Donnie B. Adkins v. Kentland Elkhorn Coal Corporation Director, Office of Workers' Compensation Programs, United States Department of Labor

ORDER

This cause comes before the court upon the application of counsel for petitioner, Donnie B. Adkins, for an award of attorney fees, under Section 28 of the Longshore and Harbor Workers’ Compensation Act, as amended, 33 U.S.C. § 928, as incorporated into the Black Lung Benefits Act, as amended, 30 U.S.C. § 932. The application is opposed.

Upon review of the application and supporting documentation, this court concludes that the application is premature. The applicable statute permits an award of attorney fees if the claimant has utilized the services of an attorney “in the successful…