Robert W. Hunt, M.D. v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor Marine Terminals Corporation

Petitioners, Dr. Robert Hunt and .physical therapist Leon DiPalma, appeal the Benefits Review Board’s decision that medical providers are not entitled to recover interest or attorney’s fees in conjunction with an award of medical fees under the Longshore and Harbor Workers’ Compensation Act (LHWCA). We have jurisdiction under 33 U.S.C. § 921 (c), and we reverse.

I

In September of 1982, Paul Bjazevich sustained a neck and back injury while operating a forklift for his employer, Marine Terminals Corporation. Bjazevich was examined and treated by Dr. Robert Hunt, an orthopedic surgeon who determined that the patient suffered from herniated discs in his neck and spine and a nerve root problem. Bjazevich declined Dr. Hunt’s initial recommendation that he undergo spinal surgery, and instead began a treatment regimen consisting of physical therapy and medication. Physical therapy was provided on a daily and then a bi-weekly basis by Leon DiPalma.

Dr. Hunt filed a report notifying Bjaze-vich’s employer of the course of treatment in accord with the requirements of § 7(d)(2) of the LHWCA, 33 U.S.C. § 907 (d)(2) (1988). Marine paid Bjazevich disability benefits and paid Hunt and DiPalma…