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§ 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.



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