PUBLISHED
Filed: 6/8/07
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1088
BOYD AND STEVENSON COAL COMPANY, OLD REPUBLIC
INSURANCE COMPANY,
Petitioners,
versus
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, IRENE SLONE; VIRGINIA PROPERTY AND
CASUALTY INSURANCE GUARANTY ASSOCIATION,
Respondents.
O R D E R
On May 13, 2006, we entered our opinion and order vacating the
judgment of the Benefits Review Board and requiring the Board to
enter its order designating Virginia Property and Casualty
Insurance Guaranty Association (VPCIGA) as the insurer responsible
for payment of Mrs. Slone's survivor's benefits in this case. The
Board complied with that order, and on January 26, 2007 we entered
our order making VPCIGA a party to this proceeding, ___ F.3d ___,
No. 02-1088, (4th Cir. 2007).
On November 23, 2005, the firm of Wolfe, Williams & Rutherford
filed its petition for attorney's fees and expenses for its
representation of Irene Slone in this case, said petition being in
the amount of $9,406.25 for fees and expenses.
We have received responses from all of the parties to our
order making VPCIGA a party to this proceeding and are of opinion
that VPCIGA is responsible for payment of the fees and expenses
claimed by Wolfe, Williams & Rutherford in this case. We are of
opinion the fee request is reasonable, and we hereby allow payment
of $9,375, which is the amount claimed by Wolfe, Williams &
Rutherford, less $131.25 for services of a legal assistant, which
sum of $131.25 we hold is not a reimbursable expense.
It is further ADJUDGED and ORDERED that VPCIGA will see that
the said sum of $9,375 is paid to Wolfe, Williams & Rutherford
without undue delay.
With the concurrences of Judge Wilkinson and Judge Niemeyer.
/s/ H. E. Widener, Jr.
For the Court