Woods
Woods v. Director, Office of Workers Compensation Programs
Opinion
Lead Opinion
MEMORANDUM ***
Candy Woods petitions for review of an order of the Benefits Review Board (“BRB”) of the U.S. Department of Labor. The BRB reversed an administrative law judge’s award of attorney’s fees related to claims Woods filed pursuant to the Long-shore and Harbor Workers’ Compensation Act (“LHWCA”). 33 U.S.C. § 901 et seq. We have jurisdiction under 33 U.S.C. § 921 (c), and we review de novo the denial of attorney’s fees. Container Stevedoring Co. v. Director, OWCP, 935 F.2d 1544, 1546 (9th Cir.1991). We affirm.
Section 928(b) of the LHWCA authorizes an award of attorney’s fees to the employee “in cases where the existence or extent of liability is controverted and the employee-claimant succeeds in establishing liability or obtaining increased compensation in formal proceedings in which he or she is represented by counsel.” National Steel and Shipbuilding Co. v. United States Dep’t of Labor, OWCP, 606 F.2d 875 , 882 (9th Cir.1979). This is not a case like E.P. Paup Co. v. Director, OWCP, 999 F.2d 1341 , 1354 (9th Cir.1993), where the claimant “succeeded in the administrative proceedings in establishing ... further liability,” or like Savannah Machine and Shipyard Company…