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Briefly Speaking – FL Attorney’s Fees Updates (7/5/18)

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Carol Prokap v. PRP Wine International

JCC Weiss: Ft. Myers District                            Order Date: June 1, 2018

OJCC Case: 13-029487                                      JCC Order: Click Here

Claimant’s Counsel: Brian Sutter                      E/C’s Counsel: Thaddeus Harrell

Hourly Fee Awarded: $300 per hour

Summary: The Judge concluded that 70.45 hours were reasonably incurred in procuring the various benefits. Claimant’s Counsel was awarded $21,135.00 based on an hourly rate of $300 per hour.


Alice Johnson v. West Broward Care Center

JCC Lewis: Fort Lauderdale District                    Order Date: June 5, 2018

OJCC Case: 17-021606                                         JCC Order: Click Here

Claimant’s Counsel: Kevin Gallagher                 E/C’s Counsel: Andrew Borah

Hourly Fee Awarded: $300 per hour

Summary: Claimant’s Counsel was due an Employer/Carrier paid fee for procuring a one-time change in physician. The Employer/Carrier argued that only the time spent leading up to the Employer/Carrier’s naming of the physician should be included. Claimant’s Counsel contended that all hours expended up until the Claimant actually attended the appointment should be included. The JCC ruled in favor of the Employer/Carrier. Claimant’s Counsel was awarded $5,910 based on 19.7 hours at $300 per hour. 


Jean Pierre Louis v. Waste Management Inc.

JCC Stephenson: West Palm Beach District      Order Date: June 5, 2018

OJCC Case: 16-001479                                           JCC Order: Click Here

Claimant’s Counsel: Michael H. Stauder            E/C’s Counsel: Christopher C. Riggio

Hourly Fee Awarded: $275 per hour

Summary: Prior to the hearing, the parties stipulated to an hourly rate of $275 per hour and the fact that Claimant’s Counsel had procured $3,000 worth of benefits. The Judge ruled that 145.8 hours were reasonably included and awarded Claimant’s Counsel $40,095 in attorney’s fees. 


Gregory Endy v. Big Red Tomato Packers

JCC Owens: Port St. Lucie District                     Order Date: June 11, 2018

OJCC Case: 17-013276                                         JCC Order: Click Here

Claimant’s Counsel: Adam Werner                    E/C’s Counsel: Gregory White

Hourly Fee Awarded: $275 per hour

Summary: The Employer/Carrier’s argument focused primarily on the fact that Claimant had not prevailed on all issues at Final Hearing and, therefore, only half of Claimant’s Counsel’s hours should be included in the fee calculation. The JCC was unpersuaded by this argument. Claimant’s Counsel was awarded $23,155 in attorney’s fees based on 84.2 hours at $275 per hour.


Louis F. Jernigan v. Express Employment Professionals

JCC Winn: Pensacola District                            Order Date: June 13, 2018

OJCC Case: 17-021187                                        JCC Order: Click Here

Claimant’s Counsel: Eric Sventek                     E/C’s Counsel: Teresa Cummings

Hourly Fee Awarded: $250 per hour

Summary: Claimant’s Counsel filed a verified fee petition based on procuring back due indemnity benefits. The Employer/Carrier’s response was not verified so the JCC was forced to accept all of the hours alleged by Claimant’s Counsel. Claimant’s Counsel was awarded $8,087.50 based on 31 hours of attorney time at $250 per hour and 4.5 hours of paralegal time at $75 per hour. 


Jorge Coria v. GC Construction

JCC Jacobs: Miami District                                Order Date: June 18, 2018

OJCC Case: 18-001055                                      JCC Order: Click Here

Claimant’s Counsel: Steven Miller                     E/C’s Counsel: Suzette Cozzi

Hourly Fee Awarded: Miles Fee

Summary: Claimant’s Counsel entered into a valid Miles contract with the Claimant and was ultimately able to procure a settlement of $600,000. Claimant’s Counsel expended 85 hours during the case (which equates to an hourly rate of $1,764 per hour). The Judge focused primarily on the fact that Claimant’s Counsel was able to overcome a potential misrepresentation defense in determining that the fee was reasonable. Claimant’s Counsel was awarded a 25% fee equaling $150,000. 


Reinaldo Temitol v. Barnett Management

JCC Johnson: West Palm Beach District            Order Date: June 28, 2018

OJCC Case: 17-020509                                       JCC Order: Click Here

Claimant’s Counsel: Jose G. Rodriguez          E/C’s Counsel: Daniel Stoller

Hourly Fee Awarded: $350 per hour

Summary: The parties had previously stipulated to fee entitlement. Claimant’s Counsel was able to secure $7,053.94 in benefits. Claimant’s Counsel sought a fee of $10,116 based on 25.29 hours at a rate of $400 per hour. The JCC concluded that 24.40 hours were reasonably expended and awarded $8,540 based on a rate of $350 per hour.