Ingalls Shipbuilding, Inc. v. Director, Office of Workers' Compensation Programs, 519 U.S. 248, 15 (1997)

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262

INGALLS SHIPBUILDING, INC. v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

Opinion of the Court

LHWCA § 33(g), and does not forfeit the right to collect death benefits under the Act for failure to obtain the worker's employer's approval of settlements entered into before the worker's death.

III

Ingalls also challenges the "standing" of the Director, OWCP, to appear before the courts of appeals as a respondent in cases in which there are already two adverse litigants. To assess this claim, familiarity with the Act's appeals process, as well as with the Director's role within that process, is helpful.

A person seeking compensation under the Act must file a timely claim with the local deputy commissioner. 33 U. S. C. § 913(a) (1-year limitation period). The commissioner notifies the employer of the claim, § 919(b), at which time the employer might: (i) agree to pay the amount of benefits fixed by the Act, 20 CFR § 702.231 et seq. (1996) (procedures for payment of noncontroverted claims); (ii) enter into a formal settlement with the person seeking compensation for a (presumably) lesser amount, subject to the approval of the deputy commissioner or an ALJ, 33 U. S. C. § 908(i); 20 CFR § 702.241 et seq. (1996); or (iii) give notice that it is denying liability for, or controverting, the claim, § 702.251. If the employer controverts the claim, the deputy commissioner is empowered to attempt to resolve the parties' dispute informally. § 702.311 et seq. Should informal discussions prove unsuccessful, the commissioner refers the matter to an ALJ and a formal hearing is held. 33 U. S. C. §§ 919(c)-(d); 20 CFR § 702.316 (1996). "[A]ny party in interest" may appeal the ALJ's decision to the Benefits Review Board. 33 U. S. C. § 921(b)(3). An appeal from the Board's decision to the courts of appeals may be initiated by "[a]ny person adversely affected or aggrieved by a final order of the Board." § 921(c); see also 20 CFR § 802.410(a) (1996).

The Director, OWCP, plays a significant role in this process. In addition to being charged with the LHWCA's ad-

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