33 U.S.C. § 928 : US Code - Section 928: Fees for services

Search 33 U.S.C. § 928 : US Code - Section 928: Fees for services

(a) Attorney's fee; successful prosecution of claim
If the employer or carrier declines to pay any compensation on or
before the thirtieth day after receiving written notice of a claim
for compensation having been filed from the deputy commissioner, on
the ground that there is no liability for compensation within the
provisions of this chapter and the person seeking benefits shall
thereafter have utilized the services of an attorney at law in the
successful prosecution of his claim, there shall be awarded, in
addition to the award of compensation, in a compensation order, a
reasonable attorney's fee against the employer or carrier in an
amount approved by the deputy commissioner, Board, or court, as the
case may be, which shall be paid directly by the employer or
carrier to the attorney for the claimant in a lump sum after the
compensation order becomes final.
(b) Attorney's fee; successful prosecution for additional
compensation; independent medical evaluation of disability
controversy; restriction of other assessments
If the employer or carrier pays or tenders payment of
compensation without an award pursuant to section 914(a) and (b) of
this title, and thereafter a controversy develops over the amount
of additional compensation, if any, to which the employee may be
entitled, the deputy commissioner or Board shall set the matter for
an informal conference and following such conference the deputy
commissioner or Board shall recommend in writing a disposition of
the controversy. If the employer or carrier refuse to accept such
written recommendation, within fourteen days after its receipt by
them, they shall pay or tender to the employee in writing the
additional compensation, if any, to which they believe the employee
is entitled. If the employee refuses to accept such payment or
tender of compensation, and thereafter utilizes the services of an
attorney at law, and if the compensation thereafter awarded is
greater than the amount paid or tendered by the employer or
carrier, a reasonable attorney's fee based solely upon the
difference between the amount awarded and the amount tendered or
paid shall be awarded in addition to the amount of compensation.
The foregoing sentence shall not apply if the controversy relates
to degree or length of disability, and if the employer or carrier
offers to submit the case for evaluation by physicians employed or
selected by the Secretary, as authorized in section 907(e) of this
title and offers to tender an amount of compensation based upon the
degree or length of disability found by the independent medical
report at such time as an evaluation of disability can be made. If
the claimant is successful in review proceedings before the Board
or court in any such case an award may be made in favor of the
claimant and against the employer or carrier for a reasonable
attorney's fee for claimant's counsel in accord with the above
provisions. In all other cases any claim for legal services shall
not be assessed against the employer or carrier.
(c) Approval; payment; lien
In all cases fees for attorneys representing the claimant shall
be approved in the manner herein provided. If any proceedings are
had before the Board or any court for review of any action, award,
order, or decision, the Board or court may approve an attorney's
fee for the work done before it by the attorney for the claimant.
An approved attorney's fee, in cases in which the obligation to pay
the fee is upon the claimant, may be made a lien upon the
compensation due under an award; and the deputy commissioner,
Board, or court shall fix in the award approving the fee, such lien
and manner of payment.
(d) Costs; witnesses' fees and mileage; prohibition against
diminution of compensation to claimant
In cases where an attorney's fee is awarded against an employer
or carrier there may be further assessed against such employer or
carrier as costs, fees and mileage for necessary witnesses
attending the hearing at the instance of claimant. Both the
necessity for the witness and the reasonableness of the fees of
expert witnesses must be approved by the hearing officer, the
Board, or the court, as the case may be. The amounts awarded
against an employer or carrier as attorney's fees, costs, fees and
mileage for witnesses shall not in any respect affect or diminish
the compensation payable under this chapter.
(e) Unapproved fees; solicitation; penalty
A person who receives a fee, gratuity, or other consideration on
account of services rendered as a representative of a claimant,
unless the consideration is approved by the deputy commissioner,
administrative law judge, Board, or court, or who makes it a
business to solicit employment for a lawyer, or for himself, with
respect to a claim or award for compensation under this chapter,
shall, upon conviction thereof, for each offense be punished by a
fine of not more than $1,000 or be imprisoned for not more than one
year, or both.