Dallas W. McCoy v. Eastern Associated Coal, LLC, and Peabody Energy Corporation (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 This unpublished order is not precedent.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 Dallas W. McCoy's black lung benefits award before the Board. Board finality is governed by 20 C.F.R. § 802.406; this order resolves the fee request.

Plain-English summary

Counsel for Dallas W. McCoy requested $1,787.50 for legal and assistant work before the Board in defending his benefits award. Eastern Associated Coal 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 this 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 $1,787.50 attorney fee approved, payable by the employer.
• Key point: The Board approved the fee as reasonable for work 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. 19-0520 BLA

DALLAS W. McCOY
)
)
Claimant-Petitioner
)
)
v. )
)
EASTERN ASSOCIATED COAL, LLC
)
)
and
) DATE ISSUED: 01/24/2022
)
PEABODY ENERGY CORPORATION
)
)
Employer-Respondent
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER AWARDING AN
Party-in-Interest
) ATTORNEY’S FEE

Claimant’s counsel has filed a complete, itemized statement requesting an attorney’s fee for services performed before the Board in defending Claimant’s award. 20 C.F.R.
§802.203(a). Counsel requests a fee of $1,787.50 for 1 hour of legal services by Joseph E. Wolfe at an hourly rate of $350; 5 hours of legal services by Brad A. Austin at an hourly rate of $200; 0.25 hour of legal services by Victoria S. Herman at an hourly rate of $150; and 4 hours of legal assistant services at an hourly rate of $100. Employer has not filed objections to counsel’s fee petition.

Upon review of the fee petition, we find the requested fee to be reasonably commensurate with the necessary services performed in defending the award of benefits. We thus approve a fee of $1,787.50, 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

MELISSA LIN JONES
Administrative Appeals Judge

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

fee petition is unopposed.