Claim for Fees Fails Despite Permission to Pursue Surgery

A federal appellate court ruled that an injured longshoreman was not entitled to an award of fees for the work his attorney did to secure a ruling acknowledging the worker’s ability to pursue surgery in a location of his choice. Case: Pena-Garcia v. OWCP, No. 18-1225, 03/01/2019, published. Facts: Luis Pena-Garcia worked for the Calzadilla Construction Corp. He suffered a disabling back injury in 1994 while working in Puerto Rico. Doctors told him he would need spinal surgery, and Calzadilla’s comp carrier authorized Pena-Garcia’s doctor to perform the procedure in Puerto ...