Maritime-admiralty attorney fee petition mechanics: USCG MISLE marine casualty investigation and § 6306 marine board hearing advisory on USCG MISLE non-PACER calendar, LHWCA 33 U.S.C. § 919 ALJ hearing and § 928(a) mandatory "shall allow" fee advisory on OWCP DLHWC non-PACER calendar, and Jones Act 46 U.S.C. § 30104 FRCP 9(h) admiralty advisory and § 928(b) carrier-delay mandatory fee petition advisory

USCG MISLE marine casualty investigation and § 6306 marine board hearing advisory: calls on the USCG MISLE non-PACER calendar

The USCG Marine Information for Safety and Law Enforcement (MISLE) database — the USCG's internal system for tracking marine casualty investigations, vessel inspections, and maritime enforcement — is a federal non-PACER maritime safety administration database entirely outside PACER, CM/ECF, and all other federal court information systems. Under 46 U.S.C. § 6301, operators of vessels involved in marine casualties must report the casualty to the USCG as soon as possible, and the USCG assigns a MISLE case number upon receipt of the § 6301 report — creating the primary non-PACER Welch temporal anchor for maritime-admiralty billing documentation. The MISLE case opening date precedes any Jones Act complaint filing in admiralty court by weeks or months, since the USCG marine casualty investigation proceeds on its own independent MISLE calendar entirely outside any PACER docket. Maritime-admiralty is unique in the fee-petition-mechanics series as the only practice area with BOTH a federal non-PACER maritime safety database primary Welch anchor (USCG MISLE) AND a federal non-PACER workers' compensation adjudicatory system secondary Welch anchor (OWCP DLHWC) — requiring simultaneous tracking of two distinct federal administrative non-PACER databases for the same client matter.

Two USCG MISLE advisory call types: (1) 46 U.S.C. § 6301 mandatory casualty report and USCG MISLE case opening advisory — arrives when a marine casualty occurs and the § 6301 reporting obligation triggers (requiring 46 U.S.C. § 6301 mandatory reporting criteria: deaths, serious injuries, material damage of $25,000 or more, total vessel loss, or significant environmental harm; 46 C.F.R. § 4.05-1 et seq. immediate USCG Marine Safety Office notification; MISLE case number assignment — the MISLE number is the primary non-PACER identifier for the marine casualty investigation; 46 U.S.C. § 6305 USCG investigation powers: sworn testimony, vessel inspection, log book access; 46 U.S.C. § 6307 self-incrimination privilege — USCG investigation testimony cannot be used in criminal proceedings but does not bar use in civil cases — creating critical advisory call about § 6307 scope before witnesses testify at USCG investigation; 46 C.F.R. § 4.07-1 accident scene preservation — vessel may not be moved without USCG permission for casualty vessels except for safety — preservation-of-evidence advisory; and Norfolk Southern Railway Co. v. Kirby, 543 U.S. 14 (2004) federal admiralty law preemption of state law in maritime contract matters — 40–48 min); (2) 46 U.S.C. § 6306 marine board of investigation and license action advisory — arrives when the USCG Commandant convenes a formal marine board for serious casualties involving multiple fatalities, major vessel loss, or significant public interest (requiring § 6306 marine board criteria: serious casualties — death of more than one person, major damage to a U.S. public vessel, or casualties involving significant public interest; 46 C.F.R. §§ 4.09-1 et seq. marine board procedures — board has independent subpoena authority for witnesses and documents; 46 U.S.C. § 7703 license suspension and revocation — USCG may suspend or revoke a mariner's Coast Guard-issued license or MMC (Merchant Mariner Credential) based on marine board findings; § 6307 privilege coordination for marine officer witnesses appearing before the marine board — careful coordination required because § 6307 protects against criminal use but not civil use of marine board testimony; and USCG marine board's final report and recommendations — often the key document in Jones Act and LHWCA civil proceedings — 40–48 min). At 55% untracked: 7 clients × 2 calls × 40 min × 55% = 308 min / 60 = 5.13 hours = $1,540–$2,567/year at $300–$500/hr.

