Legal Opinion
Carey v. Ormet Primary Aluminum Corp.
Court of Appeals for the Fifth Circuit
Decided December 8, 2010No. 10-60075PublishedCited by 3 opinions
1Per curiam
Petitioner James Carey (“Carey”) seeks review of a Benefits Review Board (“BRB”) order denying him attorney’s fees under § 28(b) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq. 1 We GRANT the petition for review, VACATE the decision of the BRB, and REMAND for further proceedings consistent with this opinion.
FACTS AND PROCEEDINGS
Carey was injured while working as a longshoreman for Respondent Ormet Primary Aluminum Corporation (“Ormet”). Ormet voluntarily paid Carey benefits under the LHWCA based upon an average weekly wage (“AWW”) of $1423.92. Later,…
2Cases cited12 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Jacobs v. NATIONAL DRUG INTELLIGENCE CENTERCourt of Appeals for the Fifth Circuit · 2008
- Pool Company v. Otis L CooperCourt of Appeals for the Fifth Circuit · 2001
- Hole v. Miami Shipyards Corp.Court of Appeals for the Fifth Circuit · 1981
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3Cited by3 opinions
- Simmons v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 2013
- Kelly v. D.C. Department of Employment Services & Potomac Electric Power CompanyDistrict of Columbia Court of Appeals · 2019
- Rivera v. DOWCPCourt of Appeals for the Fifth Circuit · 2021