United States Third Circuit

Petition for review of an order awarding benefits to a claimant under the Longshore and Harbor Workers' Compensation Act (LHWCA) is denied where, under applicable laws and regulations, claimant was not obliged to respond to requests from his employer regarding his earnings when it was not paying him compensation at the time of its requests.

Appellate Information

• Argued 10/26/2005
• Decided 03/13/2006
• Published 03/13/2006

Judges

• Before SLOVITER, FISHER, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John E. Kawczynski (argued), Field, Womack & Kawczynski, South Amboy, NJ, for Petitioners Delaware River Stevedores, Inc. and Liberty Mutual Insurance Company and for Amicus Curiae Weeks Marine, Inc.


• For Appellees:
  
• David M. Linker (argued), Freedman & Lorry, Philadelphia, PA, for Respondent Edward DiFidelto., Howard M. Radzely, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Mark A. Reinhalter, Counsel for Longshore, Richard A. Seid (argued), United States Department of Labor, Office of the Solicitor, Washington, DC, for Respondent Director, Office of Workers' Compensation Programs.