In Longshore cases, attorneys make their entry of appearance before OWCP on
the LS-18 - Pre-Hearing
Statement form (item 3 is for attorney/representative information; that
item functions as notice of appearance). See also 20
C.F.R. § 802.202 (Entry of appearance before the BRB).
In a longshore case, an attorney can collect a fee only if successful in prosecuting
the case for the claimant. 33 U.S.C. § 928. An attorney only gets a fee
when the ALJ awards one. The ALJ makes a fee determination only after the attorney
who represented the claimant files a fee petition and the opposing side has
been given the chance to make objections. In the overwhelming majority of successful
cases fees and costs are paid by either the employer or the employer's insurance
carrier.
For more information, see Judges' Benchbook: Longshore and Harbor Workers'
Compensation Act (2002), Topic 28, Attorney's
Fees
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