James D. Ison v. ICG Knott County, LLC and Arch Coal, Incorporated (Board decision, May 30, 2019)

BRB final decision. This unpublished fee order is not precedent. The Benefits Review Board awarded James Ison's counsel $4,875 for work before the Board, payable by the employer. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or timely Board reconsideration request is filed. A party may request Board reconsideration within 30 days under § 802.407.

Plain-English summary

After defending James Ison's black lung benefits award before the Board, his attorney requested a fee for the appellate work. The petition listed fifteen hours at $325 per hour, totaling $4,875. ICG Knott County did not object. The Board found the amount reasonable for the necessary services and ordered the employer to pay counsel directly. The order itself states that the unopposed fee award has no precedential value.

Decision snapshot

• Authority: Board attorney fee procedure under 20 C.F.R. § 802.203.
• Outcome: $4,875 attorney fee awarded, payable by the employer.
• Key point: The unopposed fee request was found reasonable for defending the benefits award.

Full text (DOL BRB public release)

U.S. Department of Labor
Benefits Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001

BRB No. 17-0628 BLA

JAMES D. ISON
)
)
Claimant-Respondent
)
)
v. )
)
ICG KNOTT COUNTY, LLC
)
) DATE ISSUED: 05/30/2019
and
)
)
ARCH COAL, INCORPORATED
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER

Claimant’s counsel has filed a complete, itemized statement requesting an attorney’s fee for services performed before the Board in this case, Ison v. ICG Knott County, LLC, BRB No. 17-0628 BLA (Oct. 23, 2018). Counsel requests a fee of $4,875, representing 15 hours of legal services at an hourly rate of $325. Employer has not filed any objections to counsel’s fee petition.

Upon review of the fee petition, the Board finds the requested fee to be reasonable in light of the necessary services performed in defending the award of benefits, and thus approves a fee of $4,875. 20 C.F.R. §802.203(e). Accordingly, we award claimant’s counsel an attorney’s fee of $4,875, to be paid directly to claimant’s counsel by employer.1 33 U.S.C. §928, as incorporated by 30 U.S.C.
§932(a); 20 C.F.R. §802.203.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

1
The Board’s award in this matter is of no precedential value given that counsel’s fee petition is unopposed.