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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.