Cite as: 519 U. S. 248 (1997)
Opinion of the Court
Wynn E. Clark argued the cause for respondent Yates. With him on the brief was Ransom P. Jones III.*
Justice O'Connor delivered the opinion of the Court.
Section 33 of the Longshore and Harbor Workers' Compensation Act (LHWCA or Act), 44 Stat. 1424, as amended, 33 U. S. C. § 933, gives the "person entitled to compensation" two avenues of recovery: Such a person may seek to recover damages from the third parties ultimately at fault for any injuries and still recover compensation under the Act from the covered worker's employer as long as the worker's employer gives its approval before the person settles with any of the third party tortfeasors. The question we decide today is whether an injured worker's spouse, who may be eligible to receive death benefits under the Act after the worker dies, is a "person entitled to compensation" when the spouse enters into a settlement agreement with a third party before the worker's death. We also consider whether the Director of the Office of Workers' Compensation Programs (OWCP) is a proper respondent in proceedings before the courts of appeals.
I
Jefferson Yates worked for Ingalls as a shipfitter at its Pascagoula shipyards in Mississippi between 1953 and 1967 and was exposed to asbestos in his workplace during this time. In March 1981, Mr. Yates was diagnosed as suffering from asbestosis, chronic bronchitis, and possible malignancy in his lungs. Less than a month later, he filed a claim for disability benefits under § 8 of the LHWCA, 33 U. S. C. § 908, asserting that his present condition resulted from his expo-*Briefs of amici curiae urging reversal were filed for Bethlehem Steel Corp. by Robert E. Babcock; and for the National Association of Water-front Employers et al. by Charles T. Carroll, Jr., Thomas D. Wilcox, and Franklin W. Losey.
Victoria Edises and Anne Michelle Burr filed a brief for the Asbestos Victims of America as amicus curiae urging affirmance.
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