Case Name: Bruce W. Christensen v Director, Office of Workers Compensation Programs, et al.
Date Decided: August 10, 2009
Court: United States Court of Appeals, Ninth Circuit
Judge: Judge Fletcher, Judge Fisher, and Judge Roll
Citation: 2009 WL 2424798

Background:
Petitioners, Bruce Christensen, David Van Skike, and Rex Dyer challenged the attorney's fees awarded to them after successfully obtaining benefits from their employers' under the Longshore and Harbor Workers' Compensation Act ("LHWCA"). This Court had previously vacated fee awards upon finding that the Benefits Review Board and other agency decision makers in determining the reasonable hourly rate for attorney's fees under LHWCA was flawed.

Issue:
Was Gillelan's, attorney for petitioners, fee requests granted?

Held:
Respondents first argued that the fee requests were untimely. This Court held however, that subsequent filings, correcting technical errors relate back to the initial stricken filing and if initially filed in a timely manner are timely.

Respondents also argued that because Gillelan, petitioners' attorney, did not submit evidence demonstrating the authorization to represent the petitioners. However, this Court found that Gillelan provided services for petitioners and has applied to this Court for appellate fees. Furthermore, Respondants failed to object to Gillelan's appearances at oral arguments.

Finally, Respondants unsuccessfully argued that because Petitioners have not established their entitlement to an hourly rate higher than what the agency awarded below, then they are not entitled to an increase. However, this Court held that this argument failed because the agency was artificially depressing the reasonable hourly rate for LHWCA by relying on past precedent.

Comment:
This was an order from the Ninth Circuit to increase the amount of fees an attorney may collect under a LHWCA claim. If an employee successfully sues for employment compensation under LHWCA , they may be entitled to attorney's fees under the Act. This order increased the fee amount that had already been collected.

Steve Gordon
http://www.offshoreinjuries.com