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FMC CORP. v. PEREZ

No. 96-60664.

128 F.3d 908 (1997)

FMC CORPORATION, Employer; National Union Fire Insurance Company, Petitioners, v. Rodrigo J. PEREZ; Director, Office of Worker's Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

November 24, 1997.

Attorney(s) appearing for the Case

Ralph F. Mayer, Christopher Andrew Lowrance, Royston, Rayzor, Vickery & Williams, Corpus Christi, TX, for Petitioners.

Paul Pearce Dodson, Alan Clifton Gordon, White, Huseman, Pletcher and Powers, Corpus Christi, TX, James H. Bjorum, Corpus Christi, TX, for Perez.

David Yancey White, White, Huseman, Pletcher & Powers, Corpus Christi, TX, for Respondents.

Thomas O. Shepherd, Jr., Clerk, Benefits Review Board, Washington, DC, Carol DeDeo, Assoc. Solicitor, U.S. Department of Labor, Dir., Office of Workers Comp. Programs, Washington, DC, for Director, Office of Worker's Compensation Programs, U.S. Department of Labor, Respondent.

Before REYNALDO G. GARZA, KING and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This appeal involves whether an Administrative Law Judge ("ALJ") properly awarded attorney's fees to a claimant under Section 28 of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-50. The ALJ's award was affirmed as a matter of law by the United States Department of Labor Benefits Review Board (the "Board") when the Board did not act on the petitioners' appeal within one year. See Omnibus Appropriations...

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