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BARSCZ v. DIRECTOR, OWCP AND ELEC. BOAT CORP.

Docket No. 05-6420-AG.

486 F.3d 744 (2007)

Anna BARSCZ (Widow of Charles Barscz), Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS AND ELECTRIC BOAT CORPORATION, Respondents.

United States Court of Appeals, Second Circuit.

Decided: May 18, 2007.

Attorney(s) appearing for the Case

Carolyn P. Kelly, O'Brien, Shafner, Stuart, Kelly & Morris, P.C., Groton, CT, for Petitioner.

Peter D. Quay, Murphy and Beane, New London, CT for Respondent Electric Boat Corporation.

Matthew W. Boyle, (Howard M. Radzely, Solicitor of Labor, Allen H. Feldman, Associate Solicitor, Mark A. Reinhalter, Counsel for Longshore on the brief), United States Department of Labor, Washington, D.C. for Respondent Director, Office of Workers' Compensation Programs.

Before KEARSE, JOSÉ CABRANES, and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge.

This case calls on us in principal part to determine whether the entire amount of a state law settlement covering both disability and death benefits may be credited against an award of death benefits under the Longshore and Harbor Workers' Compensation Act ("Longshoreman's Act" or "Act"), 33 U.S.C. § 901 et seq. For the reasons that follow, we hold that it may not and that only the portion of the settlement funds directed toward...

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