702.242 Information necessary for a complete settlement application.
(a) A settlement application must be made on a form prescribed by OWCP. The settlement application must include all information required by the form, including
(1) A brief summary of the facts of the case, including a description of the incident; a description of the nature of the injury; the degree of impairment or disability; the claimantâ€™s average weekly wage; and a summary of compensation paid;
(2) The amounts to be paid under the settlement for compensation, medical benefits, death benefits, attorneyâ€™s fees and costs, as appropriate;
(3) The signatures of all parties agreeing to the settlement as stated in the application and attesting that the settlement is adequate and was not procured by duress; and
(4) If the settlement application includes the partiesâ€™ agreement on more than one form of compensation or benefits, a statement whether the parties agree to settle the parts independently if the adjudicator does not approve the settlement in its entirety.
(b) The adjudicator may request additional information from the parties if he or she believes, under the particular circumstances of the case, that such information is necessary to determine whether the settlement is adequate or has been procured by duress.
(c) The adjudicator will not consider any information a party submits other than the settlement application required by paragraph (a) of this section, additional information requested by the adjudicator under paragraph (b) of this section, or information in the case record before the settlement application is filed.
(d) To submit a completed settlement application
(1) The parties must submit the application to a district director in all cases unless the case is pending before the OALJ. Submission must be made under the procedures set forth at § 702.101(a) except that if a hard copy is submitted under that provision, the application must be sent by certified mail with return receipt requested or by a commercial delivery service with tracking capability that provides reliable proof of delivery to the district director.
(2) In cases pending before the OALJ, the parties may either
(i) Request that the case be remanded to the district director for consideration of the application and, after remand, file the application with a district director under paragraph (d)(1) of this section; or
(ii) Submit the application to OALJ under the procedures set forth in the OALJâ€™s rules of practice and procedures (29 CFR part 18) for consideration.
(e) If the parties submit a settlement application to a district director while the compensation case is pending at the Benefits Review Board or a court, the parties must notify the Board or the court and request that the case be remanded or otherwise returned to the district director for consideration of the application.
85 FR 80611, Dec. 14, 2020