Ryan Carballo v. Prock Marine Company (Board decision, June 18, 2026)

BRB interlocutory order. The Board dismissed the employer's appeal without prejudice and returned the case to the administrative law judge for review of a proposed settlement. The settlement has not yet been approved, and the Board may reinstate the appeal if approval is denied. 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 seek Board reconsideration within 30 days under § 802.407.

Plain-English summary

Ryan Carballo's Longshore Act case against Prock Marine was on appeal by the employer and its carrier. The parties then reached a proposed settlement and jointly sought to return the case for approval. The Board dismissed the appeal without prejudice and sent the case to the administrative law judge to consider the settlement. If the judge denies approval, the employer can ask the Board to reinstate its appeal.

Decision snapshot

• Authority: Settlement approval under 33 U.S.C. § 908(i); reinstatement under 20 C.F.R. § 802.405(a).
• Outcome: Appeal dismissed without prejudice; proposed settlement sent to the judge for review.
• Key point: The Board has not approved the settlement, and the appeal may resume if approval is denied.

Full text (BRB public release)

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

BRB No. 24-0458
Case No. 2024-LDA-00311
OWCP No. LS-01401494

RYAN CARBALLO
)
)
Claimant-Respondent
)
)
v. )

PROCK MARINE COMPANY
)
)
NOT-PUBLISHED
)
and
)
) DATE ISSUED: 06/18/2026
AMERICAN LONGSHORE MUTUAL
)
ASSOCIATION, LTD. c/o THE
)
AMERICAN EQUITY UNDERWRITERS,
)
INCORPORATED (AEU)
)
)
Employer/Carrier-
)
Petitioners
)
ORDER

On September 10, 2024, Employer and its Carrier (Employer) timely appealed Administrative Law Judge (ALJ) Jonathan C. Calianos’s Order Granting Claimant’s Motion to Dismiss and Order Denying Motion for Reconsideration (2024-LHC-00311) rendered in a case arising under the Longshore and Harbor Workers’ Compensation Act, as amended, 33 U.S.C. §§901-950 (Act). 33 U.S.C. §921. On June 12, 2026, Employer filed an “Unopposed Motion for Remand.” 20 C.F.R. §802.219(a). Employer’s motion indicates the parties have reached a settlement pursuant to Section 8(i) of the Act, 33 U.S.C.
§908(i), and requests the Benefits Review Board dismiss the appeal and remand the case to the Office of Administrative Law Judges (OALJ) for approval of their settlement application. Employer states Claimant consents to the motion.

We grant Employer’s motion and dismiss its appeal, BRB No. 24-0458, without prejudice. We remand the case to the ALJ for proceedings related to the Section 8(i) settlement. 33 U.S.C. §908(i); 20 C.F.R. §§702.241-702.243. If the ALJ does not approve the settlement, and Employer wishes for review of the merits of the issues raised in BRB No. 24-0458, the Board will reinstate the appeal upon its request. 33 U.S.C. §921(b)(4); 20 C.F.R. §802.405(a).

SO ORDERED.

DANIEL T. GRESH, Chief
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

GLENN E. ULMER
Administrative Appeals Judge

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