Director, Office of Workers' Compensation Programs, U.S. Department of Labor v. Mason Poyner, Claimant-Respondent

DAVID A. NELSON, Circuit Judge.

The Benefits Review Board of the United States Department of Labor assessed attorney fees of $975.00 against the Black Lung Disability Trust Fund in connection with a retired coal miner’s claim for black lung benefits. The claim, initially filed in 1970, had been denied by the Department of Health, Education and Welfare both before and after enactment of the Black Lung Benefits Reform Act of 1977, but HEW ultimately referred the claim to the Department of Labor, pursuant to 30 U.S.C. § 945(a)(2)(B)(i), for de novo disposition by that Department under Part C of…