Legal Opinion
Peña-Garcia v. Dir., Office of Workers' Comp. Programs
Court of Appeals for the First Circuit
Decided March 1, 2019No. 18-1225PublishedCited by 1 opinion
1Opinion of the Court
LYNCH, Circuit Judge.
This case raises the question of what is a "successful prosecution" in a claim for benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA), so as to warrant an award of attorney's fees to a claimant. See 33 U.S.C. § 928.
After suffering a disabling back injury in 1994 while working for Calzadilla Construction Corporation (Calzadilla) in Puerto Rico, Luis Peña-Garcia (Peña) sought coverage for spinal surgery. Calzadilla's insurer, IMS Insurance Company of Puerto Rico (IMS), said it would pay for such surgery in Puerto Rico, where Peña's surgeon was willing…
2Cases cited5 opinions
- Bath Iron Works Corp. v. United States Department of LaborCourt of Appeals for the First Circuit · 2003
- Bath Iron Works v. Director, Wkrs. CompCourt of Appeals for the First Circuit · 1999
- James W. Barker v. United States Department of LaborCourt of Appeals for the First Circuit · 1998
- Sprague v. Director, OwcpCourt of Appeals for the First Circuit · 1982
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. James BacaCourt of Appeals for the Tenth Circuit · 1991
3Cited by1 opinion
- Carswell v. E. Pihl & SonsCourt of Appeals for the First Circuit · 2021