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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.