Disability Law

Claimant's Paralegal Fees Not Recoverable as "Costs"

By David A. McCranie, Esq.

When an injured worker who is represented by counsel settles his workers' compensation claim for a lump sum, the JCC must review the attorney's fees charged to the claimant to ensure that they comply with the limited percentages for fees set forth in §440.34(1), Fla. Stat.  On the other hand, the JCC lacks the authority to deny an award of attorney's fees based upon the amount of costs the attorney elects to charge his client.  See Eshlibi v. Consolidated Box Mfg., a case which I discussed here. 

So can the attorney charge his client extra for the time his paralegal spent on the case by categorizing that time as a "cost"?  Nope.  Paralegal time is required to be included in attorney time.  Thus, it is included within the statutory fee which the lawyer can charge the client.  See Demedrano v. Labor Finders of Treasure Coast, decided on 1/12/2009.

The court was careful to point out that its decision was not affected by last October's Florida Supreme Court decision in Murray v. Mariner Health.  That case concerned a carrier-paid, not a claimant-paid, attorney's fee.

Full post as published by Florida Workers’ Compensation Law Blog on January 31, 2009 (boomark / email).