PUBLISHED
Filed: 1/26/07
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1088
BOYD AND STEVENSON COAL COMPANY,
Petitioner,
versus
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR;
and
IRENE SLONE,
Respondents.
O R D E R
In this case, Irene Slone, a widow, was awarded benefits for
her husband's death due to black lung disease. That judgment was
paid by the Virginia Property and Casualty Insurance Guaranty
Association (VPCIGA).
Mrs. Slone has before us a motion to remand the case to the
Director, Office of Workers Compensation Programs for a decision as
to liability for the payment of attorney's fees for Mrs. Slone's
attorney in this court and otherwise. The Director has called our
attention to the fact that the said VPCIGA is not a party to this
proceeding and has, nevertheless, declined liability on his part,
although he is of opinion that VPCIGA is so responsible. We note
at this point that in at least one case we have heard, we have
stated that the Director's interpretation of the Black Lung Act
should be deferred to. Betty B Coal v. Director, 194 F.3d 491, 498
(4th Cir. 1999). Mrs. Slone's attorney has advised us that he is
advised by the attorney for VPCIGA that it will decline to pay his
attorney's fees, in an amount which should be allowed by this court
or an administrative body.
It is accordingly ADJUDGED and ORDERED as follows:
1. Virginia Property Casualty Insurance Guaranty Association
shall be, and it hereby is, made a party to this proceeding. The
clerk of this court will cause to be served on VPCIGA a copy of
this order. Upon such service, VPCIGA will be a party to this
proceeding.
2. We invite motions by all interested parties with respect
to liability for such attorney's fees, especially VPCIGA, Irene
Slone, Boyd and Stevenson Coal Company, and the Director. Said
motions will be filed within 30 days from the date of service of
this order upon VPCIGA and will be not more than 10 pages in
length, including citation of authorities.
3. Following the filing of the motions mentioned in paragraph
2 above, the court will enter such orders as may be appropriate.
With the concurrences of Judge Wilkinson and Judge Niemeyer.
/s/ H. E. Widener, Jr.
For the Court
Boyd and Stevenson v. DOWCP
Combined Opinion