If you are a contractor who has been injured on the job while working overseas in Iraq, Afghanistan or on any military base across the world, your case is covered by the Defense Base Act which is an extension of the Longshore and Harbor Workers’ Compensation Act. At the Law Offices of Gillis, Mermell & Pacheco, P.A., we have a combination of over 43 years of experience in representing injured workers covered by the Defense Base Act and the Longshore and Harbor Workers’ Compensation Act. Let us put our years of experience and our reputation to work for you today! Contact us today at mail@gmpcomplaw.com, or go on our website at www.dbalawyers.com and fill out our form on the contact us page, or call us at 305 595 3350.
Here are some very interesting facts and case summaries regarding discusses settlements in a DBA or Longshore case coming directly from the Longshore Deskbook from the Benefits Review Board. The Longshore Desk Book is a searchable website which is a public record. According to the Longshore Deskbook:
Section 8(i) provides the requirements for the settlement of claims under the Act. This provision was substantially amended by the 1984 Amendments, following which the Department of Labor promulgated new regulations, effective January 31, 1986. 20 C.F.R. §§702.241, 702.242, 702.243.
Section 8(i) is the only means for compromising an employer’s obligation to pay benefits under the Act, creating an exception to Section 15(b), which states, “No agreement by an employee to waive his right to compensation under this Act shall be valid,” 33 U.S.C. §915(b), and Section 16, which provides that no assignment, release, or commutation of compensation and benefits is valid except as provided in this Act, and that all such benefits are exempt, without possibility of waiver, from claims of creditors and attachment or any other remedy to recover or collect a debt.
Prior to the 1984 Amendments, Section 8(i)(A) provided that whenever the deputy commissioner determined that it was in the “best interests” of an employee, he could approve a settlement discharging employer’s liability for compensation notwithstanding the provisions of Sections 15(b) and 16. Section 8(i)(B) allowed the Secretary to approve settlements of medical benefits notwithstanding Section 16 where it was in the best interests of the employee. Under Section 8(i)(B), only the Secretary, or her designee, had the authority to approve a settlement of medical benefits. Marine Concrete v. Director, OWCP, 645 F.2d 484, 13 BRBS 351 (5th Cir. 1981), aff’g Ladner v. Marine Concrete, 12 BRBS 742 (1980). Also, under the pre-1984 Act, a claim for death benefits under Section 9 of the Act could not be settled. S. H. DuPuy v. Director, OWCP, 519 F.2d 536, 2 BRBS 115 (7th Cir. 1975), cert. denied, 424 U.S. 965 (1976).
Section 8(i), as amended, expressly includes “any claim for compensation under this Act, including survivors benefits,” and allows the deputy commissioner/district director or administrative law judge to approve all settlements, including compensation, survivors’ benefits, and future medical benefits. The amended provision also eliminated the “best interests” standard, providing for the approval of settlements unless inadequate or procured by duress.
If you have a question about the settlement of your case or any other question in your DBA or Longshore case, Contact Us today at mail@gmpcomplaw.com, or go on our website at www.dbalawyers.com and fill out our form on the contact us page, or call us at 305 595 3350.
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.
0 Comments