U.S. Court of Appeals for the Fourth Circuit, 2007

Boyd & Stevenson Coal Co. v. Director, Office of Workers' Compensation Programs

U.S. Court of Appeals for the Fourth Circuit · Decided June 8, 2007

489 F.3d 614; 2007 WL 1662633 (Federal Reporter, Third Series)

Counsel

Mark Elliott Solomons, Laura Metcoff Klaus, Greenberg & Traurig, LLP, Washington, DC, for Petitioners., Michael Francis Blair, Penn, Stuart & Eskridge, Abingdon, VA, United States Department of Labor Sascl Division, Helen Hart Cox, Office of Workers’ Compensation Programs United States Department of Labor, Washington, DC, Joseph E. Wolfe, William Andrew Delph, Jr., Wolfe, Williams & Rutherford, Norton, VA, for Respondents.

Cases that cite this one

1 later published case cites this decision.

Boyd And Stevenson Coal Company v. Director, Office Of Workers' Compensation Programs (4th Cir. 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

On May 13, 2006, we entered our opinion and order vacating the judgment of the Benefits Review Board and requiring the Board to enter its order designating Virginia Property and Casualty Insurance Guaranty Association (VPCIGA) as the insurer responsible for payment of Mrs. Slone’s survivor’s benefits in this case. The Board complied with that order, and on January 26, 2007 we entered our order making VPCIGA a party to this proceeding, --- F.3d --- (4th Cir. 2007).

On November 23, 2005, the firm of Wolfe, Williams & Rutherford filed its petition for attorney’s fees and expenses for *615 its representation of Irene Slone in this case, said petition being in the amount of $9,406.25 for fees and expenses.

We have received responses from all of the parties to our order making VPCIGA a party to this proceeding and are of opinion that VPCIGA is responsible for payment of the fees and expenses claimed by Wolfe, Williams & Rutherford in this case. We are of opinion the fee request is reasonable, and we hereby allow payment of $9,375, which is the amount claimed by Wolfe, Williams & Rutherford, less $131.25 for services of a legal assistant, which sum of $131.25 we hold is not a reimbursable expense.

It is further ADJUDGED and ORDERED that VPCIGA will see that the said sum of $9,375 is paid to Wolfe, Williams & Rutherford without undue delay.

With the concurrences of Judge Wilkinson and Judge Niemeyer.

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