Johnson v. West Broward Care Center / B & W Care, LLC

Andrew R. Borah

JCC Lewis (Fort Lauderdale)(6-5-2018) – Fee Amount Hearing – Claimant filed a Verified Petition for Fees, but did not include fees associated with securing compensability for Claimant’s right shoulder. Claimant sought to amend the Verified Petition at the hearing to include these attorney’s fees. E/C objected, arguing that allowing the fees to be added at the hearing would be unfair prejudice. The JCC sustained that objection. Additionally, Claimant sought fees for obtaining a one-time change physician on 11/2/17, though Claimant was not able to secure an appointment until 1/18/18. Claimant argued that the fees continued to accrue from 11/2/17 through 1/18/18. E/C argued that Claimant had the name of the physician that had been authorized, and that was sufficient to meet the requirement established in Jennings, the JCC agreed. The JCC found that Claimant’s Attorney spent 19.7 hours securing the benefits obtained on 11/2/17. Claimant argued that $325 was the appropriate hourly rate, E/C suggested $300. The JCC adopted $300, at E/C’s suggestion. The JCC ultimately awarded $5,190 in fees, and $34.25 in taxable costs.
View JCC Merits Order