James C. Greene v. Wood Group PSN, Incorporated (Board decision, May 15, 2020)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board approved the parties' attorney fee agreement and dismissed the employer's fee appeal with prejudice as moot. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or reconsideration is filed. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Wood Group PSN appealed two rulings about attorney fees in James Greene's Longshore case. While the appeal was pending, the parties agreed that the employer would pay Greene's counsel $43,901.22 to resolve all fee and expense claims before Department of Labor agencies. They jointly asked the Board to approve the agreement and dismiss the appeal. The Board approved the payment and dismissed the employer's appeal with prejudice because the agreement made it moot.

Decision snapshot

• Authority: Approval of the fee agreement under 33 U.S.C. § 928(e).
• Outcome: The $43,901.22 fee and expense agreement was approved; the employer's appeal was dismissed with prejudice as moot.
• Key point: The parties' approved fee agreement resolved the dispute on 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. 20-0219

JAMES C. GREENE
)
)
Claimant-Respondent
)
)
v. )
)
WOOD GROUP PSN, INCORPORATED
)
) DATE ISSUED: 05/15/2020
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LIMITED
)
)
Employer/Carrier-
)
Petitioners
) ORDER

Employer timely appeals the “Supplemental Decision and Order Awarding Attorney Fees” (2017-LHC-01616) of Administrative Law Judge Lee J. Romero, Jr., and the “Ruling on Employer/Carrier’s Motion for Reconsideration, Claimant’s Supplemental Fee Petition and Claimant’s Motion to Supplement Fee Petition” of Administrative Law Judge Patrick M. Rosenow. 33 U.S.C. §921(a); 20 C.F.R. §802.205. We acknowledge this appeal and assign it the Board’s docket number BRB No. 20-0219. 20 C.F.R.
§802.210.

On April 14, 2020, the parties filed a Joint Motion to Approve Attorneys Fee and Expenses, and upon approval, to dismiss employer’s appeal as moot. The parties have agreed employer will pay claimant’s counsel $43,901.22 in full resolution of all claims for fees and expenses incurred in this matter before all agencies of the U.S. Department of Labor.

We approve the parties’ agreement. 33 U.S.C. §928(e). Employer shall pay to claimant’s counsel attorney’s fees and expenses of $43,901.22. We dismiss employer’s appeal with prejudice as it is moot. SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

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