LHWCA § 919 ALJ hearing and § 928(a) mandatory fee advisory: calls on the OWCP DLHWC non-PACER adjudicatory calendar

The OWCP DLHWC adjudicatory calendar — administered by the Department of Labor's Office of Workers' Compensation Programs, Division of Longshore and Harbor Workers' Compensation — is a federal non-PACER workers' compensation administrative adjudicatory system entirely outside PACER and CM/ECF. LHWCA claims (and Defense Base Act claims under 42 U.S.C. § 1651 for overseas contractors) are filed directly with the OWCP district director; the OWCP district director attempts informal resolution and, if unsuccessful, refers the matter to the OALJ for formal ALJ hearing; the OALJ ALJ hearing date appears in the OALJ's scheduling calendar — not in PACER. The OWCP DLHWC claim number is therefore the secondary non-PACER Welch temporal anchor for maritime-admiralty billing documentation. Under 33 U.S.C. § 928(a), once the employer has made voluntary compensation payments and the claimant has engaged an attorney who successfully prosecutes the claim, the court or deputy commissioner "shall allow" a reasonable attorney fee against the employer or carrier — a mandatory "shall allow" standard that applies to LHWCA claims regardless of whether the matter reaches formal ALJ hearing.

Three LHWCA § 919 and § 928(a) advisory call types: (1) OWCP § 914(a) voluntary payment and informal conference advisory — arrives when the OWCP district director schedules an informal conference on the OWCP case calendar (requiring 33 U.S.C. § 914(a) employer's 14-day obligation to commence voluntary compensation payments after injury; OWCP Form LS-207 notice of controversion — employer may controvert the claim within 14 days; OWCP district director informal conference procedures — authority to recommend compensation rates, average weekly wage, and medical treatment; § 920 presumption in favor of claimant — all contested questions of fact resolved in claimant's favor in absence of substantial evidence to the contrary; DBA 42 U.S.C. § 1651 extension of LHWCA to overseas contractors on U.S. government public works contracts — DBA claims filed with OWCP DLHWC on the same OWCP calendar; and OWCP case number cross-reference with MISLE case number for marine casualty matters — 44–52 min); (2) LHWCA § 919 ALJ formal hearing preparation and § 928(a) fee documentation advisory — arrives when the OALJ schedules the formal ALJ hearing and the § 928(a) fee documentation must begin (requiring 33 U.S.C. § 919(a) formal ALJ hearing procedures — de novo review of disputed issues; 20 C.F.R. § 702.338 ALJ hearing procedures; § 920 presumption — claimant's burden to go forward with evidence to rebut once employer presents substantial evidence; § 928(a) fee calculation methodology: reasonable attorney fee based on hourly rate times hours reasonably expended, submitted to the deputy commissioner or ALJ for approval — fee is paid by the employer/carrier, not from the claimant's award; Hensley v. Eckerhart, 461 U.S. 424 (1983) lodestar standard for LHWCA § 928(a) fee awards; and § 928(a) fee documentation requirement — attorney must document hours and rates for deputy commissioner or ALJ approval, with supporting time records from MISLE case opening date forward — 44–52 min); (3) DBA Defense Base Act § 1651 overseas contractor LHWCA advisory — arrives when a DBA client raises coverage and exclusive remedy issues (requiring 42 U.S.C. § 1651(a) DBA coverage scope: employees working under U.S. government public works and service contracts outside the continental U.S.; DBA § 1651(c) exclusive remedy — DBA compensation bars common law tort claims against the employer; LHWCA § 933(b) employer's assignment of third-party claims — employer who pays DBA compensation acquires the employee's right against third-party tortfeasors; Chandris seaman status analysis for DBA contractors who also spend time on vessels — potential concurrent Jones Act and DBA coverage; and USCG MISLE case number cross-reference for marine casualties occurring at DBA overseas work sites — 44–52 min). At 55% untracked: 6 clients × 3 calls × 44 min × 55% = 435.6 min / 60 = 7.26 hours = $2,178–$3,630/year at $300–$500/hr.

