Reynolds

Reynolds v. Todd Pacific Shipyards Corp.

Good Law
122 F.3d 37·1997 WL 431841
United States Court of Appeals for the Ninth CircuitAugust 4, 1997No. 96-70852California579 words

Opinion

Lead Opinion

Loretta Reynolds appeals a decision of the Benefits Review Board dismissing her Long-shore and Harbor Workers Compensation Act claim arising from the death of her husband, Franklin Reynolds. We have jurisdiction under 33 U.S.C. § 921 (c), and affirm.

I

Reynolds seeks benefits from Todd Pacific for on-the-job exposure to asbestos that she claims contributed to her husband’s death. Todd Pacific denied liability in November 1982. During 1983 and early 1984, Reynolds settled with other parties who were potentially liable on the same claim. The settlements were for less than the total amount of Todd Pacific’s liability, and were executed without Todd Pacific’s prior written approval.

The ALJ dismissed Reynolds’s claim on account of the unauthorized settlements, relying on 33 U.S.C. § 933 (g), which was amended in 1984, and Estate of Cowart v. Nicklos Drilling Co., 505 U.S. 469 , 112 S.Ct. 2589 , 120 L.Ed.2d 379 (1992). The Board affirmed without opinion.

II

Reynolds argues that the ALJ should not have given retroactive effect to § 933(g) or to Cowart. We disagree.

Since its original enactment in 1927, § 933(g) has said that a “person entitled to compensation” who enters into…

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