Steven Richardson v. Continental Grain Company Director, Office of Workers Compensation Programs
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
WALLACE, Senior Circuit Judge.
Richardson petitions for review of the Benefits Review Board’s (Board) denial of attorney fees under the Longshore and Harbor Workers’ Compensation Act (Act). The Board refused to award fees under 33 U.S.C. § 928(a) for Richardson’s back injury claim because he did not “successfully” prosecute the claim, and it refused to award fees under section 928(b) for his knee injury claim because the amount tendered by his employer was greater than the compensation awarded. The Board had jurisdiction under 33 U.S.C. § 921(b)(3). We have jurisdiction over this timely…
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