Clarence Simon v. DOWCP ( 2020 )

Case: 19-60215 Document: 00515534631 Page: 1 Date Filed: 08/20/2020
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
August 20, 2020
No. 19-60215 Lyle W. Cayce
Clerk
Clarence J. Simon,
Petitioner,
versus
Director, Office of Workers’ Compensation Programs,
United States Department of Labor;
Longnecker Properties, incorporated;
Seabright insurance company,
Respondents.
Petition for Review of an Order
of the Benefits Review Board
BRB No. 17-0579
Before Jolly, Jones, and Willett, Circuit Judges.
Per curiam: *
Clarence Simon appeals from an adverse decision of the Benefits
Review Board, which affirmed an administrative law judge ruling that Simon
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited circumstances set
forth in 5th Circuit Rule 47.5.4
Case: 19-60215 Document: 00515534631 Page: 2 Date Filed: 08/20/2020
No. 19-60215
is barred from recovering benefits because he previously settled his claim
with a third party without obtaining the employer’s (Longnecker’s) prior
written approval. See 33 U.S.C. § 933(g). The administrative law judge held
the settlement existed and was valid based on collateral estoppel, and the
estoppel derived from an earlier federal court case. See Simon v. Longnecker
Properties, Inc., No. 15-31113, 671 Fed App’x. 277 (Mem.)(5th Cir. Dec. 7,
2016). Our review considers whether the Benefits Review Board “correctly
concluded that the [ALJ’s] order was supported by substantial evidence on
the record as a whole and is in accordance with the law.” Ingalls Shipbuilding,
Inc. v. Director, OWCP, 991 F.2d 163, 165 (5th Cir. 1993). We have carefully
reviewed the record in this case, together with the parties’ briefs. Having
done so, we find no error of fact or law. AFFIRMED.
2