Director, Office of Workers' Compensation Programs, United States Department of Labor v. Lennis Simmons

SPROUSE, Circuit Judge:

The Director of the Office of Workers’ Compensation Programs, United States Department of Labor (the Director), appeals from the decision of the Benefits Review Board holding the Black Lung Disability Trust Fund 1 (Trust Fund) liable for the attorney fees incurred by black lung claimant Lennis Simmons. The Benefits Review Board held that the Trust Fund was liable for the attorney fees under 30 U.S.C. § 932(a) because the Director delayed in ordering payment of Simmons’ disability claim for a period exceeding 30 days after the Director had received Simmons’ claim. We…