Seven days late? Pay the Harbor Worker’s Attorney’s fees

The Ninth Circuit just held that workers entitled to a late payment award under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901-50) can recover attorney’s fees and costs to obtain such award.  In Tahara v. Matson Terminals, Inc., the Court approved the lower court award of fees for an injured employee whose damages payment apparently failed to reach him in the statutorily mandated 10 days.  The Court disallowed fees associated with the claimant’s counsel defending himself in an attorney disciplinary proceeding because that claim was not "before" the trial court.