JCC Medina-Shore (Miami)(Andrew Borah)(1-30-24) – Denied contested attorney’s fee. The claimant filed two PFBs requesting various indemnity and medical benefits. The E/C later stipulated to the claimant’s attorney’s fees and costs for securing the benefits requested in the PFBs. The claimant’s attorney, however, filed a verified fee petition seeking an E/C paid-fee only on the first PFB. He did not include a fee amount concerning the second PFB. The JCC denied the claimant’s entitlement to the E/C-paid fee on the first PFB. The claimant’s attorney then filed a second fee petition for the second PFB. The E/C asserted that the claimant’s attorney’s second fee petition was precluded by res judicata, abandonment or waiver, failure to abide by Administrative Rule 60Q-6.124(3)(a)(5) or running of the SOL. The JCC agreed, finding the fees and costs claimed in the second PFB were ripe, due and owing at the time of the initial fee hearing and should have been litigated at that hearing. Therefore, the claims for fees and costs in the second PFB were precluded by res judicata. Click here to view Order
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