Tiffany Conley v. Service Employees International, Incorporated, and Insurance Company of the State of Pennsylvania (Board decision, August 28, 2019)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board modified the attorney fee order to match the parties' stipulation and dismissed the appeal with prejudice. 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 20 C.F.R. § 802.407.

Plain-English summary

Tiffany Conley and the employer and carrier agreed to resolve the attorney fee dispute on appeal. They asked the Board to change the administrative law judge's fee order and dismiss Conley's appeal. The Board accepted their stipulation and set counsel's fee and expenses for work before the Office of Administrative Law Judges at $29,000, payable by the employer. It dismissed the appeal with prejudice. The stipulation also said counsel would seek no additional fee connected with the claim.

Decision snapshot

• Authority: Attorney fee order under 33 U.S.C. § 928(e); appeal dismissal under 20 C.F.R. § 802.401(a).
• Outcome: Fee and expenses modified to $29,000; appeal dismissed with prejudice.
• Key point: The Board entered the parties' agreed fee amount and ended the appeal.

Full text (DOL BRB public release)

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

BRB No. 19-0402
Case No. 2016-LDA-00970
OWCP No. 02-219563

TIFFANY CONLEY
)
)
Claimant-Petitioner
)
)
v. )
)
SERVICE EMPLOYEES
)
INTERNATIONAL, INCORPORATED
)
) DATE ISSUED: 08/28/2019
and
)
)
INSURANCE COMPANY OF THE STATE
)
OF PENNSYLVANIA
)
)
Employer/Carrier-
)
Respondents
) ORDER

On August 1, 2019, the parties filed a joint Stipulation of the Parties Resolving Issue on Appeal wherein they move to modify the Supplemental Decision and Order Awarding Attorney’s Fee of Administrative Law Judge Tracy A. Daly and dismiss claimant’s appeal. The parties have reached a compromise resolution concerning the attorney’s fee to which claimant’s counsel is entitled for work performed before the Office of Administrative Law Judges and request that the Board modify the fee award to reflect their stipulation.

We accept the parties’ stipulation and grant the parties’ motion. We modify the administrative law judge’s Supplemental Decision and Order Awarding Attorney’s Fee pursuant to the parties’ stipulation to reflect claimant’s counsel’s entitlement to an attorney’s fee and expenses totaling $29,000, payable directly to counsel by employer, for services performed before the Office of Administrative Law Judges.1 33 U.S.C. §928(e).

Accordingly, the administrative law judge’s Supplemental Decision and Order is modified to reflect claimant’s counsel’s entitlement to an attorney’s fee and expenses of $29,000. Claimant’s appeal in BRB No. 19-0402 is dismissed with prejudice. 20 C.F.R.
§802.401(a).

SO ORDERED.

GREG J. BUZZARD
Administrative Appeals Judge

RYAN GILLIGAN
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

1
The parties also agree that claimant’s counsel will not seek any additional attorney’s fees from claimant, employer or carrier in connection with this claim.

2