Legal Opinion

FMC Corporation v. DOWCP

Court of Appeals for the Fifth Circuit

Decided November 24, 1997No. 96-60664PublishedCited by 19 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

This appeal involves whether an Administrative Law Judge (“ALJ”) properly awarded attorney’s fees to a claimant under Section 28 of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-50. The ALJ’s award was affirmed as a matter of law by the United States Department of Labor Benefits Review Board (the “Board”) when the Board did not act on the petitioners’ appeal within one year. See Omnibus Appropriations for Fiscal Year 1996, Pub.L. No. 104-134, § 101(d), 110 Stat. 1321-219 (1996). Because we conclude that the award of attorney’s fees was not…

2Cases cited3 opinions

  1. Avondale Industries, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Wilton J. CuevasCourt of Appeals for the Fifth Circuit · 1992
  2. Todd Shipyards Corporation, Aetna Casualty and Surety Company v. Director, Office of Workers' Compensation Programs, Melvin WattsCourt of Appeals for the Ninth Circuit · 1991
  3. Louisiana Insurance Guaranty Ass'n v. AbbottCourt of Appeals for the Fifth Circuit · 1994

3Cited by19 opinions

  1. Pool Company v. Otis L CooperCourt of Appeals for the Fifth Circuit · 2001
  2. Pittsburgh & Conneaut Dock Co. v. Director, Office of Workers' Compensation Programs, United StatesCourt of Appeals for the Sixth Circuit · 2007
  3. James J. Flanagan Stevedores, Inc. v. GallagherCourt of Appeals for the Fifth Circuit · 2000
  4. National Geographic Society v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1998
  5. Andrepont v. Murphy Exploration and Production Co.Court of Appeals for the Fifth Circuit · 2009

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