Lucille Force v. Director, Office of Workers' Compensation Programs Department of Labor Fireman's Fund Insurance Company

This is an appeal from a Benefits Review Board (BRB) decision awarding petitioner Lucille Force benefits pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. We must decide whether, and to what extent, an employer is entitled to set off against its workers’ compensation liability amounts paid to a claimant by a third party as part of a civil settlement.

Facts and Prior Proceedings

George Force was exposed to asbestos while employed by Kaiser Aluminum and Chemical Corporation in the 1940s. Prior to his 1984 death from asbestos-related mesothelioma, he filed a claim against Kaiser for LHWCA disability benefits. He and his wife Lucille also sued various asbestos manufacturers (the “third parties”). Mr. Force sought recovery for his personal injuries and Mrs. Force sought recovery for loss of consortium. They also asked for punitive damages. Before the LHWCA case went to trial, they settled their third party claims for $480,360. As part of the settlement, Mrs. Force and the couple’s two children, Gary and Robert, waived all their potential claims for wrongful death.

After Mr. Force’s death, Mrs. Force filed a claim against Kaiser under…