In the 1970s, Claimant worked for a LHWCA-covered employer as a welder. Subsequently, he worked for non-covered employers until he retired voluntarily. During the course of his employment with the Longshore employer, Claimant was exposed to asbestos, and, in 2009, he was diagnosed with lung cancer. In August 2010, Claimant filed a claim for benefits under Connecticut state workers’ compensation law. On December 5, 2012, the state workers’ compensation commissioner approved settlement, and Claimant received payment on approximately the same day. In October 2013, Claimant filed a claim for benefits under the LHWCA. Employer filed a motion for summary decision, asserting that the claim was not filed timely. The administrative law judge denied the motion and awarded benefits to Claimant; Employer appealed to the Benefits Review Board.

The Board, in reviewing Section 13(b)(2), noted that Claimant would be barred from filing a LHWCA claim if he failed to file either within two years of becoming aware of the relationship between his illness and his employment, or within one year of the last payment of compensation. As to the latter factor, the Board looked to the definition of “compensation” under Section 2(12). In interpreting “compensation” under that provision, the Board held that a settlement for workers’ compensation benefits under a state statutory scheme was a “payment of compensation” sufficient to toll the statute of limitations under Section 13(b)(2). Thus, Claimant’s October 2013 claim was timely filed within one year of his state-approved settlement in December 2012.

Robinson v. Electric Boat Corp.