Owcp

Jackson Ex Rel. Dupree v. Director, Office of Workers' Compensation Programs

Good Law
505 F. App'x 616
United States Court of Appeals for the Ninth CircuitJanuary 15, 201311-71193California543 words

Opinion

Opinion

MEMORANDUM

Petitioner Steven Jackson petitions for review of the final order of the Benefits Review Board, affirming the Office of Workers’ Compensation Programs’ District Director’s order reducing the hours and fees in an attorney’s fee petition and granting Jackson’s attorneys, Eric Dupree and Paul Myers, an attorney fee award of $16,736.50. We have jurisdiction pursuant to 33 U.S.C. § 921 (c). For the following reasons, we deny the petition for review.

We review an award of attorney’s fees for abuse of discretion. Tahara v. Matson Terminals, Inc., 511 F.3d 950, 952 (9th Cir.2007). “Any elements of legal analysis that figure into the fee determination are subject to de novo review, and we review underlying factual determinations for clear error.” Id. Jackson was successful on a federal workers’ compensation claim against Respondent True Blue, Inc., and thus he is entitled to a “reasonable attorney’s fee” pursuant to § 28 of the Long-shore and Harbor Worker’s Compensation Act, 38 U.S.C. § 928 . “Use of the ‘lodestar method’ to calculate attorney’s fees under a federal fee-shifting statute is proper.” Tahara, 511 F.3d at 955 (citing Staton v. Boeing Co., 327 F.3d 938, 965 (9th…

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