Cristhian Espinal v. Fanatics Holdings


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Cristhian Espinal v. Fanatics Holdings, a Tampa workers’ compensation case, concerned an attorney fee hearing. The JCC sustained the employer’s objection to the claimant’s cost invoices, as they were not filed in a timely manner. The JCC also denied the petition which failed to itemize any alleged costs.

The claimant’s entitled fees were based on the authorization of an orthopedic specialist, medical mileage, medical bills, and attending a deposition with no pending petition. The claimant was granted payment for everything apart from the attorney fees, since the attorney fee costs were pending at the time of the claimant’s deposition.

The claimant failed to prove that all the alleged time was compensable, therefore the employer was not required to defend that claim. Observing the benefits to be de minimus, the JCC determined that the primary goal of the hearing to be churn litigation.

 

Fees of $7,525.00 AWARDED.

The 440 Authority

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