settlement, the employer could seek reinstatement of the appeal within 30 days. The Board also ordered the parties to report the status of a separate attorney fee petition within ten days after receiving this order. The Board did not approve the settlement or decide the merits of the appeal.

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 and case remanded for consideration of a proposed settlement.
• Key point: The appeal could be reinstated if the proposed settlement was disapproved and a timely motion followed.

Full text (DOL BRB public release)

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

BRB No. 20-0275
Case Nos. 2016-LDA-00320, 00322; 2014-LDA-00002, 00298 OWCP Nos. 02-218964; 02-302680

MILTON BOWMAN
)
)
Claimant-Respondent
)
)
v. )
)
FLUOR DANIEL CORPORATION
)
) DATE ISSUED: 06/25/2020
and
)
)
INSURANCE COMPANY OF THE STATE
)
OF PENNSYLVANIA
)
)
Employer/Carrier-
)
Petitioners
) ORDER

By letter filed June 12, 2020, employer moves to remand this case to the administrative law judge for consideration of the parties’ Section 8(i) settlement agreement.

We grant employer’s motion. We dismiss employer’s appeal without prejudice and remand the case 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, 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.

In addition, within 10 days of receipt of this order, the parties are ordered to inform the Board of the status of claimant’s counsel’s fee petition in BRB No. 15-0364.

SO ORDERED.

JUDITH S. BOGGS, Chief
 Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

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