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USCA 5th: Hearing Loss Cases No Different re Fees Under LHWCA

Tuesday, January 6, 2004 | 0

The United States Court of Appeals for the Fifth Appellate District granted attorney fees to claimants under section 28(a) of the Longshore and Harbor Workers' Compensation Act whose claims for work-related hearing loss were originally controverted by the employer but ultimately admitted. In the consolidated case of Avondale Indus., Inc. v. Alario, etc. et. al. (12/29/03 - No. 02-60470), the various claimants suffered industrial hearing loss compensable under the LHWCA. In each case, the employer originally denied the claims for various reasons, but ultimately granted the claims following i...

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