Heidi Eberly-Sherman v. Department of Army/naf

MEMORANDUM

Heidi Eberly-Sherman petitions for review of the final order of the Benefits Review Board (“BRB”) affirming an administrative law judge’s (“ALJ”) award of attorney’s fees to her attorney, Charles Robinowitz, pursuant to the Longshore and Harbor Workers’ Compensation Act (“Longshore Act”), 33 U.S.C. § 901 et seq. Petitioner contends that the BRB erred in affirming a $309.00 hourly rate for Robinowitz and a $110.00 hourly rate for Robinowitz’s legal assistant. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here. We have jurisdiction under 33 U.S.C. § 921 (c), and we deny the petition.

“[T]he burden is on the fee applicant to produce satisfactory evidence ... that the requested rates are in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.” Christensen v. Stevedoring Servs. of Am., 557 F.3d 1049, 1053 (9th Cir.2009) (quoting Blum v. Stenson, 465 U.S. 886 , 896 n. 11, 104 S.Ct. 1541 , 79 L.Ed.2d 891 (1984)). The BRB did not err in concluding that Robinowitz failed to meet this burden. See Van Skike v. Dir., Office of Workers’…