Freddy E. Huahuasonco Ancalle v. Constellis Group/Triple Canopy Incorporated and Continental Casualty Company (Board decision, January 27, 2021)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board modified the attorney fee award to $11,000 under the parties' agreement and dismissed the claimant's 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 a timely request for Board reconsideration is filed. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Freddy Huahuasonco Ancalle appealed an administrative law judge's $9,434.38 attorney fee award. While the appeal was pending, the parties agreed that his counsel would accept $11,000 from the employer and carrier to resolve the fee dispute. The Board added $1,565.62 to the judge's award, making the total fee $11,000 payable directly to counsel. It dismissed the appeal with prejudice under the agreement. Counsel also waived a fee for work before the Board.

Decision snapshot

• Authority: Appeal dismissal under 20 C.F.R. § 802.401.
• Outcome: Attorney fee award modified to $11,000; appeal dismissed with prejudice.
• Key point: The Board adjusted the fee to the parties' agreed amount and ended the fee 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. 21-0103
Case No. 2019-LDA-00631
OWCP No. 02-318991

FREDDY E. HUAHUASONCO ANCALLE
)
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Claimant-Petitioner
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v. ) DATE ISSUED: 01/27/2021
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CONSTELLIS GROUP/TRIPLE CANOPY
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INCORPORATED
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and
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CONTINENTAL CASUALTY COMPANY
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c/o CNA INTERNATIONAL
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)
Employer/Carrier-Respondents ) ORDER

Claimant appeals Administrative Law Judge Tracy A. Daly’s Supplemental Decision and Order Awarding Attorney’s Fee. The administrative law judge awarded Claimant’s counsel an attorney’s fee of $9,434.38 payable by Employer/Carrier. By motion filed January 4, 2021, the parties advise the Benefits Review Board they have resolved their dispute regarding the attorney’s fee, with Claimant’s counsel agreeing to accept a total fee of $11,000 payable by Employer/Carrier. Upon the Board’s approval of the parties’ agreement, Claimant’s appeal will be withdrawn with prejudice.1

As a result of the parties’ agreement, we need not address Claimant’s appeal. The fee awarded by the administrative law judge is modified to award Claimant’s counsel an

1
Claimant’s counsel also agrees to waive any entitlement to an attorney’s fee for work performed before the Board. additional fee of $1,565.62, for a total of $11,000, payable by Employer/Carrier directly to Claimant’s counsel. Claimant’s appeal is dismissed with prejudice. 20 C.F.R. §802.401.

SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

2