Christy Meeks v. Bis Salamis, Inc. and Signal Mutual Indemnity Association, Ltd. (Board decision, April 19, 2021)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board dismissed Christy Meeks's attorney fee appeal without prejudice and sent the fee agreement to the district director for review. The fee dispute remains subject to that review. A final Board decision ordinarily becomes final 60 days after issuance absent timely judicial review or reconsideration under 20 C.F.R. § 802.406; a party may request Board reconsideration within 30 days under § 802.407.

Plain-English summary

Christy Meeks appealed a district director's attorney fee award. She then asked to dismiss the appeal because she and the employer had agreed to settle the fee dispute. The Board granted the request without prejudice and directed the district director to address the agreement. If the agreement is not approved, Meeks may ask the Board to reinstate her appeal within 30 days of the order disapproving it.

Decision snapshot

• Authority: Board appeal dismissal and reinstatement rule in 20 C.F.R. § 802.405.
• Outcome: Attorney fee appeal dismissed without prejudice; agreement remanded for review.
• Key point: The Board left a route to reinstate the appeal if the district director does not approve the fee agreement.

Full text (DOL BRB public release)

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

BRB No. 21-0269

CHRISTY MEEKS
)
(Widow of JOSEPH MEEKS)
)
)
Claimant-Petitioner
)
)
v. )
)
BIS SALAMIS, INC.
)
) DATE ISSUED: 04/19/2021
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LTD.
)
)
Employer/Carrier-
)
Respondents
) ORDER

Claimant appeals District Director David Duhon’s Order (OWCP No. 07-185692), filed January 15, 2021, awarding an attorney’s fee to Claimant’s counsel. Claimant has now filed a motion to dismiss her appeal because she and Employer have reached an agreement to settle the fee dispute.

We grant the motion to dismiss the appeal without prejudice, and we remand this case for the district director to address the parties’ fee agreement. 20 C.F.R. §802.405. In the event the parties’ agreement is not approved and Claimant wishes review of the merits of her appeal, the Board will reinstate the appeal upon Claimant’s request filed within 30 days of the date the order disapproving the agreement is filed.

SO ORDERED.
JUDITH S. BOGGS, Chief
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge