Jorge Acosta v. America Airlines and Sedgwick CMS

In Jorge Acosta v. America Airlines and Sedgwick CMS Claimant filed a PFB for TPD. E/C filed a response and provided the benefits 15 days after PFB was filed. Claimant’s counsel is now seeking attorney’s fees for securing TPD benefits. Claimant’s counsel argues that E/C denied the benefits claimed, as they failed to respond to the PFB within 14 days. The JCC found that E/C paid Claimant the TPD benefits 15 days after receiving the PFB. Section 440.34(3), Florida Statues states that “regardless of the date the benefits were initially requested, attorney’s fees shall not attach under this subsection until 30 days after the date the carrier or employer, if self-insured, receives the petition”. E/C paid the benefits 15 days after receipt of the PFB which is within the 30 day limit. VP for E/C paid attorney fees and costs DENIED.

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