Forte v. Maid Pro and MaidPro of South Miami / Wesco Insurance Company / Amtrust

JCC Jacobs (Miami) (Kate Albin)(1-28-21) – Denied fees and “fees on costs.”  The E/C responded to the claimant’s PFB within 30 days accepting compensability and authorizing a provider, among other benefits. The claimant’s former counsel claimed he was entitled to a fee because the appointment with the provider was scheduled for a date after the 30 days of filing the petition. JCC found that E/C timely communicated to the claimant and his counsel of the authorization for the treating physician and, therefore, the claimant’s counsel was not entitled to fees in obtaining this benefit. In addition, the JCC ruled that the claimant’s counsel should not get paid fees on costs where E/C already agreed to pay them. This is because the E/C stipulated to reimburse the claimant for reasonable costs for filing the petition. The JCC did award claimant’s formal counsel reimbursement of $6.80 in costs from the Employer/Carrier.     Click here to view Order