Edward O'neil, Personal Representative of the Estate of Raymond O'Neil v. Bunge Corporation Director, Office of Workers' Compensation Programs

Edward O’Neil, as the personal representative of the estate of Raymond O’Neil (“O’Neil”), appeals the denial of O’Neil’s claim for benefits by the Department of Labor Benefits Review Board (“BRB”). We must decide whether O’Neil and his former employer entered into an enforceable settlement even though O’Neil died before signing a settlement application prepared by the parties’ attorneys. Settlement of O’Neil’s benefit claim is governed by Section 8® of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 908 (i) [hereinafter § 908(i)], and its implementing regulations, 20 C.F.R. §§ 702.241 to 702.243. The LHWCA regulations make clear that approval of a settlement is contingent upon the submission of a signed settlement application. Because Raymond O’Neil did not sign the settlement application, there is no enforceable settlement agreement between O’Neil and Bunge.

Background

O’Neil suffered a work-related myocardial infarction on March 18, 1980, and began receiving permanent partial disability compensation pursuant to a compensation order issued on August 2, 1988. In 1998, O’Neil through his attorney began negotiations with the Bunge Corporation (“Bunge”),…