DIRECTOR, OFFICE OF WORKERS' COMP. v. ROBERTSON

No. 78-1741.

625 F.2d 873 (1980)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U. S. DEPARTMENT OF LABOR, Petitioner, v. Kenneth ROBERTSON, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided August 4, 1980.


Attorney(s) appearing for the Case

George M. Lilly, Washington, D. C., on briefs, for petitioner.

C. Conrad Green, Green, Roof & Krucker, Poulsbo, Wash., on briefs, for respondent.

Before CHOY and FERGUSON, Circuit Judges, and BARTELS, District Judge.


FERGUSON, Circuit Judge:

The government appeals a decision and order of the Benefits Review Board ("BRB") requiring the claimant's attorney's fee to be paid from the special fund established pursuant to § 44 of the Longshoremen's and Harbor Workers' Compensation Act ("the Act"), as amended 33 U.S.C. § 944.1 We reverse.

FACTS

The facts of this case are undisputed. Kenneth Robertson was injured in January...

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