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BRB No. 06-0405


CHARLOTTE VIGGIANO
(Widow of JOHN VIGGIANO)

		Claimant-Petitioner
		
	v.

DEL MONTE TROPICAL FRUIT COMPANY

	and

LUMBERMAN'S MUTUAL CASUALTY COMPANY

		Employer/Carrier-
		Respondents


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DATE ISSUED: 03/03/2006








ORDER


Claimant has filed a Notice of Appeal with the Board, contending that the district director’s failure to act on her counsel’s December 10, 2003, petition for an attorney’s fee is tantamount to a denial of an attorney’s fee. This appeal is assigned BRB No. 06-0405. All further correspondence with the Board concerning this appeal should reference this number.

We dismiss claimant’s appeal, as the district director has not issued a decision awarding or denying an attorney’s fee or sent any correspondence that could be construed as a final action on the attorney’s fee petition. As a decision has not been issued, the Board lacks jurisdiction over this appeal. See 33 U.S.C. §921(b); 20 C.F.R. 802.201; see generally Healy Tibbitts Builders, Inc. v. Cabral, 201 F.3d

1090, 33 BRBS 209(CRT) (9th Cir.), cert. denied, 531 U.S. 956 (2000). Claimant is advised to file with the district director a motion seeking action on her fee petition.

____________________________________

NANCY S. DOLDER, Chief

Administrative Appeals Judge

____________________________________

REGINA C. McGRANERY

Administrative Appeals Judge

____________________________________

JUDITH S. BOGGS

Administrative Appeals Judge



NOTE: This is a LHCA Unpublished Document


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