Virginia International Terminals, Inc. v. Benny R. Edwards Director, Office of Workers' Compensation Programs, United States Department of Labor

Reversed by published opinion. Judge LUTTIG wrote the opinion, in which Judge MOTZ and Judge DUNCAN joined.

LUTTIG, Circuit Judge:

Petitioner Virginia International Terminals (“VIT”) petitions for review of an order of the Benefits Review Board of the United States Department of Labor, which granted attorney’s fees to respondent Benny R. Edwards on a supplemental claim for compensation under the Longshore and Harbor Worker’s Compensation Act (LHWCA). Because we hold that Edwards is not entitled to an award of attorney’s fees under the LHWCA, we reverse the judgment of the Benefits Review Board.

I