Catherine Berry v. Air Force Central Welfare Fund

Background Berry worked for the Airforce Central Welfare Fund at Lackland Air Force Base in Nevada. After she fell and injured herself at work, she filed a claim against the defendants for disability benefits under the Longshore Act. Relying on the parties’ stipulation, an administrative law judge (“ALJ”) awarded Berry benefits in 2015. The ALJ also awarded Berry her attorneys’ fees incurred in obtaining the award.

BERRY V. AIR FORCE CENT. WELFARE FUND

The defendants paid Berry’s disability benefits for four years. But in 2019, they stopped paying Berry “after identifying suitable alternative employment” for her. Berry requested a declaration of default from the Department of Labor (“Department”), arguing that the defendants defaulted on their payment obligations under the ALJ’s compensation order. A district director for the Department declared the defendants in default and ordered them to pay overdue benefits plus penalties, and later issued a supplemental declaration of default ordering the defendants to pay a total of $88,105.01. The district director also awarded Berry the attorneys’ fees she incurred to secure the default orders. Berry sued in federal court…