United States Fourth Circuit

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Lincoln v. Director, Office of Workers' Compensation Programs, 13-1594

The petition for attorney's fees for petitioner's pursuit of a claim for disability benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA) against his employer is denied, where: 1) 33 U.S.C. section 928(a)'s plain language requires fee-shifting only when an employer has paid no compensation within 30 days of receiving the official claim, and the employer here voluntarily paid petitioner one week's compensation within 30 days of receiving his claim; and 2) the employer's payment of one week's benefits at the maximum compensation rate, being directly tied as it was to petitioner's alleged injury, qualifies as "compensation" within the meaning of section 928(a).

Appellate Information

  • Decided 03/11/2014
  • Published 03/11/2014

Judges

  • WILKINSON

Court

  • United States Fourth Circuit

Counsel

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