RICHARDSON v. CONTINENTAL GRAIN CO.

No. 01-71860.

336 F.3d 1103 (2003)

Steven RICHARDSON, Petitioner, v. CONTINENTAL GRAIN COMPANY; Director, Office of Workers Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided July 23, 2003.


Attorney(s) appearing for the Case

Meagan A. Flynn, Preston Bunnell & Stone, LLP, Portland, OR, for the petitioner.

Thomas Owen McElmeel, Seattle, WA, for the respondents.

Before: LAY, WALLACE, and TALLMAN, Circuit Judges.


OPINION

WALLACE, Senior Circuit Judge.

Richardson petitions for review of the Benefits Review Board's (Board) denial of attorney fees under the Longshore and Harbor Workers' Compensation Act (Act). The Board refused to award fees under 33 U.S.C. § 928(a) for Richardson's back injury claim because he did not "successfully" prosecute the claim, and it refused to award fees under section 928(b) for his knee injury claim because the amount tendered by his...

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