Henry J. Anderson v. Director, Office of Workers Compensation Programs Brady-Hamilton Stevedore Company Manhattan Re-Insurance Company

Glacial is the speed with which some administrative agencies of the federal government dispose of the claims presented to them. To the extent a successful claimant is entitled to attorney’s fees, the delay erodes the value of the eventual fee award and forces the lawyer to bear the cost of the agency’s procrastination. The principal question presented is the extent to which the attorney’s fees must be adjusted to take account of any extraordinary delay.

I

Anderson injured his back when he slipped and fell on a ship’s deck on September 4, 1982. He claimed permanent total disability under the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. His employer disputed the claim, and on December 4, 1982, Anderson hired an attorney. A hearing was held before an Administrative Law Judge on February 26 and 28, 1985, resulting in a decision and order in favor of Anderson on July 30, 1986. The employer appealed, and the Benefits Review Board affirmed the ALJ’s decision almost seven years later, on May 21, 1993. The employer appealed that decision, and we vacated and remanded with instructions to adjust the benefits in keeping with the statutory limit.…