National Steel & Shipbuilding Co. v. U. S. Department of Labor office of Workers' Compensation Programs

National Steel & Shipbuilding Co. appeals, as excessive, an award of disability benefits, and appeals the award of attorney’s fees to its employee, Phillip Holston, under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (1976).

I.

Holston, an electrician for National Steel, injured his right knee while on the job on August 24, 1974. The accident resulted in tom cartilage requiring surgical repair. National Steel, through its insurer, voluntarily provided Holston with medical treatment, including surgery, and paid temporary total disability benefits under the Act. These disability payments lasted from the date of the injury until Holston returned to work on May 5, 1975. During this time, there was no controversy between the parties.

Holston filed an application for permanent partial disability benefits on July 22, 1975. On January 26, 1976, an assistant deputy commissioner of the Department of Labor conducted an informal conference. 20 C.F.R. §§ 702.311-702.319 (1978). The parties were unable to agree on Holston’s average weekly wage or the extent of his disability, and the assistant deputy commissioner, without making a written recommendation,…