Eric Kabaale v. Reed International and Insurance Company of the State of Pennsylvania (Board decision, March 25, 2021)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board dismissed the employer and carrier's appeal without prejudice and sent a proposed settlement to the district director. The agreement remains subject to approval. 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

Reed International and its carrier told the Board that they had reached an agreement to settle Eric Kabaale's claim. They asked the Board to send the matter to the district director for approval. The Board dismissed their appeal without prejudice and remanded the case for consideration of the settlement. If approval is denied, they may ask the Board to reinstate the appeal within 30 days of the disapproval decision.

Decision snapshot

• Authority: Longshore Act settlement rule in 33 U.S.C. § 908(i) and reinstatement rule in 20 C.F.R. § 802.405(a).
• Outcome: Employer's appeal dismissed without prejudice; proposed settlement remanded for review.
• Key point: The Board left the merits appeal available if the proposed settlement is 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. 21-0132
Case No. 2020-LDA-01302
OWCP No. 02-032592

ERIC KABAALE
)
)
Claimant-Respondent
)
)
v. )
)
REED INTERNATIONAL
)
) DATE ISSUED: 03/25/2021
and
)
)
INSURANCE COMPANY OF THE STATE
)
OF PENNSYLVANIA
)
)
Employer/Carrier-
)
Petitioners
) ORDER

By motion filed March 4, 2021, Employer/Carrier (Employer) informs the Benefits Review Board that the parties have reached an agreement to settle Claimant’s claim. Employer requests that the Board remand the case for consideration of the settlement agreement pursuant to Section 8(i) of the Act, 33 U.S.C. §908(i).

We grant Employer’s motion, dismiss its appeal without prejudice, and 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 the petitioner wishes review of the merits of this appeal, the Board will reinstate the appeal at the request of the petitioner; such a motion must be filed within 30 days of the date the settlement is disapproved. 20 C.F.R. §802.405(a).

SO ORDERED.
JUDITH S. BOGGS, Chief
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge

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