Dorelda Gilliland v. E.J. Bartells Co., Inc. Wausau Insurance Co. Director, Office of Workers' Compensation Programs

GRABER, Circuit Judge:

This appeal requires us to decide how to compute the offset to which an employer owing benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA) is entitled under 33 U.S.C. § 933(f) when a claimant receives a third-party tort recovery that includes ongoing, periodic payments funded by an annuity contract. The Director of the Office of Workers’ Compensation Programs (Director) allowed the employer to offset the amount of each periodic payment against benefits owed at the time the payment was made. Because that method of computing the offset reasonably…