United States Fifth Circuit

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.

Appellate Information

• Decided 02/26/2002
• Published 02/26/2002

Judges

• JERRY E. SMITH, Circuit Judge:, Before JOLLY, SMITH and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• 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.