United States Department of Labor

Employees’ Compensation Appeals Board

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In the Matter of L.B., Appellant

and

DEPARTMENT OF AGRICULTURE, FOREST 

SERVICE, Albuquerque, NM, Employer

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Docket No. 17-0597

Issued: April 19, 2018

Appearances: Case Submitted on the Record

Daniel M. Goodkin, Esq., for the appellant

Office of Solicitor, for the Director

ORDER GRANTING FEE PETITION

Before:

CHRISTOPHER J. GODFREY, Chief Judge

COLLEEN DUFFY KIKO, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

Counsel for appellant has filed a fee petition in the amount of $1,624.00.1 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

Pursuant to its regulation, the Board must consider the fee petition 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;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

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

appeal. The underlying issue was whether appellant met her burden of proof to establish that her 

arthritic condition was a consequence of her accepted April 21, 2007 employment injury. By 

decision dated September 1, 2017, the Board found the case was not in posture for a decision as 

the Board found the opinion of the impartial medical examiner was based on an inaccurate 

statement of accepted facts. The Board therefore remanded the case for preparation of a proper 

statement of accepted facts and a new referral to an impartial medical examiner, to be followed by 

a de novo decision. On October 30, 2017 counsel submitted a fee petition and statement of services 

requesting approval of fees totaling $1,624.00.

OWCP’s decisions on appeal were dated July 28 and October 11, 2016 and the appeal was 

filed with the Board on January 23, 2017. The Board issued its decision on September 1, 2017. 

The fee petition requests approval of services from November 10, 2016 to September 6, 2017 and 

documents 5.60 hours spent in connection with the appeal before the Board at $475.00 an hour for

1.90 hours for Daniel M. Goodkin, Esq. and $195.00 per hour for 3.70 hours for Paralegal Erika 

Bauer. The fee petition described the specific services provided for the amount claimed.

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.

 

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). 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

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 for up to a year or both.”

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

$1,624.00.

10

Issued: April 19, 2018

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

 

10 Colleen D. Kiko, Judge, participated in the original decision, but was no longer a member of the Board effective 

December 11, 2017 and did not participate in the preparation of this order.