Briefly Speaking – Attorney Fees Issue (8/7/19)
Grisel Hernandez Garcia v. Napa Auto Parts
JCC Jacobs: Miami District Order Date: July 11, 2019
OJCC Case: 17-022286 JCC Order: Click Here
Claimant’s Counsel: James Payer E/C’s Counsel: Kurt Wirsing
Hourly Fee Awarded: $335 per hour (based upon a statutory fee)
Summary: Claimant’s counsel had a valid Miles fee agreement with the claimant. The total washout settlement equaled $160,000. Based upon the Miles agreement, claimant’s counsel was to be awarded $48,000. Based upon the 50 hours spent throughout the course of the claim, the hourly fee equated to $960 per hour. The JCC found that this fee was unreasonably high. The JCC noted that the statutory fee of $16,750 equated to an hourly rate of $335 per hour. The JCC found this fee was reasonable, denied the requested Miles fee, and awarded the statutory fee of $16,750.
Rogelio Lazaro Villarnovo v. Litecrete Steel Fabricators
JCC Kerr: Miami District Order Date: July 1, 2019
OJCC Case: 15-021798 JCC Order: Click Here
Claimant’s Counsel: Ivette Labied E/C’s Counsel: Stephanie Robinson
Hourly Fee Awarded: $325 per hour
Summary: The Employer/Carrier had previously stipulated to attorney fee entitlement. Therefore, only the amount of the fee was contested. Claimant’s Counsel argued that 597.3 hours were spent and a rate of $400 per hour was reasonable. The JCC concluded that claimant’s counsel reasonably spent 349.9 hours in prosecution of the petitions for benefits. Based upon an hourly rate of $325 per hour, claimant’s counsel was awarded an attorney fee of $113,717.50.
Kurt Falk v. Harris Corporation
JCC Dietz: Melbourne District Order Date: July 2, 2019
OJCC Case: 13-028933 JCC Order: Click Here
Claimant’s Trial Counsel: Brigitta Hawkins E/C’s Counsel: James M. Hess
Claimant’s Appellate Counsel: William McCabe
Hourly Fee Awarded: $225 per hour and $325 per hour
Summary: The Employer/Carrier stipulated to the 30.4 hours alleged by Claimant’s appellate counsel during the appeal. The JCC also determined that Claimant’s trial counsel reasonably spent 5.9 hours on the appeal. Based upon hourly rate of $325 per hour for Mr. McCabe (appellate counsel) and $225 per hour for Mrs. Hawkins (trial counsel), the JCC awarded an attorney’s fee of $9,880 to Mr. McCabe and $1,327.50 to Mrs. Hawkins.
Orlando Maymi v. Contanda LLC
JCC Holley: Jacksonville District Order Date: July 11, 2019
OJCC Case: 17-026290 JCC Order: Click Here
Claimant’s Counsel: Michael J. O’Rourke E/C’s Counsel: Gina M. Jacobs
Hourly Fee Awarded: $300 per hour
Summary: The JCC found that 57.5 of the alleged 78.2 hours were reasonably spent in prosecution of the petitions for benefits. Based upon hourly rate of $300 per hour, claimant’s counsel was awarded attorneys fees in the amount of $17,250.
Ramon Aguiar v. American Airlines
JCC Almeyda: Miami District Order Date: July 12, 2019
OJCC Case: 12-027246 JCC Order: Click Here
Claimant’s Counsel: Toni Villaverde E/C’s Counsel: Derek C. James
Hourly Fee Awarded: $250 per hour
Summary: The JCC determined that while the Employer/Carrier filed their PFB response within 30 days stating that the Dr. Brown was authorized, the actual authorization letter was not sent until almost 60 days after the PFB was filed. Therefore, the JCC determined that claimant’s counsel was entitled to an Employer/Carrier paid fee. The JCC awarded only $825 pursuant to 3.3 hours spent at $250 per hour.
Mark Valle v. American Airlines
JCC Kerr: Miami District Order Date: July 22, 2019
OJCC Case: 12-025003 JCC Order: Click Here
Claimant’s Counsel: Toni Villaverde E/C’s Counsel: Michael Wilson
Hourly Fee Awarded: None
Summary: Claimant filed a Petition for Benefits seeking, amongst other things, authorization and payment of a Health Club Membership and attached a copy of a prescription from the authorized treating physician. Within 30 days, the Carrier responded to the petition stating they agreed to reimburse or advance the cost of the gym membership and instructed Claimant to provide documentation of the cost of an individual membership. E/C would then pay Claimant either as a reimbursement or an advance on the annual membership. The Judge found this was analogous to the Carrier providing the option to reimburse mileage or provide transportation. The Judge determined no fee was owed.
Jorge D. Castillo v. Plaza of the Americas Club Inc.
JCC Medina-Shore: Miami District Order Date: July 26, 2019
OJCC Case: 17-022792 JCC Order: Click Here
Claimant’s Counsel: Martha D. Fornaris E/C’s Counsel: Janetlee Garcia
Hourly Fee Awarded: $350 per hour
Summary: The JCC determined that 145 of the 158.2 hours alleged by Claimant’s Counsel were reasonably expended in prosecution of the claims. Based on an hourly rate of $350 per hour, Claimant’s Counsel was awarded an Employer/Carrier fee of $50,750.