Portland Stevedoring Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Dale M. Loiselle

Petitioner-employer Portland Stevedoring Company (Portland) seeks review of an order of the Benefits Review Board (Board) which awarded the attorney of respondent-claimant Dale M. Loiselle a fee of $400 to be paid directly by employer to Loiselle’s attorney in a lump sum.

Loiselle was injured on February 7, 1965. On March 4, 1969, the Deputy Commissioner awarded him compensation for permanent partial disability from June 8, 1965, at the rate of $12 per week, payable in biweekly installments. After rejecting a settlement agreement in the amount of $7,500, the Deputy Commissioner, pursuant to 33 U.S.C. § 914 (j), awarded Loiselle a lump-sum commutation of the unpaid balance to its present value, totalling $10,324.58. Portland appealed the award alleging that the Deputy Commissioner had abused his discretion. The Board upheld the commutation order and awarded Loiselle’s attorney a fee of $400 for services rendered only in conjunction with the appeal of the commutation order.

Section 928 of Title 33, as amended in 1972, provides for direct payment of attorney’s fees by an employer only when a claim involving the existence or extent of liability is resisted by an employer and is…