United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

J.S., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Denver, CO, Employer 

__________________________________________ 

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Docket Nos. 08-2072 and 09-

650 

Issued: October 17, 2014 

Appearances: Case Submitted on the Record 

John S. Evangelisti, Esq., for the appellant 

Office of Solicitor, for the Director

ORDER GRANTING ATTORNEY’S FEE 

Before: 

COLLEEN DUFFY KIKO, Judge 

ALEC J. KOROMILAS, Alternate Judge 

JAMES A. HAYNES, Alternate Judge 

Counsel for appellant has filed a request for approval of attorney’s fee in the amount of 

thirteen thousand, twenty-one dollars and seventy-five cents ($13,021.75). By order dated 

May 14, 2014, the Board denied counsel’s request and allowed an additional 60 days for the 

submission of additional material information to review the request under the Board’s 

regulations at 20 C.F.R. § 501.9.1

The Board found in its April 20, 2009 decision that appellant had identified a 

compensable factor of employment with respect to an incident between the postmaster and 

appellant on July 5, 2006, but affirmed the denial of the other allegations. The March 14 and 24, 

2008 decisions of the Office of Workers’ Compensation Programs (OWCP) were set aside and 

remanded in part as to the one issue of substantiated harassment. 

On appeal appellant’s counsel came before the Board for oral argument and submitted a 

14-page brief in support of his argument. He provided the Board a detailed factual presentation 

as well as citations to many Board decisions regarding the effect of Equal Employment 

Opportunity Commission findings on OWCP cases. Counsel cited to Robert C. Treadway, 

Docket No. 00-2182 (issued February 19, 2002); Jimmy L. Day, Docket No. 95-2410 (issued 

August 26, 1997) and Michael A. Deas, Docket No. 00-1090 (issued November 14, 2001) as 

                                                             1 See 5 U.S.C. § 8127(b); 20 C.F.R. § 501.9. 
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supportive of his argument that a finding of harassment by EEOC would be relevant to a claim 

before OWCP. 

On June 24, 2014, counsel responded to the Board’s May 14, 2014 order providing 

additional information for consideration of the fee request pursuant to 20 C.F.R. § 501.9(e). He 

noted that appellant did not contest the amount of the fee. Counsel addressed the usefulness of 

the representative services by submitting legal argument in the claim with citation to Board 

precedent that was found relevant to the issue on appeal. He also addressed the time submitted 

in the fee petition on the case, in communication with appellant and addressed the customary 

local charges for similar services. Counsel specifically addressed the hourly rates charged by the 

staff of his law firm in this appeal. 

The decisions on appeal to the Board were dated March 14 and 24, 2008. The fees 

charged for July 28, 2007 are disallowed as they are for periods prior to OWCP decisions from 

which appellant has appealed to the Board. Therefore, the amount of $200.00 of the requested 

attorney fees is disallowed. 

The Board notes that it is difficult to ascertain the services for which fees are being 

charged when the document presented for approval includes both services before OWCP and the 

Board. Crossing out certain lines with magic marker and handwriting different amounts on the 

statement will only delay the processing of the fee request. It is requested that only the fees 

charged for work before the Board be included in the request to be approved by the Board. 

The Board has reviewed the fee petition and additional information submitted by counsel 

and finds, with the above-noted exceptions, that it satisfies the requirements of section 501.9(e) 

of the Board’s implementing federal regulations. 

The Board has reviewed the fee petition and additional information submitted by counsel 

and finds that it satisfies the requirements of section 501.9(e) of the Board’s implementing 

federal regulations. 

 
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IT IS HEREBY ORDERED THAT the fee petition is granted in the amount twelve 

thousand, eight hundred twenty-one dollars and seventy-five cents ($12,821.75) 

Issued: October 17, 2014 

Washington, DC 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board