Glenn A. Ott v. Pacific Fishermen Shipyard and Electric LLC (Board decision, May 20, 2021)

BRB final decision. This unpublished decision is not precedent. The Benefits Review Board vacated an attorney fee award and dismissed the employer's appeal. 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

Glenn Ott's counsel withdrew his petition for a fee for work before the district director and said he would not pursue that fee. The employer had appealed the district director's fee award and asked the Board to vacate it before dismissing the appeal. The Board accepted the withdrawal as final, vacated the fee order, and dismissed the employer's appeal with prejudice. No fee remains awarded under that petition.

Decision snapshot

• Authority: 20 C.F.R. § 802.404.
• Outcome: The Benefits Review Board vacated an attorney fee award and dismissed the employer's appeal.
• Key point: Withdrawal of the fee petition removed the adverse fee order and made the employer's appeal moot.

Full text (DOL BRB public release)

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

BRB No. 21-0276
OWCP No. 14-309717

GLENN A. OTT
)
)
Claimant-Respondent
)
)
v. )
)
PACIFIC FISHERMEN SHIPYARD AND
)
ELECTRIC LLC
)
) DATE ISSUED: 05/20/2021
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LIMITED
)
)
Employer/Carrier-
)
Petitioners
) ORDER

Employer filed an appeal of District Director Todd Bruininks’ Order Approving Attorney Fee. In response, Claimant’s counsel filed a motion to dismiss the appeal in light of his decision to withdraw his fee petition and not pursue a fee for work before the Office of Workers’ Compensation Programs in this case. 20 C.F.R. §§802.219, 802.401. In reply, Employer requests the Benefits Review Board first vacate the district director’s order before adjudging its appeal moot.

As Claimant’s counsel has indicated he is withdrawing his fee petition and will not pursue a fee before the district director, despite having been awarded a fee, we accept his withdrawal as final. Therefore, we vacate the district director’s Order Approving Attorney Fee. 20 C.F.R. §802.404. Absent an order adversely affecting Employer, we grant Claimant’s motion and dismiss Employer’s appeal with prejudice. 20 C.F.R. §802.401.
Accordingly, we grant Employer’s motion to vacate the district director’s fee award and Claimant’s motion to dismiss Employer’s appeal.1

SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

1
In light of our decision, Employer’s motion for an extension of time to file its petition for review and supporting brief is moot.