MICHAEL LESH V. ADVANTAGE FEDERAL RESOURCING, No. 19-71780 (9th Cir. 2021)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED APR 23 2021 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT MICHAEL E. LESH, No. Petitioner, v. U.S. COURT OF APPEALS 19-71780 BRB No. 18-0496 MEMORANDUM* ADVANTAGE FEDERAL RESOURCING; et al., Respondents. On Petition for Review of an Order of the Benefits Review Board Submitted February 11, 2021** San Francisco, California Before: HURWITZ and BRESS, Circuit Judges, and FEINERMAN,*** District Judge. Michael E. Lesh petitions for review of the Department of Labor Benefits Review Board’s decisions affirming two orders issued by the administrative law * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Gary Feinerman, United States District Judge for the Northern District of Illinois, sitting by designation. judge awarding attorneys’ fees and supplemental attorneys’ fees to Lesh’s attorney, Charles Robinowitz, pursuant to the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. This court recently issued a precedential opinion, Seachris v. Brady-Hamilton Stevedore Co., No. 18-71807, __ F.3d __ (9th Cir. Apr. 19, 2021), which addresses a Benefits Review Board fee award to Robinowitz in a manner that likely bears on the orders challenged here. Accordingly, we grant Lesh’s petition for review, vacate the Board’s decisions, and remand to the Board for further consideration in light of Seachris. Each party shall bear its own costs on appeal. PETITION GRANTED; VACATED and REMANDED. 2

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