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Briefly Speaking – FL Case Law Summaries (8/14/17)

By:                    Ryan M. Knight – Miami

Contributor:   Tara Said – Pensacola

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July 2017 Attorney Fees & Costs Orders

Rodobaldo Rodriguez v. City of Hialeah

JCC Kerr: Miami District                          Order Date: July 10, 2017

OJCC Case: 14-029262                              JCC Order: Click Here

Claimant’s Counsel: Stephanie Roy      E/C’s Counsel: Eduardo Neret

Hourly Fee Awarded: $275/hour

Summary: Both parties agreed that Claimant’s Counsel reasonably spent 53.8 hours of attorney time and 7 hours of paralegal time during the course of litigation. Counsel for the Employer/Carrier, however, contended that $250/hour was more reasonable than the $350/hour rate Claimant’s Counsel requested. Judge Kerr determined the issues in this case were not novel or overly difficult and ultimately found that $275 was a reasonable rate. Claimant’s Counsel was awarded a total of $15,355 for attorney fees.


Rodobaldo Rodriguez v. City of Hialeah

JCC Kerr: Miami District                          Order Date: July 10, 2017

OJCC Case: 15-018596                              JCC Order: Click Here

Claimant’s Counsel: Stephanie Roy      E/C’s Counsel: Eduardo Neret

Hourly Fee Awarded: $275/hour

Summary: In the Claimant’s second date of accident, the parties also agreed that 27.5 hours of attorney time and 2.7 hours of paralegal time were spent during the litigation. Again, Judge Kerr determined that $275/hour was the most reasonable attorney fee rate. Claimant’s Counsel was therefore awarded $7,778.50 in attorney fees.


Patricia Koohs v. SRQ County School Board

JCC Beck: Sarasota District                       Order Date: July 14, 2017

OJCC Case: 14-005323                              JCC Order: Click Here

Claimant’s Counsel: Michael Cantrell    E/C’s Counsel: Ben Cristal

Hourly Fee Awarded: $225/hour

Summary: Claimant’s Counsel contended that 159.3 attorney hours and 24.3 paralegal hours were expended during the course of litigation. The Employer/Carrier’s Counsel responded that many of those hours were entered after a stipulation was agreed upon and that numerous hours were unrelated to the procurement of benefits. The JCC accepted portions of arguments from both parties and determined that 135.7 attorney hours and 31 paralegal hours were reasonably expended during litigation. Claimant’s Counsel was awarded $32,857.50 based on a rate of $225 and $75 per hour respectively.


Denise McDurfee v. JoAnn Fabrics

JCC Beck: Sarasota District                     Order Date: July 17, 2017

OJCC Case: 15-008722                              JCC Order: Click Here

Claimant’s Counsel: Ivan Voronec         E/C’s Counsel: Tiffany Hawks

Hourly Fee Awarded: $250/hour

Summary: Claimant’s Counsel alleged that 49.6 hours were expended during the course of litigation in this case. Even though Counsel for the Employer/Carrier dedicated 48.4 hours to the case, the attorney purported that only 25.7 hours were reasonably expended by Claimant’s Counsel. Judge Beck ruled that the issues in the case, namely compensability and medical authorization, were not novel and did not require any specific expertise. Judge Beck determined that 43 hours were reasonably incurred by Claimant’s Counsel in procuring the requested benefits. Claimant’s Counsel was awarded $10,750 based on an hourly rate of $250 per hour.


Annabella Pinera v. Target

JCC Hill: Gainesville District                   Order Date: July 24, 2017

OJCC Case: 13-006234                            JCC Order: Click Here

Claimant’s Counsel: Martha Fornaris & Grethel San Miguel        

E/C’s Counsel: David Gold

Hourly Fee Awarded: $300/hour

Summary: Claimant’s Counsel alleged that she expended 326.50 hours during the course of litigation. This was a heavily contested claim during which Claimant’s Counsel filed 16 separate PFBs and won an appeal based on the Florida Supreme Court’s decision in Westphal. Judge Hill deemed the hours reasonable and awarded an attorney fee of $97,950 based on an hourly rate of $300 per hour. The hourly rate was primarily due to the complexity and protracted nature of the case.


Donald Hilgart v. CFS Roofing Services

JCC Weiss: Ft. Myers District                                 Order Date: July 27, 2017

OJCC Case: 16-008445                                            JCC Order: Click Here

Claimant’s Counsel: Grethel San Miguel            E/C’s Counsel: David Hamilton Roos

Hourly Fee Awarded: $300/hour

Summary: The Employer/Carrier stipulated to attorney fee entitlement on two separate PFBs. Claimant’s Counsel purported that 100.1 hours were expended during the litigation. E/C’s Counsel responded that only 49.8 of those hours were actually expended in obtaining benefits. Judge Weiss determined that 80.4 hours were reasonably spent in procuring those benefits. E/C’s Counsel also argued that the $300-350 per hour range requested by Claimant’s Counsel was unreasonable outside of Miami. Claimant’s Counsel responded that she and Martha Fornaris have received $350.00 per hour from Judge Sturgis in the Fort Myers District and $300.00 per hour from Judge Owens in the Port St. Lucie District. Within the Miami District they have received rates of $300.00 per hour, $325.00 per hour, and $350.00 per hour. Judge Weiss therefore awarded $24,120 based on an hourly fee of $300 per hour.