Pool Co. v. Cooper

Employees claim for additional disability benefits is not time-bared under ' 13(a) of the LHWCA where employee received his last disability benefit payment on April 25, 1994, and filed his LS-203 seeking additional compensation on February 25, 1995, less than one year later.

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Petitions For Review of an Order of the Benefits Review Board

Petitioners Pool Company (“Pool”) and its insurance carrier Signal Mutual Indemnity Association, Ltd. (“Signal”), appeal the decision of the Benefits Review Board (“BRB”) awarding respondent Otis L. Cooper (“Cooper”) temporary total disability benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA” or “Act”), 33 U.S.C. �� 901 et seq. (1994). The petitioners allege that the BRB erred by affirming the determinations of the administrative law judge (“ALJ”) that Cooper’s claim was timely and that he had not withdrawn it in part, and by awarding attorney’s fees. We affirm the decision of the BRB with respect to the timeliness of the claim; affirm on other grounds the award of attorney’s fees; but remand so that the ALJ may reconsider Cooper’s waiver of a part of his claim and allow Pool and Signal to comment thereon.

I. FACTUAL AND PROCEDURAL BACKGROUND

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Pool Co. v. Cooper

Employees claim for additional disability benefits is not time-bared under ' 13(a) of the LHWCA where employee received his last disability benefit payment on April 25, 1994, and filed his LS-203 seeking additional compensation on February 25, 1995, less than one year later.

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