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NEWPORT NEWS SHIPBUILDING AND DRY DOCK v. BROWN

No. 03-1480.

376 F.3d 245 (2004)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. Beverly Anita BROWN; Director, Office of Workers' Compensation Promams, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Argued: May 6, 2004.

Decided: July 19, 2004.

Attorney(s) appearing for the Case

ARGUED: Christopher Roland Hedrick, Mason, Mason, Walker & Hedrick, P.C., Newport News, Virginia, for Petitioner. Gregory Edward Camden, Montagna, Breit, Klein & Camden, L.L.P., Norfolk, Virginia, for Respondent Brown; Joshua Thomas Gillelan, II, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Director, Office of Workers' Compensation Programs.

ON BRIEF: Howard M. Radzely, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Mark A. Reinhalter, for Longshore, Washington, D.C., for Director, Office of Workers' Compensation Programs.

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Petition for fees granted by published opinion. Judge MICHAEL wrote the opinion, in which Judge NIEMEYER and Judge GREGORY joined.

OPINION

MICHAEL, Circuit Judge:

We have before us an employee's petition for attorney's fees under § 28 of the Longshore and Harbor Workers Compensation Act (LHWCA), 33 U.S.C. § 928. Section 28 allows reasonable attorney's fees to an employee who successfully prosecutes a claim for compensation. The main question...

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