FORCE v. DIRECTOR, OWCP, DEPT. OF LABOR

No. 89-70520.

938 F.2d 981 (1991)

Lucille FORCE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; DEPARTMENT OF LABOR; Fireman's Fund Insurance Company, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1991.


Attorney(s) appearing for the Case

Victoria Edises, Kazan, McClain, Edises & Simon, Oakland, Cal., for petitioner Force.

Richard C. Kelley, Hanna, Brophy, Maclean, McAleer & Jensen, San Francisco, Cal., for respondents Kaiser Aluminum and Chemical Corp. and Fireman's Fund Ins. Co.

Samuel J. Oshinsky, U.S. Dept. of Labor, Washington, D.C., for respondent Director, Office of Workers' Compensation Programs.

Before D.W. NELSON, KOZINSKI and T.G. NELSON, Circuit Judges.


KOZINSKI, Circuit Judge.

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

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