John Bergeron v. Bollinger Shipyards, Incorporated (Board decision, June 27, 2018)

BRB final decision. This unpublished decision is not precedent. A final Board decision ordinarily becomes final 60 days after issuance unless a timely petition for judicial review or Board reconsideration is filed under 20 C.F.R. § 802.406. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Bollinger Shipyards appealed two attorney fee orders in John Bergeron's Longshore Act matter. The parties resolved the fees for work before the district director and judge, then asked to withdraw the appeals. The Board dismissed both appeals with prejudice, approved a $5,048.50 fee for Board work, and remanded for monitoring of medical benefits.

Decision snapshot

• Authority: 33 U.S.C. § 928(e); 20 C.F.R. §§ 802.203, 802.401(a).
• Outcome: Both fee appeals dismissed with prejudice; Board fee approved.
• Key point: The parties’ fee agreement resolved the appeals.

Full text (DOL BRB public release)

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

BRB Nos. 18-0157 and 18-0350
Case No. 2017-LHC-00510
OWCP No. 07-309429

JOHN BERGERON
)
)
Claimant-Respondent
)
)
v. ) DATE ISSUED: June 27, 2018
)
BOLLINGER SHIPYARDS,
)
INCORPORATED
)
)
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LIMITED
)
)
Employer/Carrier-
)
Petitioners
) ORDER

By motion filed June 8, 2018, employer moves to withdraw its appeals of the attorney’s fee awards of District Director David Duhon (BRB No. 18-0157) and Administrative Law Judge Lee J. Romero (BRB No. 18-0350). Employer states the parties have reached an agreement concerning the attorney’s fees to which claimant’s counsel is entitled for work performed before the Office of Workers’ Compensation Programs and the Office of Administrative Law Judges. The parties request that the case be remanded to the District Director for monitoring of medical benefits. We grant the motion to withdraw the appeals and to remand the case to the district director.

In addition, the parties request approval of their agreement that employer will pay claimant’s counsel an attorney’s fee of $5,048.50 for work performed before the Board in these appeals. 20 C.F.R. §802.203. We approve the parties’ fee agreement. 33 U.S.C.
§928(e).
 Accordingly, employer’s appeals in BRB Nos. 18-0157 and 18-0350 are dismissed with prejudice. 20 C.F.R. §802.401(a). The case is remanded to the district director. Claimant’s counsel is awarded an attorney’s fee of $5,048.50, to be paid directly to counsel by employer.

SO ORDERED.

_________
BETTY JEAN HALL, Chief
Administrative Appeals Judge

_________
RYAN GILLIGAN
Administrative Appeals Judge

_________
JONATHAN ROLFE
Administrative Appeals Judge

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