DECISION AND ORDER APPROVING SETTLEMENT OF COMPENSATION AND
REMANDING FOR SETTLEMENT OF MEDICAL BENEFITS
On March 13, 2012, the parties in the above-captioned matter submitted a settlement
agreement, along with exhibits and attachments, for review and approval pursuant to Section
8(i)(1) of the Longshore and Harbor Workers’ Compensation Act (the “Act”).
Upon consideration of the totality of the record including the parties’ stipulations, I find
that the proposed settlement is adequate and not procured by duress. 20 C.F.R. § 702.243(f).
Claimant is represented by legal counsel, David Pacheco and Clifford Mermell, who have filed
an application for attorney’s fees and expenses to which the parties have agreed as part of their
settlement. I find that the fee application complies with the requirements of 20 C.F.R. §
702.132(a) and that the fees and costs requested are reasonably commensurate with the necessary
work done, taking into account the quality of representation, the complexity of the legal issues
involved and the amount of benefits obtained.
The parties represent that medical benefits will be settled separately due to the necessity
to obtain approval of a Medicare Set-Aside from the Center for Medicare Services.
Accordingly, it is hereby ORDERED:
1. Settlement in the amount set forth in the settlement agreement is approved, and
the parties are directed to carry out the terms of the settlement;
2. Employer shall pay Claimant the total amount of $160,000.00 in a lump sum;
3. Employer shall pay $42,500.00, to Claimant’s counsel in full satisfaction of their
fees and costs expended while representing Claimant in this matter;
4. The liability of Employer/Carrier for all past, present and future compensation
benefits under the Act for the injury covered by the settlement agreement shall be
discharged upon payment of the agreed upon sums as stated above.
5. This agreement does not discharge Employer/Carrier’s liability for payment of
any past or future medical benefits incurred in connection with Claimant’s March
31, 2010 injury;
6. This matter is REMANDED to the District Director for further handling, and the
parties shall submit their proposed settlement as it relates to medical benefits to
the District Director.
SO ORDERED. APAUL C. JOHNSON, JR.
Associate Chief Judge
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CASE NO: 2012-LHC-00836
OWCP NO: 06-208307