| JCC Newman (Tallahassee) (Matt Bennett) (5-17-24) – The claimant’s attorney filed claims for authorization of a psychiatrist and TPD from the date of accident to the present and continuing. The psychiatrist was authorized about 40 days after the PFB and the E/C conceded fee entitlement. The E/C also conceded to pay $600.00 in TPD to resolve a few late payments and two weeks of disputed payments prior to the choosing to no longer work the available light duty. The rest of the TPD claim proceeded to Final Hearing where the JCC found in favor of the E/C’s Voluntary Limitation of Income defense. The claimant’s attorney asserted 144.3 hours were reasonably expended, and that $250.00 per hour was a reasonable rate. The E/C objected to the hours but stipulated to the hourly rate. The E/C asserted 39.2 hours were reasonable and related to the benefits obtained. The E/C also asserted that it prevailed on the largest aspect of the claim, having prevailed at Final Hearing. The JCC found 44.2 hours were “reasonably and necessarily expended” to obtain the subject benefits and awarded a fee of $11,050.00. The JCC awarded $1,194.80 of the claimed $5,916.61 in taxable costs. Click here to view Order |