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PEÑA-GARCIA v. DIRECTOR, OWCP

No. 18-1225.

917 F.3d 61 (2019)

Luis PEÑA-GARCIA, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Calzadilla Construction Corporation; IMS Insurance Company of Puerto Rico, Respondents.

United States Court of Appeals, First Circuit.

March 1, 2019.

Attorney(s) appearing for the Case

Emilio F. Soler , Santurce, PR, on brief for petitioner.

Manuel Porro-Vizcarra and Manuel Porro-Vizcarra Law Offices, San Juan, PR, on brief for respondents Calzadilla Construction Corporation and IMS Insurance Company of Puerto Rico.

Before Howard, Chief Judge, Lynch and Lipez, Circuit Judges.

This case raises the question of what is a "successful prosecution" in a claim for benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA), so as to warrant an award of attorney's fees to a claimant. See 33 U.S.C. § 928.

After suffering a disabling back injury in 1994 while...

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