Shah Ex Rel. Winter v. Worldwide Language Resources, Inc.
703 F. App'x 624
| 9th Cir. | 2017Background
- Shahwali Shah sought attorney fees following a Defense Base Act claim under the Longshore and Harbor Workers’ Compensation Act.
- The ALJ issued an attorney-fee order (filed May 14, 2015) awarding $48,719 in fees and $17,586.24 in costs; Shah filed a petition for reconsideration with the ALJ.
- The ALJ denied reconsideration; that denial was served by the District Director on June 19, 2015.
- Shah filed a Notice of Appeal with the Benefits Review Board on June 22, 2015; the Board dismissed the appeal as untimely, stating appeals must be filed within 30 days of the ALJ order filing by the district director.
- Separately, the District Director issued a fee award on August 24, 2015 for $8,480.50; the Board affirmed that award but dismissed Shah’s appeal of the ALJ order.
- Shah petitioned this court for review; the Ninth Circuit granted the petition, reversed the Board’s dismissal, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shah’s appeal of the ALJ fee order was timely | Tolling of the appeal period while ALJ entertained Shah’s motion for reconsideration; appeal filed after denial is timely | Appeal period runs from filing of ALJ order by district director; Shah’s appeal was filed too late | Court held tolling applies when ALJ “entertained or considered” the reconsideration motion; Shah’s appeal was timely |
| Whether Board erred by dismissing appeal without considering merits | Board should consider ALJ’s fee order on its merits because appeal timely | Board relied on 30-day filing rule to dismiss | Court reversed Board and remanded for consideration on the merits |
| Whether Board’s decision on District Director’s compensation/order must consider both findings | District Director’s order must be reconsidered in light of ALJ findings if ALJ appeal proceeds | District Director’s order may stand independently | Court remanded District Director’s order for findings that consider both ALJ and District Director determinations, including hourly rates |
| Standard of review for Board legal conclusions | N/A (contextual) | N/A | Court reviews legal questions de novo and ALJ factual findings for adherence to statutory standard |
Key Cases Cited
- Rhine v. Stevedoring Servs. of Am., 596 F.3d 1161 (9th Cir. 2010) (standard for reviewing the Board’s decisions and ALJ factual findings)
- Todd Shipyards Corp. v. Black, 717 F.2d 1280 (9th Cir. 1983) (framework for Board review of ALJ determinations)
- Bumble Bee Seafoods v. Director, OWCP, 629 F.2d 1327 (9th Cir. 1980) (same)
- Force v. Director, OWCP, 938 F.2d 981 (9th Cir. 1991) (de novo review for legal questions under the Longshore Act)
- Bowman v. Lopereno, 311 U.S. 262 (1940) (tolling principle where a tribunal entertains or considers a motion for reconsideration)