Benefits Review Board (BRB) - United States Department of Labor


Click for PDF Version


Section 11 provides that the deputy commissioner may require the appointment of a guardian, for any person who is mentally incompetent or a minor, to receive compensation and perform other functions required under the Act.


Clause in third-party settlement agreement signed by employee waiving all claims of heirs, executors, assigns, next of kin, or other legal representatives, does not, absent court approval, operate to waive a minor childís right to seek death benefits under the Act. The employee does not have the right to settle or waive in advance any death benefits that might accrue to his minor children. Section 11 envisions the appointment by a court of a guardian to act on the minorís behalf. St. John Stevedoring Co., Inc. v. Wilfred, 818 F.2d 397 (5th Cir.), cert. denied, 484 U.S. 976 (1987), aff'g in part and rev'g in part Jones v. St. John Stevedoring Co., Inc., 18 BRBS 68 (1986).

To Top of Document