JCC Havers (Miami) (Andy Borah) (5-15-24) – Awarded partial attorney fees and costs. The E/C agreed at mediation to compensability of multiple body parts, but not the low back. The E/C stipulated to the claimant’s attorney’s fee entitlement for obtaining compensability of the body parts and medical treatment for such. The claimant’s attorney asserted additional fee entitlement for obtaining compensability of the low back and payment of TPD benefits. The claimant’s attorney retained a fee expert in support of his fee entitlement argument. Regarding fee entitlement, the JCC accepted the E/C’s argument that after the claim for compensability of the low back was dismissed without prejudice, the claimant could not argue waiver of the 120-Day Rule at the attorney fee hearing to try and establish entitlement to a fee on that issue. The JCC also accepted the E/C’s argument that there was no entitlement to attorney’s fees for TPD benefits, as those benefits were being timely and correctly paid when the PFB was filed. Therefore, the JCC denied the claimant’s attorney’s assertions of additional fee entitlement. The parties stipulated to an hourly rate of $325.00. The claimant’s attorney asserted 75 hours of time reasonably incurred in obtaining the benefits. The E/C asserted 12 hours. The JCC awarded 17.8 hours and a fee of $5,785.00. The JCC awarded costs of $3,832.50.00. Click here to view Order |