United States Ninth Circuit

In a challenge to the Office of Workers' Compensation Programs' (OWCP) decision setting an attorney's fee for a prevailing claimant, the OWCP's decision is vacated in part, where the fee award was not based on substantial evidence, but affirmed in part, where the claimant failed to preserve the issue of whether the award was delayed.

Appellate Information

• Decided 03/02/2009
• Published 03/02/2009

Judges

• Before:  W. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and JOHN M. ROLL, Chief District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles Robinowitz, Portland, OR, Joshua Thomas Gillelan, II, Esquire, Washington, DC, for Bruce W. Christensen., Carol Dedeo, Esquire, Michael Niss, Esquire, Mark A. Reinhalter, Esquire, LABR-U.S. Department of Labor Office of the Solicitor, Thomas Shepard, Esquire, Benefit Review Board, Rita Roppolo, Esquire, U.S. Department of Labor, Washington, DC, Karen P. Staats, Esquire, OWCP Longshore and Harbor Workers Programs, Seattle, WA, Phillip Williams, Esquire, U.S. Department of Labor, San Francisco, CA, for Director, Office of Workers Compensation Programs., John R. Dudrey, Esquire, Williams, Fredrickson & Stark, P.C., Portland, OR, for Stevedoring Services of America and Homeport Insurance Co.