Charlene Gale Kilgore, on behalf of and survivor of Judy Wagner v. Guest Mountain Mining Corporation and Chartis Casualty Company (Board decision, January 24, 2022)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board approved an attorney fee for counsel's work defending the benefits awards on reconsideration in the consolidated appeals. Board finality is governed by 20 C.F.R. § 802.406; this order resolves the fee request.

Plain-English summary

Counsel for Charlene Gale Kilgore requested $587.50 for legal and assistant work in two consolidated black lung appeals. The work concerned defending the benefits awards on reconsideration. Guest Mountain Mining Corporation did not object to the fee petition. The Board found the amount reasonable for the necessary services and ordered the employer to pay counsel directly. The order states that the unopposed fee award has no precedential value.

Decision snapshot

• Authority: Attorney fees under 33 U.S.C. § 928 and 20 C.F.R. § 802.203.
• Outcome: Unopposed $587.50 attorney fee approved, payable by the employer.
• Key point: The Board found the requested fee reasonable for defending the benefits awards on reconsideration.

Full text (DOL BRB public release)

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

BRB Nos. 18-0260 BLA and 18-0416 BLA
Case Nos. 2013-BLA-06020 and 2016-BLA-05391

CHARLENE GALE KILGORE
)
(o/b/o and Survivor of JUDY WAGNER)
)
)
Claimant-Respondent
)
)
v. )
)
GUEST MOUNTAIN MINING
)
CORPORATION
)
)
and
)
) DATE ISSUED: 01/24/2022
CHARTIS CASUALTY COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER AWARDING AN
Party-in-Interest
) ATTORNEY’S FEE

Claimant’s counsel filed an itemized petition requesting an attorney’s fee for legal services performed in these appeals pursuant to 20 C.F.R. §802.203. Wagner v. Guest Mountain Mining Corp., BRB Nos. 18-0260 BLA and 18-0416 BLA (Oct. 22, 2019) (unpub.). Counsel requests a fee of $587.50 representing $87.50 for 0.25 hour of legal services performed by Joseph E. Wolfe at the hourly rate of $350, $50 for 0.25 hour of legal services performed by Brad A. Austin at the hourly rate of $200, $350 for 1.75 hours of legal services performed by Rachel Wolfe at the hourly rate of $200, and $100 for 1.0 hour of legal assistant services at the hourly rate of $100. Employer has not filed objections to counsel’s fee petition.

The Benefits Review Board finds the requested fee to be reasonably commensurate with the necessary services performed in defending the awards of benefits on reconsideration. 20 C.F.R. §802.203(e).

Accordingly, we approve the requested fee of $587.50, 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.

SO ORDERED.

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

request is unopposed.

2