LESH v. ADVANTAGE FEDERAL RESOURCING (2021)

United States Court of Appeals, Ninth Circuit.

Michael E. LESH, Petitioner, v. ADVANTAGE FEDERAL RESOURCING; et al., Respondents.

No. 19-71780

Decided: April 23, 2021

Before: HURWITZ and BRESS, Circuit Judges, and FEINERMAN,** District Judge.

Charles Robinowitz, Attorney, Portland, OR, Joshua Thomas Gillelan, II, Esquire, Attorney, Longshore Claimants' National Law Center, Mitchellville, MD, for Petitioner Michael Marmer, Esquire, Attorney, Samuelsen, Gonzalez, Valenzuela & Brown, Long Beach, CA, for Respondents Advantage Federal Resourcing, Allied World National Assurance Company Mark A. Reinhalter, Counsel, Kathleen Kim, LABR - U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondent

MEMORANDUM ***

Michael E. Lesh petitions for review of the Department of Labor Benefits Review Board's decisions affirming two orders issued by the administrative law judge awarding attorneys’ fees and supplemental attorneys’ fees to Lesh's attorney, Charles Robinowitz, pursuant to the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. This court recently issued a precedential opinion, Seachris v. Brady-Hamilton Stevedore Co., No. 18-71807, ––– F.3d ––––, 2021 WL 1523252 (9th Cir. Apr. 19, 2021), which addresses a Benefits Review Board fee award to Robinowitz in a manner that likely bears on the orders challenged here. Accordingly, we grant Lesh's petition for review, vacate the Board's decisions, and remand to the Board for further consideration in light of Seachris. Each party shall bear its own costs on appeal.

PETITION GRANTED; VACATED and REMANDED.

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