General Dynamics Corporation v. Peter E. Horrigan and Director, Office of Workers' Compensation Programs, U.S. Department of Labor

COFFIN, Circuit Judge.

Petitioner General Dynamics Corporation appeals from a final order of the Benefits Review Board (“the Board”) of the Department of Labor awarding attorney’s fees to respondent Peter Horrigan for work expended on respondent’s unsuccessful claim of retaliatory discharge. The Board’s decision reversed the ruling of the Administrative Law Judge (“AU”) denying fees for that claim on which respondent was wholly unsuccessful. We deny enforcement of the Board’s order, and remand with instructions to accept the findings of the AU.

The following facts are derived from the report of…