MALLOTT & PETERSON v. DIRECTOR, WORKERS' COMP.

No. 94-70927.

98 F.3d 1170 (1996)

MALLOTT & PETERSON and Industrial Indemnity Co., Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR; Beatrice Stadtmiller, widow of Delbert Stadtmiller, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided October 24, 1996.


Attorney(s) appearing for the Case

Roger A. Levy, Laughlin, Falbo, Levy & Moresi, San Francisco, CA, for petitioners.

Victoria Edises and Anne Michelle Burr, Kazan, McClain, Edises, Simon & Abrams, Oakland, CA; Mark A. Reinhalter, Office of the Solicitor, Department of Labor, Washington, DC, for respondents.

Before: SNEED, NORRIS, and WIGGINS, Circuit Judges.


WILLIAM A. NORRIS, Circuit Judge:

Section 933 of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (1988) (LHWCA or Act), establishes a claimant's right to pursue claims for his or her injuries against third parties without forgoing compensation under the Act. Subsection (g), the provision at issue in this case, protects employers against claimants entering into inordinately low settlements that would deprive the employer of a proper...

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