United States Second Circuit

Department of Labor's Benefits Review Board decision, which reversed the ALJ's termination of longshoreman's permanent partial disability award, is reversed and remanded for a determination of whether a settlement overcompensated worker in order to bypass the last employer rule.

Appellate Information

• Argued 12/06/2002
• Decided 07/21/2003
• Published 07/21/2003

Judges

• JOHN M. WALKER, JR., Chief Judge., Before:  WALKER, Chief Judge, OAKES and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas C. Fitzhugh, III (Matthew H. Ammerman, on the brief), Fitzhugh & Elliott, P.C., Houston, TX, for Petitioners.


• For Appellees:
  
• David A. Kelly, Montstream & May, Glastonbury, CT, for Respondent Richard Lake., Joshua T. Gillelan, II, U.S. Dept. of Labor, Washington, D.C., for Respondent OWCP.