Robins

Robins v. Matson Terminals, Inc.

Good Law
283 F. App'x 535
United States Court of Appeals for the Ninth CircuitJune 23, 2008No. 07-72479California397 words

Opinion

Lead Opinion

MEMORANDUM **

Debbie Robins, a longshore worker, prevailed in part on a claim against her employer, Matson Terminals, Inc., for disability compensation and medical costs resulting from a work injury. Robins, on behalf of her counsel, requested attorney’s fees under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 928 (a). She petitions for review of a final order of the Benefits Review Board (“BRB”) affirming an Administrative Law Judge’s (“ALJ”) partial award of attorney’s fees in the amount of $9190. We have jurisdiction under 33 U.S.C. § 921 (c), and we deny the petition.

The BRB did not err in affirming the ALJ’s decision to reduce the lodestar fee by fifty percent or reduce the lodestar hourly rate. The ALJ considered the complexity of the legal issues and the amount of benefits received. See 20 C.F.R. § 702.132 (a) (“Any fee approved shall be reasonably commensurate with the necessary work done and shall take into account ... the complexity of the legal issues involved, and the amount of benefits awarded.... ”). In light of Robins’s partial success on her claim, the ALJ exercised his discretion in reducing the fee award. See Hensley v. Eckerhart, 461 U.S.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.