WEAVER v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS, 00-60475
Under the fee-shifting provision of the Longshore and Harbor Workers' Compensation Act, if an employer controverts a claim within the 30-day window following receipt, and other requirements to recovery of attorney fees have been met, fees accrued thereafter may be assessed against the employer, even though they are incurred before the 30th day; however, fees incurred before the claimant receives notice that the employer is controverting the claim cannot be charged against the employer.
- Decided 02/26/2002
- Published 02/26/2002
- JERRY E. SMITH, Circuit Judge:, Before JOLLY, SMITH and BENAVIDES, Circuit Judges.
- United States Fifth Circuit
- For Appellant:
- Mitchell G. Lattof, Sr. (argued), Lattof & Lattof, Mobile, AL, for Petitioner., Carol A. De Deo, Laura Jessica Stomski, Kristin M. Dadey (argued), U.S. Dept. of Labor, Thomas O. Shepherd, Jr., Clerk, Benefits Review Board, Washington, DC, Michael O. Brewer, U.S. Dept. of Labor, Employment Standards Administration, New Orleans, LA, for Director, Office of Worker's Compensation Programs, U.S. Dept. of Labor., Richard P. Salloum, Traci Marie Castille (argued), Franke, Rainey & Salloum, Gulfport, MS, for Ingalls Shipbuilding, Inc.