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CLINCHFIELD COAL CO. v. HARRIS

Nos. 97-2155, 97-2161, 97-2163.

149 F.3d 307 (1998)

CLINCHFIELD COAL COMPANY, Petitioner, v. Everett HARRIS; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. JEWELL RIDGE COAL CORPORATION, Petitioner, v. Cleo JACKSON; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. JEWELL RIDGE COAL CORPORATION, Petitioner, v. Leona VANDYKE, widow of Ulysses VanDyke; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1998.

Attorney(s) appearing for the Case

ARGUED: Michael Francis Blair, Penn, Stuart & Eskridge, Abingdon, Virginia, for Petitioners. Jill M. Otte, United States Department of Labor, Washington, DC, for Respondents. ON BRIEF: Marvin Krislov, Deputy Solicitor for National Operations, Donald S. Shire, Associate Solicitor for Black Lung Benefits, Christian P. Barber, Counsel for Appellate Litigation, United States Department of Labor, Washington, DC, for Respondent Director.

Before MURNAGHAN and ERVIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Judge ERVIN wrote the majority opinion, in which Senior Judge PHILLIPS joined. Judge MURNAGHAN wrote a concurring opinion.

OPINION

ERVIN, Circuit Judge:

Clinchfield Coal Company and Jewell Ridge Coal Corporation ("the Employers") appeal the Benefits Review Board's decisions to award attorney's fees against them for legal work that was done before they controverted their employees' claims for benefits. Everett Harris...

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