The following excerpt is from Todd Shipyards Corp. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, 545 F.2d 1176 (9th Cir. 1976):
This is a correct statement of the law before the 1972 amendments to the Longshoremen's Act. Before 1972 the award of attorney fees came out of the claimant's compensation award and was not a separate liability for the employer. Therefore, the employer's only interest would be in the actual award of compensation to the claimant. Once this amount was settled, the employer had no further interest in the award. Any award of attorney fees then was a matter solely between the claimant and his attorney and could not increase the employer's liability. Associated Indemnity Corporation v. Marshall, 71 F.2d 235 (9th Cir. 1934).
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