United States Fourth Circuit

Plaintiff sought attorney's fees under 33 U.S.C. section 928, which allows for such fees to an employee who successfully prosecutes a claim for compensation, and the Court granted plaintiff's petition, ruling that her previous award for late payment of compensation under 33 U.S.C. section 914(f) should also be considered compensation that would trigger the fee provision of section 928.

Appellate Information

• Decided 07/19/2004
• Published 07/19/2004

Judges

• Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Christopher Roland Hedrick, Mason, Mason, Walker & Hedrick, P.C., Newport News, Virginia, for Petitioner.  Gregory Edward Camden, Montagna, Breit, Klein & Camden, L.L.P., Norfolk, Virginia, for Respondent Brown;  Joshua Thomas Gillelan, II, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Director, Office of Workers' Compensation Programs. ON BRIEF:  Howard M. Radzely, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Mark A. Reinhalter, for Longshore, Washington, D.C., for Director, Office of Workers' Compensation Programs.