Rivera v. Director, Office of Workers' Compensation Programs, No. 20-60357 (5th Cir. 2021)
Annotate this CaseAfter petitioner was injured on the job while employed by Ameri-Force, he successfully obtained a workers' compensation award after filing a claim with the Office of Workers' Compensation Programs of the U.S. Department of Labor. The Fifth Circuit concluded that petitioner is entitled to attorney's fees under the plain text of 33 U.S.C. 928(b) and reversed the decision of the Benefits Review Board, remanding for further proceedings. In this case, all the criteria of an award of attorney's fees under section 928(b) are satisfied as to the claims examiner's August 24, 2016 recommendation.
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