LHWCA late payment award triggers attorneys’ fees

Monday, July 26, 2004
The U.S. Court of Appeals for the Fourth Circuit ruled that, under the Longshore and Harbor Workers’ Compensation Act (LHWCA), an employee who successfully prosecutes a claim for late payment of compensation is entitled to receipt of attorneys’ fees. In the instant case, the claimant and the employer settled the initial compensation claim. The employer was unable to deliver, within 10 days, to the claimant a payment of 20% of the total amount due, despite its alleged good faith effort. The claimant then sought and obtained a late payment award. The claimant then sought attorneys’ fees related to obtaining the late payment award. The employer argued that the late payment award was a penalty, not compensation, and that attorneys’ fees could only be awarded with regard to compensation matters. The court held that the late payment award was a monetary allowance payment and was more in the nature of compensation for the claimant than a penalty imposed on the employer. Newport News Shipbuilding v. Brown, No. 03-1480 (4th Cir.) (Source: HK Law)
Maritime Reporter September 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

WFW Advises ING Bank on $340m Loan Facility for Euronav

Watson, Farley & Williams (WFW) has advised ING Bank N.V. (ING) as sole bookrunner and facility agent for a syndicate of banks on a $340 million loan facility made available to Euronav NV.

UN Authorizes Ship Inspections Near Somalia For Arms, Charcoal

The United Nations Security Council authorized the inspection of boats suspected of carrying illegal shipments of charcoal or weapons to and from Somalia on Friday,

Foster Wheeler & MDM Engineering Merged

Foster Wheeler AG announced today that an indirect wholly owned subsidiary of the Company has completed the acquisition of MDM Engineering Group Limited (“MDM”)

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Navigation Offshore Oil Pod Propulsion Port Authority Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1098 sec (9 req/sec)