United States Department of Labor

Employees’ Compensation Appeals Board

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In the Matter of P.L., Appellant

and

DEPARTMENT OF ENERGY, WESTERN 

POWER ADMINISTRATION, Loveland, CO, 

Employer

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Docket No. 17-0355

Issued: January 16, 2020

Appearances: Case Submitted on the Record

John S. Evangelisti, Esq., for the appellant

Office of Solicitor, for the Director

ORDER GRANTING FEE PETITION

Before:

CHRISTOPHER J. GODFREY, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

Counsel for appellant has filed a fee petition in the amount of $577.50.

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

 

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

Id. at § 8127.

3 20 C.F.R. § 501.9(e).
2

Pursuant to its regulations, the Board has 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.9 No response was 

received.

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

appeal. By decision dated June 16, 2016, the Office of Workers’ Compensation Programs 

(OWCP) found that the evidence of record was insufficient to establish that appellant sustained 

additional permanent impairment and denied to modification of its prior decision dated 

March 21, 2016. By decision dated June 27, 2018, the Board found that the case was not in posture 

for a final decision and remanded the case to OWCP for further development of the record to 

determine the extent of permanent impairment for tinnitus, for schedule award purposes. 

On May 2, 2018 counsel provided a fee petition and a statement of service requesting 

approval of fees totaling $577.50. The fee petition requests approval of time from November 21, 

2016 through February 1, 2017 and documents a total of 1.8 hours spent in connection with this 

appeal before the Board. This includes 1.5 hours at $350.00 per hour for John S. Evangelisti, Esq., 

and 0.3 hours at $175.00 per hour for 0.3 hours for Paralegal Jodi Waldron. The fee petition 

describes the specific services provided for the amount claimed.

 

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 20 C.F.R. § 501.9(e).
3

The Board has carefully 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 $577.50.

Issued: January 16, 2020

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board