Pittsburgh & Conneaut Dock Co. v. Director, Office of Workers' Compensation Programs, United States

Although I agree with the majority’s conclusion upholding the award of permanent total disability benefits to Thomas Bordeaux (“Bordeaux”) and the denial of the motion to compel, I write to express my disagreement with the majority’s reversal of the attorney-fee award. Both the Administrative Law Judge (“ALJ”) and the Benefits Review Board (“BRB”) concluded that Bordeaux was entitled to recover attorney fees, albeit on different grounds. Although the statutory scheme’s complexity may hinder identification of the proper statutory basis for a fee award, one thing is conclusive: Bordeaux is…