United States Second Circuit

Order of Benefits Review Board allowing a credit for entire amount of a settlement resolving various state law claims to be taken against a death benefits award under Section 3(e) of the Longshore and Harbor Workers' Compensation Act is reversed, as only the portion of the settlement related to state law death benefit claims may be credited against the death benefit award under the Longshoreman's Act.

Appellate Information

• Decided 05/18/2007
• Published 05/18/2007

Judges

• KATZMANN, Circuit Judge., Before KEARSE, CABRANES, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Carolyn P. Kelly, O'Brien, Shafner, Stuart, Kelly & Morris, P.C., Groton, CT, for Petitioner.


• For Appellees:
  
• Peter D. Quay, Murphy and Beane, New London, CT for Respondent Electric Boat Corporation., Matthew W. Boyle, (Howard M. Radzely, Solicitor of Labor, Allen H. Feldman, Associate Solicitor, Mark A. Reinhalter, Counsel for Longshore on the brief), United States Department of Labor, Washington, D.C. for Respondent Director, Office of Workers' Compensation Programs.