Edin Catal v. Fluor Conops, Limited and Starr Indemnity and Liability Company (Board decision, April 19, 2021)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board dismissed the employer and carrier's appeal without prejudice after the parties reached a settlement, and remanded the matter for review of their agreement. The settlement has not yet been approved in this order. 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

Fluor Conops and its carrier appealed an administrative law judge's order compelling discovery in Edin Catal's case. They then asked to dismiss the appeal after the parties reached a settlement. The Board granted the request without prejudice and sent the settlement agreement to the district director for consideration. If the settlement is disapproved, the employer and carrier may seek reinstatement of the appeal within 30 days of that decision.

Decision snapshot

• Authority: Settlement and appeal provisions in 33 U.S.C. §§ 908(i) and 921(b)(4), and 20 C.F.R. § 802.405(a).
• Outcome: Discovery appeal dismissed without prejudice; settlement remanded for review.
• Key point: The Board did not approve the settlement and permitted reinstatement if approval is denied.

Full text (DOL BRB public release)

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

BRB No. 21-0318
Case No. 2020-LDA-01394
OWCP No. 02-326067

EDIN CATAL
)
)
Claimant-Respondent
)
)
v. )
)
FLUOR CONOPS, LIMITED
)
) DATE ISSUED: 04/19/2021
and
)
)
STARR INDEMNITY AND LIABILITY
)
COMPANY
)
)
Employer/Carrier-
)
Petitioners
) ORDER

The Benefits Review Board acknowledges Employer’s timely notice of appeal, filed March 11, 2021, of Administrative Law Judge Stewart F. Alford’s Order Granting Motion to Compel, dated March 1, 2021. 33 U.S.C. §921(a); 20 C.F.R. §§802.205, 802.207. Employer’s appeal is assigned the Board’s docket number 21-0318. All correspondence relating to this appeal must bear this number. 20 C.F.R. §802.210.

On April 7, 2021, Employer filed a Motion to Dismiss Employer/Carrier’s Appeal, indicating the parties have reached a settlement. We grant Employer’s motion and dismiss its appeal without prejudice. The case is remanded to the district director for consideration of the parties’ settlement agreement. 33 U.S.C. §908(i); 20 C.F.R. §§702.241-702.243. In the event the settlement is not approved, the Board will reinstate this appeal upon the request of the petitioners; such a request must be filed within 30 days of the date the decision disapproving the settlement is filed. 33 U.S.C. §921(b)(4); 20 C.F.R. §802.405(a). SO ORDERED.

GREG J. BUZZARD
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge

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