DECISION AND ORDER APPROVING SETTLEMENT
On August 27, 2012, the parties in the above-captioned matter submitted a settlement
agreement for review and approval pursuant to Section 8(i)(1) of the Longshore and Harbor
Workers’ Compensation Act (the “Act”). On September 17, 2012, I issued a Notice of
Deficiency identifying several deficiencies in the submitted settlement application. Thereafter,
on October 12, 2012, the parties submitted and amended Application For Approval of Agreed
Settlement – Section 8(i).
Upon consideration of the totality of the record including the parties’ stipulations, I find
that the proposed revised settlement is adequate and not procured by duress. 20 C.F.R. §
702.243(f). Claimant is represented by the law firm of Gillis, Mermell & Pacheco, P.A., and the
settlement application contains 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.- 2 –
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 $104,500.00 in a lump sum;
3. In addition to the amount identified in paragraph 2, Employer shall pay
$25,400.00 to the law firm of Gillis, Mermell & Pacheco, P.A. in full satisfaction
of attorney’s fees and costs expended while representing Claimant in this matter;1
4. Upon payment of the amounts set forth in paragraphs 2 and 3 above, Employer
shall be discharged from liability for all past, present, and future compensation
and medical benefits under the Act for Claimant’s injury of August 16, 2011; and
5. Upon payment of the amounts set forth in paragraphs 2 and 3 above, the file of
OWCP No. 06-212961 shall be closed, subject to the limitations of the Act.
SO ORDERED.
PAUL C. JOHNSON, JR.
Associate Chief Administrative Law Judge
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CASE NO.: 2012-LHC-01704
OWCP NO.: 06-212961
Clifford R. Mermell, Esq., created the law firm of Gillis, Mermell & Pacheco, P.A. on March 1, 1996. Mr. Mermell has been the senior and managing partner of the firm since its creation. The firm was created to champion the rights of injured workers nationwide. It represents cases under the Worker’s Compensation, Wrongful Termination, Personal Injury, Admiralty and Maritime, Defense Base Act, and Longshore & Harbor Worker’s Compensation Act Laws.