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EASTERN ASSOCIATED COAL CORP. v. WORKERS' COMP.

Nos. 11-2038, 11-2380.

724 F.3d 561 (2013)

EASTERN ASSOCIATED COAL CORPORATION, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Harold Gosnell, Respondents. Eastern Associated Coal Corporation, LLC, Petitioner, v. Director, Office of Workers' Compensation Programs, United States Department of Labor; Harold Gosnell, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: July 31, 2013.

Attorney(s) appearing for the Case

ARGUED: Laura Metcoff Klaus , Greenberg Traurig LLP, Washington, D.C., for Petitioner. Ryan Christopher Gilligan , Wolfe, Williams, Rutherford & Reynolds, Norton, Virginia, for Respondents. ON BRIEF: Mark E. Solomons , Greenberg Traurig LLP, Washington, D.C., for Petitioner. Joseph E. Wolfe , Wolfe, Williams, Rutherford & Reynolds, Norton, Virginia, for Respondents.

Affirmed as modified by published opinion. Judge KEENAN wrote the opinion, in which Judge WILKINSON and Judge GREGORY joined.

BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, we consider a former employer's challenges to attorneys' fees and other related fees awarded under the Black Lung Benefits Act (the BLBA), 30 U.S.C. §§ 901 through 945. After Harold Gosnell, the claimant, was awarded black lung benefits, claimant's counsel successfully petitioned the administrative law judge (the ALJ) for an award of recoverable fees. The Benefits Review Board (the BRB) affirmed the ALJ...

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