The Second Circuit has decided a case raising the issue of whether the entire amount of a state law settlement covering both disability and death benefits may be credited against an award of death benefits under the Longshore and Habor Workers' Compensation Act. The Court held that it may not and that only the portion of the settlement funds directed toward state law death benefit cliams may be credited. The case was remanded to the Benefits Review Board for fact-finding regarding the allocation of the petitioner's prior state settlement between death benefits and disability benefits, noting that the burden of proof would be on the party asserting the credit.
The decision in Barscz v. Director, Office of Werkers' Compensation Programs
can be found here