United States Sixth Circuit

The lack of a written recommendation for the disposition of a controversy precludes attorney's fee liability under 33 U.S.C. section 928(b). In a case arising out of a claim for worker's compensation benefits under the Longshore and Harbor Workers' Compensation Act, a determination of permanency with respect to an injured employee's cognitive disability and denial of an employer's motion to compel are affirmed, while an award of attorney's fees for the employee is reversed as the award was not warranted under the applicable statute.

Appellate Information

• Decided 08/02/2006
• Published 08/02/2006

Judges

• Before MOORE and McKEAGUE, Circuit Judges;  POLSTER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gregory P. Sujack, Garofalo, Schreiber, Hart & Storm, Chicago, Illinois, for Petitioners.  Steven C. Schletker, Steven Schletker, Attorney at Law, Covington, Kentucky, for Respondents.   ON BRIEF:  Gregory P. Sujack, Garofalo, Schreiber, Hart & Storm, Chicago, Illinois, for Petitioners.  Steven C. Schletker, Steven Schletker, Attorney at Law, Covington, Kentucky, for Respondents.