§ 928. — Fees for services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC928]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 928. Fees for services
(a) Attorney's fee; successful prosecution of claim
If the employer or carrier declines to pay any compensation on or
before the thirtieth day after receiving written notice of a claim for
compensation having been filed from the deputy commissioner, on the
ground that there is no liability for compensation within the provisions
of this chapter and the person seeking benefits shall thereafter have
utilized the services of an attorney at law in the successful
prosecution of his claim, there shall be awarded, in addition to the
award of compensation, in a compensation order, a reasonable attorney's
fee against the employer or carrier in an amount approved by the deputy
commissioner, Board, or court, as the case may be, which shall be paid
directly by the employer or carrier to the attorney for the claimant in
a lump sum after the compensation order becomes final.
(b) Attorney's fee; successful prosecution for additional compensation;
independent medical evaluation of disability controversy;
restriction of other assessments
If the employer or carrier pays or tenders payment of compensation
without an award pursuant to section 914(a) and (b) of this title, and
thereafter a controversy develops over the amount of additional
compensation, if any, to which the employee may be entitled, the deputy
commissioner or Board shall set the matter for an informal conference
and following such conference the deputy commissioner or Board shall
recommend in writing a disposition of the controversy. If the employer
or carrier refuse to accept such written recommendation, within fourteen
days after its receipt by them, they shall pay or tender to the employee
in writing the additional compensation, if any, to which they believe
the employee is entitled. If the employee refuses to accept such payment
or tender of compensation, and thereafter utilizes the services of an
attorney at law, and if the compensation thereafter awarded is greater
than the amount paid or tendered by the employer or carrier, a
reasonable attorney's fee based solely upon the difference between the
amount awarded and the amount tendered or paid shall be awarded in
addition to the amount of compensation. The foregoing sentence shall not
apply if the controversy relates to degree or length of disability, and
if the employer or carrier offers to submit the case for evaluation by
physicians employed or selected by the Secretary, as authorized in
section 907(e) of this title and offers to tender an amount of
compensation based upon the degree or length of disability found by the
independent medical report at such time as an evaluation of disability
can be made. If the claimant is successful in review proceedings before
the Board or court in any such case an award may be made in favor of the
claimant and against the employer or carrier for a reasonable attorney's
fee for claimant's counsel in accord with the above provisions. In all
other cases any claim for legal services shall not be assessed against
the employer or carrier.
(c) Approval; payment; lien
In all cases fees for attorneys representing the claimant shall be
approved in the manner herein provided. If any proceedings are had
before the Board or any court for review of any action, award, order, or
decision, the Board or court may approve an attorney's fee for the work
done before it by the attorney for the claimant. An approved attorney's
fee, in cases in which the obligation to pay the fee is upon the
claimant, may be made a lien upon the compensation due under an award;
and the deputy commissioner, Board, or court shall fix in the award
approving the fee, such lien and manner of payment.
(d) Costs; witnesses' fees and mileage; prohibition against diminution
of compensation to claimant
In cases where an attorney's fee is awarded against an employer or
carrier there may be further assessed against such employer or carrier
as costs, fees and mileage for necessary witnesses attending the hearing
at the instance of claimant. Both the necessity for the witness and the
reasonableness of the fees of expert witnesses must be approved by the
hearing officer, the Board, or the court, as the case may be. The
amounts awarded against an employer or carrier as attorney's fees,
costs, fees and mileage for witnesses shall not in any respect affect or
diminish the compensation payable under this chapter.
(e) Unapproved fees; solicitation; penalty
A person who receives a fee, gratuity, or other consideration on
account of services rendered as a representative of a claimant, unless
the consideration is approved by the deputy commissioner, administrative
law judge, Board, or court, or who makes it a business to solicit
employment for a lawyer, or for himself, with respect to a claim or
award for compensation under this chapter, shall, upon conviction
thereof, for each offense be punished by a fine of not more than $1,000
or be imprisoned for not more than one year, or both.
(Mar. 4, 1927, ch. 509, Sec. 28, 44 Stat. 1438; Pub. L. 92-576, Sec. 13,
Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98-426, Sec. 17, Sept. 28, 1984,
98 Stat. 1650.)
Amendments
1984--Subsec. (e). Pub. L. 98-426 substituted ``a fee, gratuity, or
other consideration'' for ``any fees, other consideration, or any
gratuity''; ``with respect to'' for ``in respect of''; and ``both'' for
``by both such fine and imprisonment''; and inserted ``under this
chapter,'' after ``compensation''.
1972--Subsec. (a). Pub. L. 92-576 substituted provisions respecting
payment of attorney's fee for successful prosecution of claim for former
provisions respecting approval by deputy commissioner or court of claims
for legal services or for any other services rendered in respect of a
claim or award for compensation and for lien upon the compensation in
the manner and to the extent fixed by the deputy commissioner or the
court. See subsec. (c).
Subsecs. (b) to (e). Pub. L. 92-576 added subsecs. (b) to (d),
redesignated former subsec. (b) as (e), and in subsec. (e), as so
redesignated, struck out item (1) and (2) designations before ``who'',
substituted ``services rendered as a representative of a claimant'' for
``services so rendered'', and included approval by the Board.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section
28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of this
title.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92-576 effective 30 days after Oct. 27, 1972,
see section 22 of Pub. L. 92-576, set out as a note under section 902 of
this title.
Section Referred to in Other Sections
This section is referred to in section 931 of this title.