Lincoln v. DOWCP

Petitioner sought attorney's fees from Ceres for his purusit of a claim for disability benefits under section 928(a) of the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. 928(a). The court concluded that section 928(a)'s plain language requires fee-shifting only when an employer has paid no compensation within 30 days of receiving the official claim. In this case, Ceres voluntarily paid petitioner one week's compensation within 30 days of receiving his claim, and thereby admitting to liability for the injury for the purposes of section 928(a). Ceres met the requirement of section 928(a), moving the dispute to section 928(b). Petitioner was entitled to the services of an attorney but, under the LHWCA's fee-shifting scheme, petitioner was not entitled to have that attorney paid for by Ceres. The court held that Ceres's payment of one week's benefits at the maximum compensation rate, being directly tied as it was to petitioner's alleged injury, qualified as "compensation" within the meaning of section 928(a). Finally, the court rejected petitioner's claim that when Ceres filed a notice of controversion prior to the payment at issue, it signaled that it was controverting his claim, and by doing so, irrevocably triggered section 928(a). Accordingly, the court denied the petition View "Lincoln v. DOWCP" on Justia Law