Hill v. Indian River State College / Davies Claims North America

JCC Hedler (West Palm Beach) (Derrick Cox) (10-15-2025)- Denied attorney’s fees and costs for surgery.

On February 26, the claimant filed a PFB for hand surgery, as well as attorney’s fees and costs. On March 12, E/SA timely responded that the surgery was authorized, and it also faxed an authorization form to the authorized provider. The E/SA denied costs. The E/SA deposed the claimant on April 3, and the claimant testified the surgery had not been scheduled yet. On April 9, the E/SA re-sent an authorization form, and the surgery eventually took place on April 30. The claimant argued that the E/SA had failed its obligation to both authorize and provide the surgery by timely scheduling. The E/SA agreed as to costs and fees for the costs but contested as to fees for the surgery. The JCC found that the E/SA had timely provided the surgery by authorizing the surgery in its response to the PFB and by sending authorization forms twice. Further, the JCC took issue with the claimant’s argument that the entire responsibility was on E/SA to set up the surgery, as there was no evidence that the claimant or his counsel had done “anything to successfully prosecute the benefits.” Thus, the JCC denied fees as to the surgery. However, as both parties had stipulated as to entitlement and amount of costs (but the claimant had not provided evidence or argued for an amount in fees for such costs), the JCC awarded a guideline attorney’s fee of $8.77 for obtaining costs.   Click here to view Order