Rogers v. Director, Office of Workers' Compensation Programs

MEMORANDUM *

Attorney Jay Friedheim petitions for review a final order of the Benefits Review Board (the “Board”) denying attorney’s fees under the Longshore and Harbor Workers’ Compensation Act. We have jurisdiction pursuant to 33 U.S.C. § 921 (c) and deny the petition.

Because the parties are familiar with this case, we do not recite them in detail. On January 25, 2000, Rogers, a longshoreman, sustained injuries to his cervical spine, lower back, and right arm. The injuries allegedly left him disabled at least temporarily, and his employer, Hawaii Stevedores, voluntarily paid him temporary total disability benefits from January *600 26, 2000 through March 14, 2001, totaling $52,724.08. Rogers sought additional benefits beginning March 15, 2001, which the employer controverted. Rogers (without counsel) and his employer eventually settled the additional claim for $8,000. The settlement was submitted to an administrative law judge (“ALJ”) for approval.

The ALJ conducted a hearing in advance of approving the settlement. By this time, Rogers had retained counsel, Jay Friedheim. Friedheim disputed the adequacy of the $8,000 payment, and the ALJ agreed to leave the matter open so…