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Ville Platte Medical Center v. Mcglynn3/6/2002
tis, 98-789, p. 22-23; 722 So.2d at 433, the court explained that " he factors used to determine this award are the degree of skill and ability exercised, the amount recovered, and the amount of time devoted to this case." The record in this case indicates that Ms. McGlynn's attorney not only defended the disputed claim for compensation filed by the employer, but filed an amended disputed claim on her behalf, participated in telephone conferences, conducted a number of pretrial depositions, conducted discovery which involved medical records from a number of health care providers, and represented Ms. McGlynn at the hearing, questioning the employer's witnesses and presenting witnesses for her case. Further, although the employer asserts that only $19,000.00 in indemnity benefits was due, this figure represented the amount of compensation due for an entire year, benefits Ms. McGlynn would have likely continued to go without if not for assistance of counsel. Additionally, it is incomplete to find that this is the totality of benefits obtained by Ms. McGlynn, as the employer was ordered to provide medical benefits for the future. Again, Ms. McGlynn would have likely remained without this benefit, but for assistance of counsel. Although we recognize that the figure is on the higher end of the spectrum of fees acceptable in a case such as this, we do not find that the workers' compensation judge abused his much discretion in setting the award. Accordingly, this assignment is without merit.
DECREE
For the foregoing reasons, the decision of the Office of Workers' Compensation is affirmed. All costs of this appeal are assessed to the employer, Ville Platte Medical Center.
AFFIRMED.
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