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Hammock v. Weyerhaeuser12/14/2005
ix Operating Co., 31,656 (La. App. 2d Cir. 2/24/99), 729 So. 2d 109, 113, this court explained the proper method of calculating such an award:
LSA-R.S. 23:1201(F) permits only the imposition of a reasonable attorney fee. The factors to be considered in the imposition of the attorney fee in workers' compensation cases include the degree of skill and work involved in the case, the amount of the claim, the amount recovered and the amount of time devoted to the case.
Although this was not an unusually complicated compensation case, the medical records and other exhibits in this matter are nearly three inches thick and comprise several years of the claimant's medical history. The claimant was represented by two attorneys; the first was retained until July 2004, when he was released and the second was retained. The claimant was deposed while represented by the first attorney, and that deposition is 128 pages long. The claimant's attorney performed skillfully at trial and won an award approaching a value of $50,000.00 for the claimant. We do not find the $7,000.00 fee award to be an abuse of discretion.
CONCLUSION
The judgment of the Office of Workers' Compensation is hereby amended to delete the phrase "until plaintiff is released to return to work by Dr. Ehrlich." In all other respects, the judgment is affirmed. Costs of this appeal are assessed to Weyerhaeuser.
DECREE
As AMENDED, the judgment is AFFIRMED.
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