Owcp

Stevedoring Services of America, Inc. v. Director, Office of Workers Compensation Programs

Good Law
445 F. App'x 912
United States Court of Appeals for the Ninth CircuitAugust 1, 201110-73574California507 words

Opinion

Opinion

MEMORANDUM

Petitioners Stevedoring Services of America, Inc. and Homeport Insurance Company appeal several orders of the Benefits Review Board of the United States Department of Labor (the Board) that awarded attorney’s fees to Respondent Bruce Christensen and his attorney Charles Robinowitz. Because the parties are familiar with the factual and procedural history of this case, including numerous prior appeals to this court, Christensen v. Stevedoring Servs. of Am., Inc., 430 F.3d 1032 (9th Cir.2005) (Christensen I); Christensen v. Dir., OWCP, 171 Fed.Appx. 162 (9th Cir.2006) (Christensen II); Christensen v. Stevedoring Servs. of Am., 557 F.3d 1049 (9th Cir.2009) (Christensen III), we repeat only those facts necessary to resolve the issues raised in this appeal. We have jurisdiction under 33 U.S.C. § 921 (c), and we affirm.

Petitioners’ contention that the Supreme Court’s decision in Perdue v. Kenny A., — U.S. -, 130 S.Ct. 1662 , 176 L.Ed.2d 494 (2010), alters our precedent in Christensen III lacks merit. No language in Perdue disturbs Christensen Ill’s holding that the Board should use “prevailing market rates in the relevant community” based on the lawyer’s practice area,…

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