United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

In the Matter of J.W., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Carol Stream, IL, Employer 

__________________________________________ 

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Docket No. 16-0461 

Issued: August 22, 2016 

Appearances: Case Submitted on the Record

Daniel M. Goodkin, Esq., for the appellant 

Office of Solicitor, for the Director 

ORDER GRANTING FEE PETITION 

Before: 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

ALEC J. KOROMILAS, Alternate Judge 

VALERIE D. EVANS-HARRELL, Alternate Judge 

Counsel for appellant has filed a fee petition in the amount of $656.50.1 The Board notes 

that all petitions for approval of fees for representative’s services are considered under the 

Board’s statutory authority found at section 8127 of the Federal Employees’ Compensation Act,2

(FECA) and under its Rules of Procedure found at 20 C.F.R. § 501.9(e).3 

Pursuant to its regulation, the Board considers fee petitions under the following criteria: 

(1) The usefulness of the Representative’s services;4 

                                                             1

 FECA (5 U.S.C. § 8127(b)) and its implementing regulations (20 C.F.R. § 501.9) clearly require the Board to 

review each fee petition on its own merits and with regard to the unique facts and issues of each appeal. The 

recognition that each appeal to the Board has unique aspects is reflected in the Board’s orders granting or denying 

fee petitions. 

2

 5 U.S.C. § 8127. 

3

 20 C.F.R. § 501.9(e). 

4

 The Board’s consideration of “usefulness” includes, but is not limited to, the frequency and quality of 

communication by the representative with the client, the factual evidence and legal argument offered and written 

pleadings filed in the case. The Board will also consider the usefulness of a representative’s work as it aided the 

Board in its consideration and decision of the issue appealed. 
2

(2) The nature and complexity of the appeal;5

 

(3) The capacity in which the Representative has appeared;6

 

(4) The actual time spent in connection with the Board appeal;7 and 

(5) Customary local charges for similar services.8

As required by the Board’s regulations, appellant has been afforded written notice of the 

fee requested and provided an opportunity to comment on the fee petition.9

 No response was 

received.10

The requested fees pertain to services performed before the Board in the abovereferenced appeal. By decision dated April 14, 2016, the Board set aside OWCP’s January 6, 

2016 denial of appellant’s occupational disease claim and remanded the case for further 

development of the medical evidence regarding whether she established a right shoulder injury 

causally related to factors of her federal employment. 

On appeal counsel had submitted a four-page brief addressing the factual history of the 

case and presented Board precedent addressing the burden of proof regarding causal relationship. 

He argued that the medical opinion of appellant’s attending physician was sufficient to establish 

that appellant’s right shoulder injuries were caused by a factor of her employment. 

OWCP’s decision on appeal was dated January 6, 2016 and the appeal and supporting 

brief were filed with the Board on January 12, 2016. The fee petition requests approval of time 

from January 11 through April 18, 2016 and documents 1.90 hours spent in connection with this 

appeal before the Board at $425.00 per hour for Daniel M. Goodkin, Esquire, before January 11, 

2016 and $475.00 per hour after that date and $195.00 per hour for Paralegal Jessica Pope as of 

January 11, 2016. 

                                                             5

 The Board’s evaluation of the “nature and complexity” of an appeal includes, but is not limited to, whether the 

issue appealed is novel or required extensive or unusual factual evidence or legal argument. The Board recognizes 

that not all complex issues are cases of first impression. However, the representative must establish the complex or 

unusual nature of the appeal. 

6

 The Board’s consideration of the “capacity” in which a representative appears includes, but is not limited to, 

whether the representative obtained a written retainer and fee agreement was obtained. 

7

 The Board’s evaluation of an itemized statement of work and charges includes, but is not limited to, whether the 

statement is clear, detailed, and describes those aspects of the appeal which merit the fee claimed and whether the 

representative has personally affirmed the correctness of the fee. No stipulated or contingent fee will be approved 

by the Board. 20 C.F.R. § 501.9(e). 

8

 The Board’s consideration of customary, local fees recognizes that representatives often have clients in several 

states and that local custom must be balanced against national practice in the FECA appeals. 

9

 20 C.F.R. § 501.9(e). 

10 The Board notes that included with the counsel’s fee petition was a signed statement from appellant indicating 

that she found the requested fee to be reasonable and appropriate. 
3

The Board has carefully reviewed the fee petition and finds it satisfies the requirements 

of section 501.9(e) of the Board’s implementing regulations. The Board concludes that the fee 

requested is reasonable. 

The Board notes that under 20 C.F.R. § 501.9(e) “[n]o claim for a fee for legal or other 

service performed on appeal before the Board is valid unless approved by the Board.” Under 

19 U.S.C. § 292, collecting a fee without the approval of the Board may constitute a 

misdemeanor, subject to fine or imprisonment up to a year or both. 

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

$656.50. 

Issued: August 22, 2016 

Washington, DC 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 Valerie D. Evans-Harrell, Alternate Judge 

 Employees’ Compensation Appeals Board