Briefly Speaking – FL Case Law Updates: Attorney Fee Issue (7/7/20)
ATTORNEY FEE ISSUE
Carlton Dawson v. Dynamic Precision Group
JCC Johnson: West Palm Beach Order Date: June 12, 2020
OJCC Case: 19-005502 JCC Order: Click Here
Claimant’s Counsel: Michelle McGhee E/C’s Counsel: Mike Kiner
Hourly Fee Awarded: None
Summary: Claimant’s Counsel argued fee entitlement had been obtained because an appointment was not scheduled until 3 and a half months after the PFB response was filed. The JCC denied entitlement to fees and costs because the adjuster testified she immediately contacted a pulmonologist and scheduled the first available appointment. The fact that the pulmonologist did not have an appointment available sooner did not entitle Claimant’s Counsel to fees and costs.
Jean Huffman v. Martin County School District
JCC Owens: Port St. Lucie Order Date: June 12, 2020
OJCC Case: 18-023457 JCC Order: Click Here
Claimant’s Counsel: Sandra McAuley E/C’s Counsel: Christian Petric
Hourly Fee Awarded: $250/hour
Summary: Entitlement to fees and costs was not at issue. Claimant’s Counsel alleged she was entitled to $93,975 in fees based on 268.5 hours at $350 per hour. The employer/carrier asserted that the appropriate attorney’s fee in this matter is $6,940.00 (34.7 hours x $200.00 per hour). The judge did not go into every entry in detail but did point out that some of the allegations made by Claimant’s Counsel were not reasonable—including spending 1.5 hours preparing a one sentence stipulation. Ultimately, the JCC ruled that 99.4 hours were reasonable and awarded an hourly rate was $250. Claimant’s Counsel was awarded fees in the amount of $24,850.00.
Misty Reeves v. Geo Care
JCC Havers: Miami District Order Date: June 15, 2020
OJCC Case: 09-013983 JCC Order: Click Here
Claimant’s Counsel: Bradley Asnis E/C’s Counsel: Robert Rodriguez
Hourly Fee Awarded: $350/hour
Summary: The Employer/Carrier had previously stipulated to entitlement to fees and costs for procuring a one-time change in physician. Claimant’s Counsel sought $14,297.50 based on an hourly rate $350/hr. The Employer/Carrier argued the fee should be limited to the statutory $150/hr for a medical only claim. The JCC ruled in favor of Claimant’s Counsel and concluded 28.7 hours at $350/hour were reasonable. Claimant’s Counsel was awarded $10,045.00 in fees.
Marc Aty Oltin v. Pepperjack Staffing, Inc.
JCC Lewis: Fort Lauderdale Order Date: June 16, 2020
OJCC Case: 19-010568 JCC Order: Click Here
Claimant’s Counsel: Kevin Gallagher E/C’s Counsel: Marissa Hoffman
Hourly Fee Awarded: $300/hour
Summary: Claimant’s Counsel procured $6.14 in mileage reimbursement. That was the only benefit in which fees and costs were owed. Claimant’s Counsel alleged 22.3 hours were expended to obtain this benefit. The JCC ultimately determined that 15.9 hours were related to this mileage reimbursement. Based on an hourly rate of $300 per hour, Claimant’s Counsel was awarded $4,770.00 in fees.
Lorie Mitchell v. Joann Fabrics
JCC Weiss: Ft. Myers Order Date: June 18, 2020
OJCC Case: 19-006999 JCC Order: Click Here
Claimant’s Counsel: Jospeh Odato E/C’s Counsel: Tiffany Hawks
Hourly Fee Awarded: $250 per hour
Summary: Claimant’s Counsel was successful in obtaining various benefits at Final Hearing. Therefore, fee entitlement was not at issue. The JCC concluded that 43.6 of the alleged 57.35 hours were reasonably spent in preparation of final hearing. Based on an hourly rate of $250 per hour, Claimant’s Counsel was awarded $10,900.00.
Nicole Payne v. Allstaff Inc.
JCC Rosen: St. Petersburg Order Date: June 25, 2020
OJCC Case: 17-006966 JCC Order: Click Here
Claimant’s Counsel: Kevin Gallagher E/C’s Counsel: Deborah Eldridge
Hourly Fee Awarded: $300/hour
Summary: Court awarded costs in the amount of $6.56 were not timely paid. Claimant’s Counsel sought an Employer/Carrier paid fee based on this issue. The JCC agreed fees were due but limited them based upon F.S. 440.34(7) applied. Therefore, the JCC awarded Claimant’s Counsel the maximum amount of $1,500.00.