KOTLER LAW | Workers Compensation Lawyer
In Yvenor Moresca v. Employer Solutions Services, Inc., Star Bakery, Inc. and CCMSI the Claimant filed a petition for benefits. The E/C agreed to provide medical benefits as well as costs but fees were denied. The costs were not paid by E/C so Claimant sought attorney fees for securing costs. The E/C argued that they …
Yvenor Moresca v. Employer Solutions Services, Inc., Star Bakery, Inc. and CCMSI Read More »
In Joseph Guerrera v. Becton Dickinson & Co. and Sedgwick CMS Claimant challenges an order of the JCC denying Claimant’s verified petition for attorney’s fees. Counsel for the claimant secured an increase in the AWW but the JCC denied E/C-paid fee entitled finding that “no actual or real benefit was secured”. The court found reversible …
Joseph Guerrera v. Becton Dickinson & Co. and Sedgwick CMS Read More »
In Joshua Peel v. B&B Lawn Maintenance and Pressure Washing LLC and Cannon Cochran Management Services, the claimant filed a PFB on 11/3/21 and after the E/C performed an investigation and defense of the claims the claimant withdrew the PFB on 2/1/22. Here, E/C filed a verified Motion to Tax Costs. No verified response was …
In Felix Castillo v. Tirado Remodeling Group Inc and Norguard Insurance Company, Gallagher Bassett Services, Inc. the Claimant filed a verified petition for entitlement to an E/C paid fee. The JCC found that the claimant’s verified petition did not comply with Procedural Rule 60Q-6.124(3)(a)(3) as the benefits secured are not clearly delineated in the verified …
In Ronald Shomaker v. Polk County Board of County Commissioners and Commercial Risk Management, Inc. the Claimant filed a Verified Petition for Attorney’s Fees and Costs. The value of all of the benefits secured is $179,129.80. The value of the indemnity benefits is $177,497.80. A statutory fee solely on the indemnity benefits is $18,499.78. The …
In Mbobila Munengu v. America’s Gateway, Inc. d/b/a Cruiseport Destinations and American Compensation Insurance Company, CCMSI Claimant filed a petition for benefits which were then dismissed. After the claims were dismissed the E/C sought taxable cost recovery in the amount of $5,946.38. The JCC found that a portion of the costs were properly taxable and …
In Marie Carme Louis v Next Level Hospitality Services, LLC and Amtrust North America of Florida, Wesco Insurance Company Claimant received a settlement amount of $30,000. From that settlement amount Claimant agreed to pay her attorney a fee of $7,500 which is equivalent to 25%. In Miles v. City of Edgewater Police Dept., the court …
In Eduardo Manso v. Southeast Personnel Leasing, Inc. and Packard Claims Administration the Claimant failed to appear for an IME appointment and the E/C seeks 50% reimbursement of the no-show fee. Furthermore, the E/C filed a motion to compel attendance at IME. The JCC found that the Claimant gave proper notice to E/C that he …
Eduardo Manso v. Southeast Personnel Leasing, Inc. and Packard Claims Administration Read More »
In Michael Roth v. The Home Depot USA, Inc. and Illinois National Insurance Company, Helmsman Mgmt Services Claimant’s counsel sought approval of attorney’s fees. The washout was $82,348.84 and the attorney’s fees were $25,848.84. This amounted to 31% of the total settlement amount. The JCC applied the principles found in Miles and Lee Engineering. Ultimately …
In Michael Roth v. The Home Depot USA, Inc. and Illinois National Insurance Company, Helmsman Mgmt Services a settlement was entered prior to this hearing in the amount of $82,348.84. From the settlement Claimant agreed to pay Counsel a fee of $25,848.84 pursuant to the representation agreement. The timesheet presented by counsel showed 38.3 hours …