Tri-State Steel Construction Co., Inc.

Plain-English summary

Tri-State sought attorney fees and expenses under the Equal Access to Justice Act. The Commission had previously combined Tri-State's net worth with that of its parent, National Engineering and Contracting Company, and found the resulting assets exceeded the $7 million eligibility ceiling. The Sixth Circuit reversed that ruling and remanded. The Commission then referred both consolidated cases to the chief administrative law judge for further proceedings.

Decision snapshot

• Cited standard(s): None; this order concerns EAJA eligibility.
• Outcome: Consolidated fee cases referred to the chief judge for further proceedings on remand.
• Key point: After the court rejected aggregation of the subsidiary's and parent's assets for EAJA eligibility, the Commission returned the fee claims to the trial level.

Full text (OSHRC public release)

                                              :

SECRETARY OF LABOR, :
:
Complainant, :
:
v. : OSHRC Docket Nos. 93-0512

                                                  :                            93-0513

TRI-STATE STEEL :
(Consolidated)
CONSTRUCTION CO., INC., :
:
Respondent. :
:

                                      ORDER

     Tri-State Steel Construction Co., Inc., (Tri-State) filed a petition for fees and

expenses under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504. The

Commission aggregated the net worth of National Engineering and Contracting Co., Tri-

State’s parent corporation, with the assets of Tri-State in finding that Tri-State’s net

worth exceeded the $7,000,000 limit for eligibility under the EAJA. Tri-State Steel

Const. Co., 17 BNA OSHC 2136, 1995-97 CCH OSHD ¶ 31,402 (Nos. 93-0512, 93-

0513, 1997). The Sixth Circuit reversed and remanded. Tri-State Steel Const. Co., v.

Herman, 164 F.3rd 973 (6th Cir. 1999).

                                                                        1999 OSHRC No. 21

We refer these cases to the Chief Administrative Law Judge for further

proceedings. So ordered.

                                     /Signed/

                                     Thomasina V. Rogers
                                     Chairman

Date: August 18, 1999 /Signed/

                                     Gary L. Visscher
                                     Commissioner

93-0512 & 93-0513

NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick, Counsel for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

Deborah R. Pierce, Regional Solicitor
Office of the Solicitor, U.S. DOL
Room 14480
3535 Market Street
Philadelphia, PA 19104

Kent W. Seifried, Attorney
Poston, Seifried & Schloemer
525 West Fifth Street, Suite 318
Covington, KY 41011

Irving Sommer
Chief Administrative Law Judge
Occupational Safety and Health
Review Commission
1120 20th Street, Suite 990
Washington, D.C. 20036-3419

Michael H. Schoenfeld
Administrative Law Judge
Occupational Safety and Health
Review Commission
1120 20th Street, Suite 990
Washington, D.C. 20036-3419