Steven Richardson v. Continental Grain Company Director, Office of Workers Compensation Programs

Richardson petitions for review of the Benefits Review Board’s (Board) denial of attorney fees under the Longshore and Harbor Workers’ Compensation Act (Act). The Board refused to award fees under 33 U.S.C. § 928 (a) for Richardson’s back injury claim because he did not “successfully” prosecute the claim, and it refused to award fees under section 928(b) for his knee injury claim because the amount tendered by his employer was greater than the compensation awarded. The Board had jurisdiction under 33 U.S.C. § 921 (b)(3). We have jurisdiction over this timely petition pursuant to 33 U.S.C. § 921 (c). We deny the petition.

I.

On May 24, 1996, Richardson injured his knee while working as a grain elevator operator. Continental Grain Company, his employer, voluntarily paid compensation for temporary total disability for the knee injury from October 22, 1997, to January 31, 1998. In September and November of 1996, Richardson injured his back. The Company voluntarily paid compensation for temporary total disability for the back injury from December 10, 1996, to May 5, 1997. The Company stopped paying in May, contending that Richardson was fabricating his back injury. On May…