McGinnis, Inc. v. Martin

25 F. App'x 297
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 17, 2001
DocketNo. 00-4159, 00-4604
StatusPublished

This text of 25 F. App'x 297 (McGinnis, Inc. v. Martin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGinnis, Inc. v. Martin, 25 F. App'x 297 (6th Cir. 2001).

Opinion

PER CURIAM.

Defendant-employer McGinnis, Inc., (“McGinnis”) appeals two decisions of the Benefits Review Board of the United States Department of Labor (the “Board”). In McGinnis, Inc. v. Martin, et al., 00-4159 (‘McGinnis I”), the Board affirmed an Administrative Law Judge’s (“ALJ”) decision to award Plaintiff-employee Jeffrey Lee Martin (“Martin”) attorney’s fees for his worker’s compensation claim against McGinnis brought under Section 28 of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 928 (the “Longshore Act”). The Board also affirmed the ALJ’s finding that Martin’s attorneys properly billed their client in quarter-hour increments. In McGinnis, Inc. v. Martin, et al., 00-4604n (‘McGinnis II ”), the Board awarded Martin attorney’s fees for defending the appeal to the Board in McGinnis I. The Board again found that Martin’s attorneys properly billed their client in quarter-hour increments and denied McGinnis’s request to lower the number of hours that Martin’s attorneys claimed compensable. For the reasons set [298]*298forth below, we AFFIRM the Board’s decision.

I. FACTUAL AND PROCEDURAL HISTORY

These actions arise out of a workers’ compensation claim brought by Jeffrey Martin for and injury suffered to his left hand while working at McGinnis on September 6, 1995. After the injury, Martin alternated between working light duty for McGinnis and being unable to work at all due to lingering hand and wrist pain. On January 21, 1997, due to the severe pain, Martin stopped working altogether.

Martin was paid compensation by the Ohio Bureau of Worker’s Compensation (the “OBWC”) pursuant to Ohio worker’s compensation laws from the date of the injury until December 1997. After the state benefits were cut off, on December 11, 1997, Martin requested that McGinnis initiate compensation payments pursuant to the Longshore Act. McGinnis denied the request. Eventually, beginning on May 18, 1998, Martin resumed receiving compensation benefits under the Ohio laws.

Although initially denying that Martin was covered by the Longshore Act, McGinnis reversed its position prior to the formal hearing and stipulated that Martin was entitled to coverage under the Long-shore Act. However, at the hearing before the ALJ, McGinnis disputed the extent of coverage, claiming that Martin was able to return to his usual employment or a suitable alternative thereof. The ALJ rejected both of these claims. The ALJ found that the disability was temporary and awarded Martin compensation for the following periods: (1) September 6 to October 24, 1995; (2) December 2, 1995 to February 6, 1996; and (3) January 22, 1997 and continuing, as well as medical benefits.

After the initial decision, Martin’s counsel submitted a petition to the ALJ for $26,062.50 in attorney’s fees representing 182.25 hours at an hourly rate of $150 for lead counsel and an hourly rate of $125 for associate counsel, plus costs of $5,680.35. The fees were submitted in one-quarter-hour-minimum blocks. In his Supplemental Decision and Order Granting Attorney’s Fees, the ALJ awarded Martin the fees requested. In McGinnis I, the ALJ rejected McGinnis’s objections to (1) awarding the fee at all, and (2) use of the quarter-hour-minimum blocks for calculating attorney’s fees. On appeal, the Board affirmed the ALJ’s decision.

In McGinnis II, McGinnis objected to Martin’s attorneys (1) billing in quarter-hour-minimum blocks for defending the appeal before the Board, and (2) billing 10.5 hours for the appeal when the briefs filed before the ALJ and the Board were substantially the same. The Board also rejected these arguments and awarded Martin $1,575.00 in fees.1 McGinnis then appealed both decisions to this Court.

II. ANALYSIS

Under § 21 of the Longshore Act, we must affirm the Board’s decision if it is supported by substantial evidence in the record and in accordance with the law. See 33 U.S.C. § 921; Pyro Mining Co. v. Slaton, 879 F.2d 187 (6th Cir.1989).

Section 28 of the Longshore Act allows a claimant to recover “reasonable attor[299]*299ney’s fees” if the claimant “successfully prosecutes” the claim. What constitutes a successful prosecution depends, in part, on an employer’s actions after receiving a complaint. Under § 28(a), if an employer declines to pay compensation within thirty days of receiving written notice of. the claim on the ground that there is no liability for compensation within the provisions of the act, and the claimant’s attorneys services result in a successful prosecution of the claim, the employer must pay the claimant’s reasonable attorney fees. 33 U.S.C. § 928(a). Under § 28(b) of the Longshore Act, if the employer concedes that some compensation is due, but a controversy arises as to the amount of compensation, the case is sent to conference to a deputy commissioner or Board, which will recommend a decision. If the employer refuses to accept this recommendation, and the employee refuses the amount offered by the employer, the employer will be liable for the employee’s reasonable attorne/s fees if the actual award is “greater than the amount paid or tendered by the employer!)]” 33 U.S.C. § 928(b).

While neither the ALJ nor the Board specifically stated which of these provisions governed Martin’s claim, we find that Martin was entitled to recover attorneys fees under either one. § 28(a) applies if the employer challenges liability under the Act for at least thirty days after notice of the claim. In such a case, establishing liability and the right to any compensation constitutes a successful prosecution. See Bethenergy Mines Inc., v. Director, Office of Workers Compensation Programs, 854 F.2d 632, 638 (3d Cir. 1988) (holding that a withdrawal of controversion is a concession that the employee is entitled to benefits, and therefore the claimant has succeeded); American Stevedores, Inc., v. Salzano, 538 F.2d 933, 937 (2d Cir.1976) (“it being determined that claimant is disabled within the meaning of the Act, claimant’s attorney is entitled to a fee for legal services rendered.”), Here, the record indicates that McGinnis only conceded jurisdiction under the Longshore Act after this thirty day period. McGinnis has not rebutted Martin’s claim that McGinnis was disputing jurisdiction as late as December 2, 1997. Therefore, Martin successfully prosecuted the claim when he established his bare right to compensation, regardless of the amount.

Similarly, if the ALJ and Board were proceeding under § 28(b) of the Act, Martin’s attorneys also successfully prosecuted the claim. Under § 28(b), McGinnis only owes attorney’s fees if Martin’s attorneys were able to secure compensation greater than that offered or tendered by McGinnis.

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25 F. App'x 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcginnis-inc-v-martin-ca6-2001.