Director, Office of Workers' Compensation Programs, U. S. Department of Labor v. Kenneth Robertson

The government appeals a decision and order of the Benefits Review Board (“BRB”) requiring the claimant’s attorney’s fee to be paid from the special fund established pursuant to § 44 of the Longshoremen’s and Harbor Workers’ Compensation Act (“the Act”), as amended 33 U.S.C. § 944 . We reverse.

FACTS

The facts of this case are undisputed. Kenneth Robertson was injured in January, 1969 in the course of his employment. His employer, Todd Shipyards, voluntarily paid $24,275 compensation for temporary total disability from the date of injury until October, 1976. Todd Shipyards then ceased making these voluntary payments because it had exceeded the statutory maximum of $24,000 for temporary total disability incurred prior to the 1972 amendments to the Act. Robertson then filed a claim seeking compensation for permanent total disability. A formal hearing, as provided in § 19 of the Act, 33 U.S.C. § 919 , was held on November 18, 1976. The administrative law judge (“ALJ”) found that Robertson was permanently totally disabled as of October 28, 1976, the date on which Todd Shipyards had terminated payments. The ALJ awarded compensation accordingly and ordered that Todd pay Robertson’s…