Iopa v. Saltchuk-Young Brothers, Ltd., No. 17-70415 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit affirmed the Board's decision upholding the ALJ's decision striking, as untimely, a petition for payment of a claimant's attorneys' fees under the Longshore and Harbor Workers' Compensation Act. The panel held that the ALJ properly used the excusable neglect standard in evaluating the circumstances for the untimely fee petition, and applied the four-factor test in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 378 (1993), to find that there was no excusable neglect in this case.
Court Description: Longshore Act / Attorneys’ Fees The panel affirmed a decision by the Benefits Review Board upholding an administrative law judge’s decision striking, as untimely, a petition for payment of a claimant’s attorneys’ fees under the Longshore and Harbor Workers’ Compensation Act. Following claimant’s successful litigation of claims for temporary disability benefits under the Longshore Act, the ALJ held that he was entitled to reasonable fees and costs. Claimant’s counsel filed a fee petition for work done before the Office of Workers’ Compensation Programs, and subsequently filed a corrected petition with the Office of ALJs. The ALJ struck the first petition as improperly filed and dismissed the second petition as untimely. The panel held that the ALJ properly used the excusable neglect standard in evaluating the circumstances for the untimely fee petition. The panel also held that the ALJ properly applied the four-factor test in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 378 (1993), in finding that there was no excusable neglect.
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