Shaw v. Broward Institute for Long Term Care / Gallager Bassett Services, Inc.
Scott B. Miller
JCC Walker (Panama City)(1-17-18) – Denied contested attorney fee. Former attorney sought fee entitlement based on two PFB’s, where the E/C failed to provide benefits in a timely manner. E/C argued that there was no fee entitlement, as the PFB’s were previously denied by an earlier order from the JCC (specifically, the retired JCC Roesch). The JCC granted the E/C’s Motion to Compel Verified Petition for Attorney’s Fees and Costs regarding the two PFB’s in question. Claimant did not file a Verified Petition for Attorney’s Fees and Costs, and Judge Roesch subsequently dismissed the claim for attorney’s fees and costs associated with both PFB’s. Claimant filed a Motion to Set Aside the dismissal, which was denied by JCC Roesch. There was no further record activity on the docket for almost one year. Since JCC Roesch previously ruled on the attorney fee issue as it related to February 7, 2014 (by dismissing it), JCC Walker found he had no appellate jurisdiction to overturn that decision. E/C filed a Motion for Failure to Prosecute on the July 16, 2015 PFB, Claimant said they had “no objection to the Motion to Dismiss.” The JCC again stated that they had no jurisdiction to re-open the previously closed matter.
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