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HEALY TIBBITTS BUILDERS, INC. v. CABRAL

No. 98-70552.

201 F.3d 1090 (2000)

HEALY TIBBITTS BUILDERS, INC., Petitioner, v. Robert CABRAL and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2000.

Attorney(s) appearing for the Case

Christopher J. Field, Weber, Goldstein, Greenberg & Gallagher, Jersey City, New Jersey, for the petitioner.

Jay Lawrence Friedheim, Honolulu, Hawaii, for the respondent.

Joshua T. Gillelan II, Office of the Solicitor of Labor, Washington, D.C., for respondent Director.

Before: ALDISERT, O'SCANNLAIN, and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

We must decide whether a party challenging an award of attorney's fees under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. (the "Act"), has a right to a hearing before the Office of the Administrative Law Judge ("OALJ") when no factual issues are in dispute. Healy Tibbitts Builders, Inc. ("Tibbitts") petitions for review of the order of the Benefits Review Board ("Board") upholding an Administrative...

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