Attorney's Fees Denied

Tuesday, February 22, 2005
The U.S. Court of Appeals for the Fourth Circuit ruled that a longshoreman who filed a supplemental claim for compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA) was not entitled to an award of attorney’s fees. In the instant case, the longshoreman filed a claim for compensation, which was promptly paid by his employer. Subsequently, his attorney filed a supplemental claim, asserting that the injury prevented him from working for three more days than originally claimed. The employer promptly paid the supplemental claim. The attorney then sought an award for attorney’s fees. The court held that nothing in the LHWCA allowed for award of attorney’s fees in this situation. Virginia International Terminals, Inc. v. Edwards, No. 04-1338 (4th Cir., February 16, 2005)(HK Law)

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