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Player v. International Paper Co.1/28/2005
94 So. 2d 958. The degree of bad faith exhibited by the employer is not an appropriate factor in determining the amount of attorney fees to be awarded. Thompson v. The Animal Hospital, supra.
Counsel for the claimant represented his client well, securing the payment of workers' compensation benefits owed and not paid for more than a year. He also obtained payment of Dr. Burt's bill, approval of the surgery recommended by Dr. Burt, and approval of Dr. Ramos as the claimant's neurosurgeon. According to the attorney's affidavit, 32 attorney hours and 11.9 staff hours were expended on this case, which involved the review of the claimant's extensive medical and personnel records. This time did not include the attorney's time in court for trial. While perhaps on the generous side, the award of $6,500 in attorney fees is reasonable and not excessive.
ANSWER TO APPEAL
The claimant answered the appeal, seeking additional attorney fees of $2,500 for responding to IP's appeal. Considering the amount of time expended on appeal, the reduction of penalties on appeal, and the generosity of the prior award of attorney fees, we find that an award of $500 will adequately compensate the claimant's counsel for the work performed on this appeal.
CONCLUSION
The judgment of the workers' compensation judge is amended to lower the award of penalties for compensation benefits from $20,000 to $3,200. As amended, the judgment is affirmed. Additional attorney fees of $500 are awarded on appeal. Costs are assessed against the appellant.
AMENDED AND, AS AMENDED, AFFIRMED.
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