Munoz v. MH 2 G, Concepts & Designs Studio, Inc. DBA Modern Homes To go / Amtrust

Andrew R. Borah

JCC Hogan (Ft. Lauderdale) (6-8-18) – Denied Claimant’s Verified Petition for Attorney’s Fees and Costs. Claimant’s attorney filed a Verified Petition for Fees and Costs arguing that TPD benefits had been secured, which created entitlement to an E/C paid fee. When the adjuster responded to the PFB seeking TPD, the claimant had yet to be placed out of work. The claimant was placed out of work on the day following the filing of the Response to the PFB and TPD benefits were timely initiated after the waiting period expired. The claimant’s attorney rebutted by testifying that she was not seeking a fee for obtaining indemnity benefits but was seeking a fee for securing E/C paid costs. The JCC found that the indemnity benefits were not ripe, due, and owing at the time that the Response to the PFB was filed and the costs asserted by claimant’s counsel were not taxable costs pursuant to the Statewide Uniform Guidelines.
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