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Barbera v. Director, Office of Workers' Compensation Programs

Labor Benefits Review Board erred in denying Petitioner a de minimis award where he had established a significant possibility of future economic harm as a result of a work related injury; Board erred in reducing award of attorney's fees because the case was complex and counsel obtained a substantial benefit for Petitioner.

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Submitted Under Third Circuit LAR 34.1(a) March 12, 2001

OPINION OF THE COURT

James Barbera (“Barbera”) petitions for r review of final orders of the United States Department of Labor Benefits Review Board (the “Board”) affir ming in part and reversing in part Orders of Administrative Law Judge Edith Barnett (“ALJ Barnett”) and affirming Or ders of Administrative Law Judge Linda Chapman (“ALJ Chapman”).*fn1 Petitioner makes two claims. First, he claims that the Board err ed in affirming ALJ Barnett’s denial of a de minimis award under the Longshore and Harbor Workers’ Compensation Act (the “LHWCA”), 33 U.S.C. SS 901 et seq. , where ALJ Barnett found proof of Petitioner’s present medical disability and a reasonable expectation of future loss of wage-earning capacity. Second, he claims that, (a) absent a finding of abuse of discretion, the Board err ed in reversing ALJ Barnett’s award of attorney’s fees to Petitioner’s counsel, and (b) the Board further erred in subsequently affirming ALJ Chapman’s significant reduction in counsel’s hourly rates. Petitioner specifically alleges that the Board erroneously departed from its proper standard of administrative review.

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