U.S. Department of Labor Office of Administrative Law Judges
John W. McCormack Post Office and Courthouse
Boston, Massachusetts 02109
Case No.: 93-ERA-24
File No.: 93-107-08298
In the Matter of:
Calvin J. Creekmore,
Complainant,
against
ABB POWER SYSTEMS ENERGY
SERVICES, INC.,
Respondent.
SUPPLEMENTAL DECISION AND ORDER GRANTING
ATTORNEY FEE
Complainant's attorney, having successfully prosecuted this claim
by a successful appeal to the Secretary of Labor, is entitled to a fee assessed against the
Respondent. Complainant's attorney filed a supplemental fee application on August 5, 1996 (CX
A), concerning services rendered and costs incurred in representing Claimant between September
24, 194 and April 12, 1996. Attorney Robert W. Heagney seeks a fee of $28,365.00 based on
163.85 hours of attorney time at $173.43 per hour.
In the interests of judicial efficiency, I shall consider the entire fee
petition at this time.
In light of the nature and extent of the excellent legal services
rendered to Complainant by his attorney, the amount of benefits obtained for Complainant and
the Respondent's lack of comments on the requested fee, I find a legal fee of $28,365.00 plus
expenses amounting to ,251.78, is fair and reasonable and in accordance with the criteria
provided in the Act and regulations, and is hereby approved. The expenses are approved as
reasonable and necessary litigation expenses.
The Respondent is hereby directed to pay to Claimant's attorney
the above-approved supplemental fee for representing Claimant between September 24, 1994 and
April 12, 1996.
