Christensen

I. BACKGROUND

Christensen, a longshoreman, filed claims for permanent partial disability and permanent total disability under the LHWCA for injuries sustained in April 1997 and April 1999. An administrative law judge (“ALJ”) awarded Christensen compensatory benefits for permanent partial disability but less than he requested, leading him to appeal the compensation award to the Department of Labor’s Benefits Review Board (“Benefits Review Board” or “Board”). The ALJ also awarded Christensen attorney’s fees and costs in the amount of $16,614.73, a determination he also appealed as inade- quate. Defendants did not appeal either award. While Chris- tensen’s appeals were pending, he filed the present action in federal district court to enforce the ALJ’s award of attorney’s fees under the LHWCA.

Shortly after Christensen filed his attorney’s fees enforce- ment action, defendants paid the $16,614.73, mooting that part of his claim. He continues to seek additional fees and costs, also under 33 U.S.C. § 921(d), arising from the enforce- ment action itself. The district court granted summary judg- ment to defendants because it found that the underlying compensation award was not final…