702.241 Definitions and supplementary information.
(a) As used in § § 702.241 through 702.243, the term
Adjudicator means district director or administrative law judge (ALJ).
Compensation case means a claim for compensation or other statement indicating potential entitlement to compensation or benefits.
Counsel means any attorney admitted to the bar of any state, territory or the District of Columbia.
(b) Parties may settle a compensation case only with an adjudicator’s approval. The settlement may include disability compensation, death benefits, medical benefits, attorney’s fees, and costs. An adjudicator must approve the settlement unless it is inadequate or was procured by duress. If all parties to the settlement are represented by counsel, completed applications will be deemed approved unless specifically disapproved by an adjudicator within 30 days of receipt of the application unless the adjudicator requests additional information under § 702.243(a).
(c) Receipt of a settlement application occurs
(1) For submissions to a district director, on the day OWCP receives a complete application.
(2) For submissions to an ALJ, when the application is considered filed under the OALJ’s rules of practice and procedure (29 CFR part 18).
(3) For compensation cases pending before a higher tribunal, the date the tribunal takes action indicating the adjudicator should consider the settlement (e.g., enters an order remanding the case, dismisses the appeal).
(d) The 30-day period for consideration of a settlement begins the day after the adjudicator’s receipt of a complete application. If the 30th day is a Saturday, Sunday or legal holiday, the next business day will be considered the 30th day.
(e) An agreement by the parties to settle a compensation case is limited to the rights of the parties and to claims then in existence. Settlement of disability compensation or medical benefits for the injured employee will not affect, in any way, the right of the employee’s survivor(s) to claim death benefits.
85 FR 80611, Dec. 14, 2020