Jones Act § 30104 FRCP 9(h) admiralty advisory and § 928(b) carrier-delay fee petition advisory: calls on the admiralty court calendar

46 U.S.C. § 30104 (Jones Act) provides that a seaman injured in the course of employment may bring a negligence action against the employer in federal or state court, with a right to trial by jury. FRCP 9(h) permits a maritime claimant to designate a complaint as an admiralty or maritime claim, obtaining the procedural advantages of admiralty practice (bench trial, interlocutory appeals under 28 U.S.C. § 1292(a)(3)) while the Jones Act provides the substantive tort law. Under 33 U.S.C. § 928(b), when an employer or carrier has not made voluntary compensation payments and the claimant successfully prosecutes the LHWCA claim despite the employer's delay or refusal, the court "shall award" a reasonable attorney fee — but § 928(b) requires a showing that the employer's controversion or delay was unjustified, creating a higher burden than the § 928(a) "shall allow" standard which applies when the employer has made voluntary payments. Both § 928(a) and § 928(b) impose mandatory "shall allow/award" fee obligations — making LHWCA § 928 one of the few workers' compensation fee-shifting statutes in the series that uses mandatory "shall" language comparable to FLSA § 216(b) and RICO § 1964(c).

Two Jones Act and § 928(b) advisory call types that arrive on the admiralty court calendar: (1) Jones Act § 30104 FRCP 9(h) admiralty election and § 905(b) third-party negligence advisory — arrives when the seaman client must elect between the Jones Act jury right and admiralty bench trial procedures (requiring 46 U.S.C. § 30104 Jones Act negligence elements: negligent act by employer, causation, damages; Chandris, Inc. v. Latsis, 515 U.S. 347 (1995) seaman status 30% threshold — employee must spend at least 30% of work time on a vessel in navigation; Moragne v. States Marine Lines, Inc., 398 U.S. 375 (1970) unseaworthiness doctrine under general maritime law — unseaworthy vessel creates strict liability; Norfolk Shipbuilding & Drydock Corp. v. Garris, 532 U.S. 811 (2001) maritime negligence wrongful death; LHWCA § 905(b) — non-seaman longshore workers injured by vessel negligence may sue vessel owner under § 905(b) even if the employer has LHWCA exclusive remedy protection; Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156 (1981) § 905(b) vessel negligence duties — turnover duty, active control duty, duty to intervene; and McDermott, Inc. v. AmClyde, 511 U.S. 202 (1994) maritime joint-tortfeasor proportionate-share reduction — 44–52 min); (2) § 928(b) carrier-delay fee petition and unjustified controversion advisory — arrives when the LHWCA carrier has refused or delayed compensation without justification and the § 928(b) fee petition can be filed after successful claim prosecution (requiring 33 U.S.C. § 928(b) mandatory 'shall award' fee — requires showing that employer or carrier unjustifiably delayed, refused, or controverted the claim; § 928(b) contrasted with § 928(a): § 928(a) 'shall allow' applies when employer has made voluntary payments and claimant was still required to engage attorney; § 928(b) 'shall award' applies when employer refused or delayed without justification — requires showing employer's position lacked reasonable basis; Hensley v. Eckerhart, 461 U.S. 424 (1983) lodestar from MISLE case opening date and OWCP DLHWC claim opening date through § 928 award; LHWCA § 933(b) third-party election and employer subrogation — if claimant settles with third-party vessel owner, employer/carrier may receive § 928 fee credit; and Moragne doctrine unseaworthiness advisory as predicate to establishing unjustified LHWCA controversion — 44–52 min). At 55% untracked: 5 clients × 2 calls × 44 min × 55% = 242 min / 60 = 4.03 hours = $1,210–$2,017/year at $300–$500/hr.

How ClaimHour fits maritime-admiralty practice

If you handle maritime-admiralty matters with USCG marine casualty investigations, LHWCA longshore and harbor worker compensation claims, and Jones Act seaman personal injury actions — with USCG MISLE advisory calls arriving when MISLE records the marine casualty case number in the non-PACER federal maritime safety database before any admiralty complaint is filed, LHWCA § 919 ALJ hearing and § 928(a) advisory calls arriving when the OALJ sets the ALJ hearing date on the non-PACER OALJ scheduling calendar, and Jones Act § 30104 and § 928(b) fee petition advisory calls arriving when the seaman's admiralty election and the carrier's unjustified delay trigger the mandatory fee obligation — and if your fee documentation must satisfy Hensley lodestar specificity from the USCG MISLE case opening date, the OWCP DLHWC claim opening date, and the § 928(a)/(b) fee award order date across two non-PACER federal databases simultaneously, ClaimHour was built for that gap.

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