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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.