Todd Shipyards Corporation, Aetna Casualty and Surety Company v. Director, Office of Workers' Compensation Programs, Melvin Watts

Todd Shipyards Corporation (Todd) and Aetna Casualty and Surety Company (Aet-na) appeal from the decision of the Benefits Review Board of the Department of Labor (Benefits Review Board). The Benefits Review Board awarded attorneys’ fees to Todd’s employee, Melvin Watts (Watts), pursuant to Section 28(b) of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 928 (b).

We must decide whether Section 928(b) authorizes the Benefits Review Board to award attorneys’ fees for legal services performed prior to the issuance of a written recommendation following an informal conference to resolve a controversy over the amount of additional compensation. We conclude that Section 928(b) does not authorize the payment of attorneys’ fees for services performed by a claimant’s attorney, unless the record shows that the employer or carrier refused to accept the written recommendation of the claims examiner following an informal conference.

Todd stipulated to pay all the benefits sought by Watts at the informal conference. We reverse and remand the award of attorneys’ fees under Section 928(b). We express no view regarding whether attorneys’ fees can be awarded in this matter pursuant…