United States Department of Labor

Employees’ Compensation Appeals Board

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In the Matter of W.M., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS HEALTH ADMINISTRATION 

LOMA LINDA HEALTHCARE SYSTEM, 

Loma Linda, CA, Employer

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Docket No. 17-0835

Issued: January 16, 2020

Appearances: Case Submitted on the Record

Daniel 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 $1,446.00.

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

 

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).
2

Pursuant to its regulations, the Board considered the fee petition under the following 

criteria:

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

(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;7and

(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. No response was 

received.9 Included with counsel’s fee petition, however, was a signed statement of service from 

appellant, indicating that the requested fee of $1,446.00 was reasonable and appropriate.

The requested fees pertain to services performed before the Board in the above-referenced 

appeal. The Board notes that in its decision dated December 27, 2017, it affirmed a November 30, 

2016 decision of the Office of Workers’ Compensation Programs finding that appellant had not 

met her burden of proof to establish a traumatic injury in the performance of duty on June 5, 2015, 

as alleged. Counsel had submitted a four-page brief addressing the issues on appeal. He cited 

legal authority in support of his arguments and identified evidence challenging the denial of 

appellant’s traumatic injury claim.

On February 12, 2018 counsel provided a fee petition requesting approval of fees totaling 

$1,446.00. The fee petition requests approval of time from January 23, 2017 through January 10, 

2018 and documents a total of 4.40 hours spent in connection with this appeal before the Board. 

This includes 2.1 hours at $475.00 per hour for Daniel M. Goodkin, Esq., and 2.3 hours at 

 

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.

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

indicating that she agreed with the requested fee for services rendered.
3

$195.00 per hour for Paralegal Erika Bauer. The fee petition describes the specific services 

provided for the amount claimed.

The Board has reviewed the fee petition and finds that 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 

18 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 $1,446.00.

Issued: January 16, 2020

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