United States Fourth Circuit

Petition for review of a decision affirming an ALJ's award of benefits and attorney's fees under the Black Lung Benefits Act is affirmed in part, vacated in part, and remanded where: 1) the award of benefits was legally proper and supported by substantial evidence; but 2) the ALJ erred in granting an award of attorney's fees without first determining a prevailing hourly rate for the attorney's work.

Appellate Information

• Argued 01/28/2010
• Decided 04/08/2010
• Published 04/08/2010

Judges

• Before MICHAEL and DUNCAN, Circuit Judges, and R. BRYAN HARWELL, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Douglas Allan Smoot, Jackson Kelly, PLLC, Charleston, West Virginia, for Petitioner. Ryan Christopher Gilligan, Wolfe, Williams, Rutherford & Reynolds, Norton, Virginia, for Respondents. ON BRIEF:Kathy L. Snyder, Jackson Kelly, PLLC, Morgantown, West Virginia, for Petitioner. Joseph E. Wolfe, Wolfe, Williams, Rutherford & Reynolds, Norton, Virginia, for Respondent Lloyd A. Cox.