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Relying on Federal Court precedent, a Pennsylvania intermediate
appellate court resolved whether the plain language of Section 916
of the Longshore and Harbor Workers' Compensation Act
("LHWCA") prohibits the assignment of benefits where the
employer/insured entered into a reinsurance agreement with another
insurer to pay the structured settlement payments. "In other
words, a determination must be made as to whether [the
employee's] claim under the LHWCA was resolved when the
Reinsurance Agreement was entered, and whether the settlement
payouts are being made to him pursuant to a contract where he is a
third party beneficiary."
The Court ultimately reversed the lower court's decision
which had permitted the transfer, holding "it would be absurd
to allow a party, who expressly settled a LHWCA claim, to avoid the
anti-assignment clause of the LHWCA merely by engaging in the
common practice of purchasing an annuity or having a separate
insurance company pay the structured settlement payments .... [and]
to utilize the [petitioner's] interpretation of Section 916
would effectively render the LHWCA inapplicable, as any form of
reinsurance agreement or annuity would be considered a payment of
the outstanding claim."
In re: C. Dwyer, No. 149 WDA 2016
(Sup. Ct. Pa. January 27. 2017)
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