The Ninth Circuit has ruled that the excusable neglect standard applies to late filed attorney fee petitions under the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §901, et seq. In Iopa v. Saltchuk-Young Brothers, No. 17-70415 (March 4, 2019), the court affirmed a decision of the Benefits Review Board, which in turn had affirmed Administrative Law Judge (ALJ) Richard M. Clark’s dismissal of counsel’s attorney fee petition for being untimely. Judge Clark had awarded benefits under the Act to Iopa in a Decision and Order dated July 31, 2014. He directed counsel to file his fee petition within 21 days of service. Almost a year later, on June 8, 2015, counsel filed a fee petition, but it was for work performed before the Office of Workers’ Compensation Programs (OWCP). Counsel filed a corrected fee petition on October 27, 2015. Judge Clark struck the first petition because he had no authority to consider work performed before OWCP,…
Read more detail on Recent Admiralty Law posts –
Related news:
- Ninth Circuit Splits From Other Circuits, Holding That a Negligence Standard Applies to a Claim Challenging Tender Offer Disclosures Under Section 14(e) In Varjabedian v. Emulex Corp., No. 16-55088, 2018 U.S. App. LEXIS 10000 (9th Cir. Apr. 20, 2018), the United States Court of Appeals for the Ninth Circuit split from the Second, Third, […]
- The difference between excusable neglect and stupidity On Above the Law, Christopher Danzig illustrates the difference between excusable neglect and a "bonehead mistake" in "How to Lose a Case With Simple Computer […]
- Under DBA, Petitions for Review With Circuit Court Should Be Filed Where District Director is Located The Ninth Circuit previously issued dictum in Pearce v. Dir., Off. of Workers’ Compen. Programs stating that a petition for review of a compensation order arising under the Defense Base […]
- DOL Implements New Rule Addressing Compensation Rates Under LHWCA The Department of Labor’s Office of Workers’ Compensation program has implemented a new rule addressing provisions on maximum and minimum compensation rates payable under Section 6[c] of […]
- Penalties Increase for Employers Under the LHWCA As of January 23, 2019, three monetary penalties for employers under the LHWCA have increased in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of […]
- Petition Filed with U.S. Supreme Court to Challenge PPACA's Individual Mandate A group of Michigan citizens, along with a public interest law firm, that last year filed the first federal action challenging the constitutionality of PPACA's individual mandate are […]
- Redistricting writ petition filed in Supreme Court We've noted how the Supreme Court could get involved in the politically-charged redistriciting process, either by deciding a writ petition challenging newly drawn district maps - a […]
- Fifth Circuit Court of Appeals Affirms Denial of Claimant’s Right to Future LHWCA Benefits A recent case decided by the Fifth Circuit Court of Appeals, Parfait v. Director, OWCP and Performance Energy Services, has affirmed the denial of Claimant’s right to future benefits under […]
- Court Rejects Defendant’s Claim that Plaintiff’s Case Was Filed Too Late After any Maryland pharmacy error, one of the first things to consider is when a claim must be filed. A plaintiff’s failure to file a lawsuit within the allowable time will likely result […]
- Late Filed Foreign Earned Income Exclusion Foreign Earned Income Exclusion – Late Elections Can the foreign earned income exclusion be elected on a late-filed return? Redfield v. Comm’r, T.C. Memo 2017-71 (T.C. April 26, 2017) […]
