Manuel Sainz v. ESI Group

JCC Massey: Tampa District                              Order Date: October 1, 2018

OJCC Case:  15-007666                                      JCC Order: Click Here

Claimant’s Counsel: Ivan D. Voronec                 E/C’s Counsel: David K. Beach

Hourly Fee Awarded: $914.10 (via Stat-fee)

Summary:  Claimant’s Counsel was successful in securing TPD and PTD benefits at a final hearing. Claimant’s Counsel sought a statutory fee of $59,416.36 based on the alleged $549,192.77 present value of future PTD benefits. Claimant’s Counsel asserted at the hearing that he spent 65 hours litigating and trying the prior PTD final hearing. The resulting hourly fee equaled $914.10. The Employer/Carrier disputed the use of a 2.86% discount rate and argued that a rate of 6% is the industry standard. The guideline fee using a 6% discount rate would have been $46,785.79. The claimant presented the deposition testimony of an expert economist who testified that 2.86% was the appropriate amount. The Employer/Carrier did not present any expert testimony. The judge ultimately agreed with the claimant’s calculations as to the present value of future PTD benefits and awarded the statutory fee of $59,416.36.

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Jose Luis Musmeci v. Caceres Interior Partitions, Inc.

JCC Havers: Miami District                                Order Date: October 4, 2018

OJCC Case: 17-029116                                    JCC Order: Click Here

Claimant’s Counsel: Judith Lillie Gersten & Ramon Irizarri

E/C’s Counsel: Stephanie A. Robinson & Rachel Lauren Smith

Hourly Fee Awarded: $275

Summary: Both of the claimant’s two attorneys filed separate verified motions for attorney’s fees and costs. The judge heard both of the motions simultaneously.  The judge determined that the two attorneys spent a combined 69.27 hours in procuring benefits. The judge determined that a rate of $275 was fair for both attorneys. Therefore a total of $19,049.25 was awarded in attorney’s fees.

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Nicole Catapano v. Meli Orthopedic Centers of Excellence

JCC Lewis: Fort Lauderdale District                    Order Date:  October 9, 2018

OJCC Case: 18-021936                                     JCC Order: Click Here

Claimant’s Counsel: Eric L. Berger                    E/C’s Counsel: Stephanie A. Robinson

Hourly Fee Awarded: $300

Summary: The judge determined that claimant’s counsel reasonably spent 4.8 hours in procuring benefits. The judge also determined that an hourly rate of $300 is reasonable based on the facts of the case. Therefore, a total attorney’s fee of $1,440 was awarded.

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Patricia Phillips v. Leon County Public Works

JCC Newman: Tallahassee District                    Order Date: October 15, 2018

OJCC Case: 14-028030                                     JCC Order: Click Here

Claimant’s Counsel: Randall T. Porcher & William Kempner

E/C’s Counsel: Mary Cruickshank

Hourly Fee Awarded: $250

Summary: The judge determined that a total of 82.6 hours was reasonably incurred by the two attorneys in the prosecution of the case. The judge also determined that a rate of $250 per hour was reasonable for both attorneys. $19,000 was awarded to Attorney Kempner and $1,650 was awarded to Attorney Porcher.