Briefly Speaking – Attorney’s Fee Issue (7/12/19)
Debra Green v. BJs Wholesale
JCC Ring: Fort Lauderdale District Order Date: June 14, 2019
OJCC Case: 18-021952 JCC Order: Click Here
Claimant’s Counsel: Bram Gechtman E/C’s Counsel: Angel Garcia
Hourly Fee Awarded: $250 per hour
Summary: Claimant’s Counsel was successful in obtaining an upward adjustment in the Claimant’s average weekly wage. The JCC determined that Claimant’s Counsel was entitled to an Employer/Carrier paid fee. The Employer/Carrier contended the appropriate hourly rate was $225 to $250 per hour while Claimant’s Counsel argued $350 to $450 per hour was more reasonable. The JCC determined $250 was appropriate and awarded Claimant’s Counsel $14,525 based on 58.1 hours of time.
Vanessa Roman v. GAB Robins
JCC Medina-Shore: Miami District Order Date: June 19, 2019
OJCC Case: 09-001213 JCC Order: Click Here
Claimant’s Counsel: Toni Villaverde E/C’s Counsel: Jennifer Armstrong
Hourly Fee Awarded: $350 per hour
Summary: The JCC determined that Claimant’s Counsel was entitled to an Employer/Carrier paid fee for securing some but not all of the alleged benefits. the JCC determined 56.8 hours out of the 103.1 total hours were related to the obtained benefits. Claimant’s Counsel was awarded a total fee of $26,180 based on a $350 hourly rate for the partner and $250 rate for the associate.
David Collins v. Mosaic Fertilizer, LLC
JCC Anderson: Daytona Beach District Order Date: June 26, 2019
OJCC Case: 10-014840 JCC Order: Click Here
Claimant’s Counsel: Bradley Smith E/C’s Counsel: Thomas Vecchio
Hourly Fee Awarded: $300 per hour
Summary: Claimant’s former attorney asserted fees and costs were due from the Employer/Carrier for obtaining past benefits. Claimant’s Counsel alleged 104.9 hours were reasonably spent obtaining these benefits while the Employer/Carrier contended only 25.3 hours were related. The JCC determined 74.2 hours were spent obtaining these benefits. Based on an hourly rate of $300 per hour, Claimant’s Counsel was awarded $22,260.