21 Sep 2018
United States: Worker Who Settles Third-Party Tort Suit Without Notice to Employer Forfeits Right to Benefits Under Longshore Act
Where an injured worker filed a claim for benefits with the Office of Workers’ Compensation Programs for total/permanent disability benefits under the Longshore and Harbor Workers Compensation Act (LHWCA) and, without notice to the employer, settled a third-party tort action for $325,000 that was based on the same accident, the worker forfeited any right to compensation or medical benefits that he might otherwise have under the LHWCA.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Parfait v. Director, OWCP, 2018 U.S. App. LEXIS 25736 (5th Cir. Sept. 11, 2018)
See generally Larson’s Workers’ Compensation Law, § 117.01.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law