Lincoln v. Director, Office of Workers' Compensation Programs

Petition denied by published opinion. Judge WILKINSON wrote the opinion, in which Judge KEENAN and Judge DIAZ joined.

WILKINSON, Circuit Judge:

Petitioner Steven Lincoln seeks attorney’s fees from Ceres Marine Terminals, Inc. (Ceres) for his pursuit of a claim for disability benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). Lincoln contends that he is entitled to attorney’s fees because Ceres did not pay “any compensation” within the meaning of the fee-shifting mechanism in 33 U.S.C. § 928(a) or, in the alternative, because Ceres’s notice of controversion irrevocably…