Benefits Review Board Affirms Denial of LHWCA Death Benefits

In a recent case, Hale v. BAE Systems, BRB No. 17-0523 (October 10, 2018), the Benefits Review Board (BRB) affirmed the denial of death benefits under Section 33(g) of the Longshore & Harbor Workers’ Compensation Act (LHWCA). Hale v. BAE Systems Background The decedent (“Decedent”) worked as a ship-fitter and boilermaker for a number of shipyard employees. During the course of his employment, Decedent was allegedly exposed to asbestos and developed lung cancer. In 2007, Decedent filed suit in state court against a number of third party defendants. In August 2011, while the case was still pending, Decedent died. In April 2012, Decedent’s widow (“Widow”) executed a disclaimer renouncing her interest in the third party actions in favor of pursuing death benefits under the LHWCA; none of these disclaimers were filed with any court. In July 2012, the Widow filed for LHWCA death benefits. Separately, in May 2012, the local circuit court…

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