USCA 4th: No Fees Where Employer Pays on Time

The United States Court of Appeals for the Fourth Circuit held that attorneys fees in connection with additional benefits under the Longshore and Harbor Workers Compensation Act (LHWCA) are not recoverable where the benefits are demanded in an informal letter and the employer has not received a recommendation regarding the benefits from the Benefits Review Board (the Board) or the deputy commissioner. In Virginia International Terminals, Inc. v. Edwards, No. 04-1338, 02/16/2005, Edwards was injured on 2/22/02 while working for Virginia International Terminals, Inc. (VIT) and filed a Clai...