Homeport Insurance v. McRae CA1/4

BACKGROUND

As alleged in plaintiff’s verified complaint, this case originated from a separate administrative claim for death benefits under the LHWCA that McRae filed after her alleged husband passed away following an injury he suffered during his employment at the Port of Oakland. The LHWCA provides for benefits to be paid by an employer for injury or death arising out of and in the course of maritime employment. (33 U.S.C. §§ 902(2)–(3), 909.) When a LHWCA claim is filed with the DOL, a deputy commissioner has the power to investigate and resolve the claim and is required to hold a hearing on the claim before an administrative law judge (ALJ) if requested by an interested party. (Id. at § 919.) Settlement of a LHWCA claim requires the approval of an ALJ or deputy commissioner (id. at § 908(i)(1)), and an order approving settlement is a compensation order that must be paid within 10 days to avoid a monetary penalty. (Id. at §§ 914(f), 919(e).) Additionally, where an employer or insurance carrier claims lack of liability and a claimant successfully prosecutes his or her

1 All further statutory references are to the Code of Civil

Procedure unless otherwise indicated.

2 claim,…