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United States Fourth Circuit


Eastern Associated Coal Corporation v. Director, Office of Workers' Compensation Programs, 11-2038

The decision by the Benefits Review Board (the BRB) affirming the Administrative Law Judge's award of attorney's fees and other related fees the Black Lung Benefits Act (the BLBA), to claimant and against petitioner, claimant's former employer, is: 1) affirmed in part, where neither the ALJ nor the BRB abused its discretion in concluding that claimant's counsel provided sufficient market-based evidence of rates, and that the number of hours billed for attorneys' services reasonably reflected the work completed; but 2) modified in part, where the award of fees for work performed by certain legal assistants was not supported fully by the record.

Appellate Information

  • Decided 07/31/2013
  • Published 07/31/2013

Judges

  • KEENAN

Court

  • United States Fourth Circuit

Counsel

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