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LINCOLN v. DIRECTOR, OFF. OF WORKERS' COMP. PROG.

No. 13-1594.

744 F.3d 911 (2014)

Steven LINCOLN, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Ceres Marine Terminals, Inc., Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: March 11, 2014.

Attorney(s) appearing for the Case

Gregory Edward Camden , Montagna, Klein, Camden, LLP, Norfolk, Virginia, for Petitioner. Lawrence Philip Postol , Seyfarth Shaw, LLP, Washington, D.C., for Respondent Ceres Marine Terminals, Inc.

Petition denied by published opinion. Judge WILKINSON wrote the opinion, in which Judge KEENAN and Judge DIAZ joined.

WILKINSON, Circuit Judge:

Petitioner Steven Lincoln seeks attorney's fees from Ceres Marine Terminals, Inc. (Ceres) for his pursuit of a claim for disability benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). Lincoln contends that he is entitled to attorney's fees because Ceres did not pay "any compensation" within the meaning of the fee-shifting mechanism in 33 U.S.C. § 928(a) or, in the alternative...

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