United States Sixth Circuit

In the context of the Longshore and Harbor Workers' Compensation Act, attorney's fees cannot be assessed under 33 U.S.C. section 928(a) when an employer voluntarily pays compensation within thirty days of when the claimant files his or her initial claim for compensation. Further, the lack of an informal conference and the lack of a written recommendation containing a suggested disposition of the controversy, preclude the assessment of attorney's fees under section 928(b).

Appellate Information

• Decided 01/04/2007
• Published 01/04/2007

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.