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DYER v. CENEX HARVEST STATES CO-OP.

No. 07-73549.

563 F.3d 1044 (2009)

Rex DYER, Petitioner, v. CENEX HARVEST STATES COOPERATIVE; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 1, 2009.

Attorney(s) appearing for the Case

Charles Robinowitz, Portland, OR, Joshua Thomas Gillelan II (argued), Longshore Claimants' National Law Center, Washington, DC, for the petitioner.

John Randall Dudrey (argued), Williams Fredrickson, Portland, OR; Michael Niss, Mark A. Reinhalter, Rita Ann Roppolo, U.S. Department of Labor, Thomas Shepard, Benefits Review Board, Washington, DC, Karen P. Staats, OWCP Longshore and Harbor Workers Programs, Seattle, WA, for the respondents.

Before: W. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and JOHN M. ROLL, District Judge.

WILLIAM A. FLETCHER, Circuit Judge:

Rex Dyer prevailed in a workers' compensation claim under the Longshore and Harbor Workers' Compensation Act ("LHWCA"). Dyer then sought attorney's fees pursuant to Section 28(a) of the LHWCA, 33 U.S.C. § 928(a). The Benefits Review Board ("BRB") held that Dyer was entitled to recover only those attorney's fees incurred after his employer, Cenex Harvest States Cooperative ("Cenex"), refused to pay his claim. The BRB held that...

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