Director, Office of Workers' Compensation Programs, United States Department of Labor v. James Baca

TACHA, Circuit Judge.

The Director of the Office of Workers’ Compensation Programs (OWCP) seeks review of a United States Department of Labor Benefits Review Board (the Board) order affirming an administrative law judge's (AU) attorneys fee award. We have jurisdiction to consider this appeal pursuant to 30 U.S.C. § 932(a) and 33 U.S.C. § 921(c). Because we conclude the Board’s interpretation of the relevant statute is contrary to its plain language, we reverse. 1

James Baca filed a claim for black lung disability benefits under Part C of the Black Lung Benefits Act, 30 U.S.C. §§ 901— 945, (the…