Briefly Speaking – FL Case Law Summaries (7/6/17)
By: Ryan M. Knight – Miami
Contributor: Tara Said – Pensacola
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June 2017 Attorney Fees & Costs Orders
Robert Willoughby v. Madison Correctional Institute
JCC Lazzara: Tallahassee District Order Date: June 2, 2017
OJCC Case: 16-023787 JCC Order: Click Here
Claimant’s Counsel: Erika Brenneman E/C Counsel: Thomas Criss
Hourly Fee Awarded: $250/hour
Summary: Claimant’s Counsel petitioned for a $4,000 E/C paid fee in addition to the $4,500 statutory fee. The JCC found that that only six hours were reasonably expended in obtaining the past benefits valued at $63.28. Claimant’s Counsel was awarded only $1,500 of the $4,000 requested fee based on an hourly rate of $250 per hour.
Willie Worlds v. Progressive Employer Management
JCC Almeyda: Miami District Order Date: June 7, 2017
OJCC Case: 15-025523 JCC Order: Click Here
Claimant’s Counsel: Kevin Gallagher E/C Counsel: Andrew Borah
Hourly Fee Awarded: $250/hour
Summary: Claimant’s Counsel was successful in obtaining $594 in benefits. Claimant’s Counsel alleged 91.8 hours were expended in obtaining these benefits with a corresponding range of $325-$375. Counsel for the Employer/Carrier argued that only 33 hours were spent in procuring the obtained benefits. The Employer/Carrier also maintained that a rate of $300 per hour was more reasonable. The JCC determined that because many of the hours were not related to the procured benefits, the hours should be reduced to 67.5. The JCC also determined that due to simplicity of the case and the small value of benefits procured, a rate of $250 per hour was more reasonable. Claimant’s Counsel was awarded $16,875. Claimant’s motion for rehearing was denied.
Kenneth Ray Boyd v. Dixie Mac dba McDonalds
JCC Rosen: St. Petersburg District Order Date: June 7, 2017
OJCC Case: 16-022165 JCC Order: Click Here
Claimant’s Counsel: Dana Greenbaum E/C Counsel: Gregory Brooks
Hourly Fee Awarded: $250/hour
Summary: Counsel for the Employer/Carrier failed to timely respond to Claimant’s Verified Fee Petition. As such, the JCC awarded the $6,125 requested by Claimant’s Counsel based on 24.5 hours at $250 per hour.
Jose Cereijo v. City of Miami
JCC Almeyda: Miami District Order Date: June 8, 2017
OJCC Case: 95-008776 JCC Order: Click Here
Claimant’s Counsel: Mark Touby & Richard Sicking E/C Counsel: Richard Otruba
Hourly Fee Awarded: Stat fee only
Summary: Claimant’s Counsel filed a Verified Fee Petition requesting an upward departure from the statutory fee schedule based on the complexity of the case. The total amount of benefits obtained were $541,796. The JCC concluded that the statutory fee guideline of $54,929 resulted in a reasonable hourly rate. The JCC did not state how many hours were expended during litigation but nevertheless denied the request for an upward departure from the statutory guideline fee.
Robin Shultz v Target Corporation
JCC Hogan: Ft. Lauderdale District Order Date: June 9, 2017
OJCC Case: 12-026886 JCC Order: Click Here
Claimant’s Counsel: Mark Touby E/C Counsel: David Gold
Hourly Fee Awarded: $350/hour
Summary: Claimant’s Counsel was successful in obtaining benefits valued at $1,500. The JCC found that Claimant’s Counsel reasonably expended 153.7 hours during the course of litigation. The JCC ordered the Employer/Carrier to pay Claimant’s Counsel $53,795 based on an hourly rate of $350 per hour.
Michael Dzielak v. Lee Squared, Inc.
JCC Weiss: Ft. Myers District Order Date: June 9, 2017
OJCC Case: 15-014341 JCC Order: Click Here
Claimant’s Counsel: Victor Arias E/C Counsel: David Hamilton Roos
Hourly Fee Awarded: Stat fee only
Summary: Claimant’s Counsel requested an attorney fee of $35,525 based on 109.3 hours at $325 per hour. The Employer/Carrier argued that of those hours, only 11.16 were spent in procuring the relevant benefits. The JCC agreed with the Employer/Carrier and ruled that only 11.16 hours were reasonable. This amount would have resulted in a downward departure so Claimant’s Counsel was awarded a statutory fee of $2,847.31.
Juan Miranda v. Pinnacle Engineering & Development and Builders Insurance
JCC Almeyda: Miami District Order Date: June 15, 2017
OJCC Case: 16-002236 JCC Order: Click Here
Claimant’s Counsel: Robert Rivera E/C Counsel: Allison Harnett
Hourly Fee Awarded: $100/hour
Summary: Claimant’s Counsel sought a fee of $15,090 based on 50.3 hours expended at $300 per hour. The Claimant, however, failed to present any competent substantial evidence that any benefits had actually been provided. Claimant apparently had no interest in any of the petitioned benefits as he failed to appear for a deposition and did not seek medical treatment authorized. The JCC determined that the statutory fee based on the $0.00 of benefits was $0.00. As a fee of $0.00 is unreasonable, the JCC awarded a fee of $3,590 based on 35.9 hours at $100 per hour. Claimant’s motion for rehearing was denied.
Cathleen Casper Fernandez v. Tarpon Helpers
JCC Rosen: St. Petersburg District Order Date: June 15, 2017
OJCC Case: 16-030800 JCC Order: Click Here
Claimant’s Counsel: William Heller E/C Counsel: Anne Dinan
Hourly Fee Awarded: $250/hour
Summary: The JCC determined that Claimant’s Counsel reasonably spent 103 hours obtaining TPD benefits valued at $8,400. The JCC therefore awarded a fee of $25,750 based on an hourly rate of $250 per hour.
Darrin Gatlin v. Sherwood Food Distributors
JCC Weiss: Ft. Myers District Order Date: June 27, 2017
OJCC Case: 14-000479 JCC Order: Click Here
Claimant’s Counsel: Cory Schnepper & Clifford Moskowitz E/C Counsel: Robert Rodriguez
Hourly Fee Awarded: $250/hour
Summary: Claimant’s Counsel filed a Verified Fee Petition alleging 85.81 hours were expended and a reasonable rate of $450 per hour. The Employer/Carrier argued that only 37.46 hours were expended in regards to the relevant benefits. Of those hours, only 11.37 hours were spent by the lead attorney. The JCC concluded that 44.6 hours were reasonably spent and a rate of $250 per hour was reasonable. The Employer/Carrier was therefore ordered to pay Claimant’s Counsel $11,150.
Elmo Zorrilla v. Harbor America
JCC Kerr: Miami District Order Date: June 29, 2017
OJCC Case: 16-015112 JCC Order: Click Here
Claimant’s Counsel: Robert Feldman E/C Counsel: Stephanie Robinson
Hourly Fee Awarded: $350/hour
Summary: The JCC determined that Claimant’s Counsel reasonably expended 25 hours during the course of litigation. It was also determined that a rate of $350 was reasonable based on the Lee Engineering factors. Claimant’s Counsel was therefore awarded $8,750.