Arsovski, Viktor v. Fluor ConOps Ltd

Aug 31, 2026
2024LDA07322

ORDER GRANTING CLAIMANT MOTION TO WITHDRAW COMPLAINT PURSUANT TO 20 C.F.R. § 702.225

This matter arises under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950, as extended by the Defense Base Act, and is set for hearing on September 21, 2026.

On August 15, 2026, Claimant filed a motion to withdraw his claim.

The Longshore Act regulations allow withdrawal of claims:

(a) Before adjudication of claim. A claimant (or an individual who is authorized to execute a claim on his behalf) may withdraw his previously filed claim: Provided, that:

(1) He files with the district director with whom the claim was filed a written request stating the reasons for withdrawal;

(2) The claimant is alive at the time his request for withdrawal is filed;

(3) The district director approves the request for withdrawal as being for a proper purpose and in the claimant‘s best interest; and

(4) The request for withdrawal is filed on or before the date the OWCP makes a determination on the claim.

(b) After adjudication of claim. A claim for benefits may be withdrawn by a written request filed after the date the OWCP makes a determination on the claim: Provided, That:

(1) The conditions enumerated in paragraphs (a) (1) through (3) of this section are met; and

(2) There is repayment of the amount of benefits previously paid because of the claim that is being withdrawn or it can be established to the satisfaction of the Office that repayment of any such amount is assured.

20 C.F.R. § 702.225; see, e.g., Lundy v. Atlantic Marine, 9 BRBS 391 (1978); Graham v. Ingalls Shipbuilding/Litton Sys, 9 BRBS 155 (1978). While the regulation refers to the District Director, ALJ‘s may also approve motions for withdrawal of claims. See, e.g., Langley v. Kellers’ Peoria Harbor Fleeting, 27 BRBS 140 (1993).

I find based on Claimant‘s representation through counsel that he has decided to withdraw his claim, and the fact that he is represented by counsel in so doing, that this withdrawal is in his best interest and is for a proper purpose. Claimant‘s motion is GRANTED, the claim is withdrawn and the hearing VACATED, and this case is CLOSED.

SO ORDERED.

EVAN H. NORDBY

Administrative Law Judge