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HILL v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION

No. 98-60606.

195 F.3d 790 (1999)

George HILL, Claimant-Petitioner, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS; U.S. Department of Labor; and Avondale Shipyards, Incorporated, self-insured employer, Respondents.

United States Court of Appeals, Fifth Circuit.

November 10, 1999.

Attorney(s) appearing for the Case

Rodney Paul Vincent, Gertler, Gertler, Vincent & Plotkin, New Orleans, LA, James F. Scott, III, Gretna, LA, for Hill.

Andrew David Auerbach, U.S. Department of Labor, Office of the Solicitor, Thomas O. Shepherd, Jr., Clerk, Benefits Review Board, Carol A. De Deo, U.S. Department of Labor, Dir., Office of Worker's Comp. Programs, Washington, DC, Chris J. Gleasman, U.S. Department of Labor, Employment Standards Administration, New Orleans, LA, for Director, Office of Worker's Compensation Programs, U.S. Department of Labor.

Joseph J. Lowenthal, Jr., Elizabeth Slatten Healy, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La, for Avondale Shipyards, Inc.

Before POLITZ, DeMOSS and BENAVIDES, Circuit Judges.

DeMOSS, Circuit Judge:

George Hill appeals the Benefits Review Board's ("Board") affirmance of the Administrative Law Judge's ("ALJ") decision that Hill's disability benefits claim was untimely under § 913 of the Longshore and Harbor Workers' Compensation Act ("LHWCA" or "Act"), 33 U.S.C. §§ 901-50. Hill further appeals the reduction in attorneys' fees and costs. For the reasons stated below, we affirm.

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