Briefly Speaking – Attorney Fee Issue (1/14/19)
Brian Phillips v. J.H. Williams Oil
JCC Beck: Sarasota District Order Date: December 4, 2018
OJCC Case: 15-006114 JCC Order: Click Here
Claimant’s Counsel: Rosemary B. Eure E/C’s Counsel: Mitchell R. Golden
Hourly Fee Awarded: $250 per hour
Summary: Employer/Carrier contended no attorney’s fees were due because all benefits were provided within 30 days of the petition for benefits. Claimant petitioned for PTD benefits and Employer/Carrier accepted the Claimant as PTD within 30 days of the PFB. However, the Employer/Carrier failed to timely initiate PTD benefits after acceptance due to an oversight on the part of the Carrier. The Judge ruled that fees were due regardless of whether the delay in payment of PTD benefits was intentional or not. The judge determined that Claimant’s Counsel was entitled to $68,763.03 based on 97.1 hours at a rate of $250 per hour.
Matha Panizza v. AN Renovations
JCC Pitts: Orlando District Order Date: December 7, 2018
OJCC Case: 17-022167 JCC Order: Click Here
Claimant’s Counsel: Brian Dowling E/C’s Counsel: Sean Crosby
Hourly Fee Awarded: $275 per hour
Summary: Claimant’s counsel alleged he spent 51.1 hours in preparation of litigation along with 40.8 hours of paralegal time. Claimant’s counsel opined that a reasonable hourly rate would range from $300.00 to $325.00 for his attorney time and $80.00 to $100.00 an hour for paralegal time. The Judge ultimately determined that an hourly rate of $275 for attorney time and $80 for paralegal time was appropriate. The Judge determined that 41.0 hours of attorney time and 29.2 hours a paralegal time were reasonably spent in prosecution of the claim. Therefore a total of $13,611 was awarded the claimant’s counsel.
Ronald Shomaker v. Polk County Board of County Commissioners
JCC Pitts: Orlando District Order Date: December 13, 2018
OJCC Case: 15-001939 JCC Order: Click Here
Claimant’s Counsel: Bradley G. Smith E/C’s Counsel: Bruno DeZayas
Hourly Fee Awarded: $275 per hour
Summary: Claimant’s counsel alleged in his verified fee petition that he spent 400.72 hours in preparation of prosecution of the claim. He opined that an hourly rate between $275 and $300 per hour was appropriate based on the nature of the claim. The Employer/Carrier objected to the vast majority of these hours and alleged that only 78.4 hours were related to the prosecution of this claim. The Judge ultimately drastically reduced claimant alleged hours and ruled that only 133.0 of the hours were reasonably related to the securing of any benefits. Based on a rate of $275 per hour, claimant’s counsel was awarded $36,575.
Alberto Valdes v. University of Miami Department of Risk Management
JCC Almeyda: Miami District Order Date: December 18, 2018
OJCC Case: 17-018655 JCC Order: Click Here
Claimant’s Counsel: Jeff E. Rubin E/C’s Counsel: Eduardo R. Neret
Hourly Fee Awarded: $375 per hour
Summary: Claimant’s counsel alleged that he spent 236.4 hours during the course of the claim and that an appropriate hourly rate based on the locality was between $350 and $400 per hour. The Judge found that 217.3 hours were reasonably spent during the course of litigation and that an hourly rate of $375 was appropriate. Therefore, claimant’s counsel was awarded an attorney’s fee of $81,487.50.
Palmer Gene Smith v. White Springs Agricultural Chemicals, Inc.
JCC Newman: Tallahassee District Order Date: December 21, 2018
OJCC Case: 17-020144 JCC Order: Click Here
Claimant’s Counsel: Mark Tipton E/C’s Counsel: James McConnaughhy
Hourly Fee Awarded: $250 per hour
Summary: Both entitlement to attorneys fees and quantum were at issue at this final evidentiary hearing. Judge Newman ultimately determined that claimant’s counsel was entitled to an Employer/Carrier paid fee based on 2 of the 3 petitions filed on the claim. Judge Newman concluded that a total of 48.6 hours of attorney time was spent on the claim as well as 8.6 hours a paralegal time. Claimant’s Counsel was awarded a total of $12,881 based on an attorney rate of $250 per hour and a paralegal rate of $85 per hour.
Roy Alywn Letang v. Dunn Rite Concrete
JCC Sojourner: Lakeland District Order Date: December 28, 2018
OJCC Case: 16-019088 JCC Order: Click Here
Claimant’s Counsel: Bradley G. Smith E/C’s Counsel: William H. Rogner
Hourly Fee Awarded: $275 per hour
Summary: The parties agreed and stipulated that an hourly rate of $275 per hour was appropriate based on the nature of this case. The Judge concluded that 55.45 hours of the alleged time was reasonably required to prosecute this claim. Claimant’s counsel was, therefore, awarded an attorney’s fee of $15,248.75.