Item D13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21, 2006
Division:
Employee Services
Bulk Item: Yes
No
Department: Workers' Compensation
AGENDA ITEM WORDING: Approval for payment in the amount of$6,037.50 for legal services
provided by the firm of Charouhis, Fandino, Lopez & Wright, P.A. for representing the County in a
workers' compensation claim.
ITEM BACKGROUND: The above named law firm was retained by the former Workers'
Compensation Administrator on a trial basis to represent the County's interest in a worker's
compensation case. Although section 2-359 of the County Code requires Board approval for retaining
any outside counsel, no previous approval was sought. Because ofthis oversight, the Finance Office
will not pay the invoice without approval by the BOCC. The invoice was for 48.30 total hours ofwork
at a rate of$125.00 per hour plus costs in the amount of$6,037.50. Any future cases referred to this
firm would be done pursuant to a contract approved by the Board.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
$6.037.50
BUDGETED: Yes -X-. No
COST TO COUNTY: $6.037.50
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT P
APPROVED BY: / County Atty J1t.>V OMBlPurchas'
Year
DIVISION DIRECTOR APPROVAL:
Teresa E. Aguiar
Division Director Employee Services
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/03
Charouhis, Fandino, Lopez & Wright, P.A.
Attorneys at Law
Miami - West Palm Beach
MIAMI CENTER
201 S. B1SCA YNE BOULEVARD, 28th FLOOR
MIAMI, FLORIDA 33131
w/Or/mo~ ~
1 nk itVl E)ll I)
Facsimile; (305) 913-1301
Telephone; (305) 913-7522
TAX ID NO. 65-0910939
February 03, 2006
M~Rodriguez
Preferred Governmental Claims Solutions
PO Box 958456
Lake Mary FL 32795-8456
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Invoice No. 11194
In Reference To:
Monoroe CouJlty Board of County Commissioners
Claim No. WCLT078459'V
D/A: 12-21-04../
Our File No. 3636-0000
Professional Services
9/14/2005 Receipt and review of new file materials and suit transmittal and instructions for handling
(.30); opening new me (n/c); review notes from adjuster regarding new me (.10); prepare
Notice of Appearance (.20); conflict check with Office Services (n/c); prepare Request to
Produce (.20); prepare letter to adjuster re: new claim (.10); note file re: carrier info (n/c);
ascertain background info on Claimant needed (.10) and prepare letter to Division of
Workers' Compensation regarding prior accidents (.20); prepare Social Security disability
release (.10), and all information required by SS regarding disability information request
(.10); prepare unemployment compensation release (.10), and all information required by
Dept. of Labor regarding prior employment (.10); diary due dates for return of SS and
Unemployment and release (n/c); prepare medical release (n/c) and medical authorizations
(.10); prepare earnings request to obtain all information, and complete required forms
regarding prior/subsequent employment to New Jersey Dept. of Labor (.20); diary due dates
for same (n/c); prepare correspondence to Claimant's attorney regarding liens, handling,
representation ofE/C, production, and releases, with all enclosures (.20); ascertain
Claimant's Social Security number (n/c); ascertain place ofaccident, jurisdiction, venue and
JCC (.20); prepare list of all parties (n/c); and original Certificate of Service (.10); ascertain
Claimant's dIb and other identifying factors (n/c); perform auto-trac research on Claimant's
background re: prior accidents, prior claims, crimes, residences, etc.( .50); ascertain whether
DOAH has assigned new claim number, computer research to see if petition filed and obtain
DOAH information (.20), and then amend pleadings to reflect same (.20).
Receipt and review of new me materials and suit transmittal and instructions for handling
(.30); opening new me (n/c); review notes from adjuster regarding new file (.10); prepare
Notice of Appearance (.20); conflict check with Office Services (n/c); prepare Request to
Produce (.20); prepare letter to adjuster re: new claim (.10); note file re: carrier info (n/c);
ascertain background info on Claimant needed (.10) and prepare letter to Division of
Workers' Compensation regarding prior accidents (.20); prepare Social Security disability
release (.10), and all information required by SS regarding disability information request
(.10); prepare unemployment compensation release (.10), and all information required by
Dept. of Labor regarding prior employment (.10); diary due dates for return ofSS and '.
Unemployment and release (n/c); prepare medical release (n/c) and medical authorizations"
(.10); prepare earnings request to obtain all information, and complete required forms
regarding prior/subsequent employment to New Jersey Dept. of Labor (.20); diary due dates
for same (n/c); prepare correspondence to Claimant's attorney regarding liens, handling,
representation of E/C, production, and releases, with all enclosures (.20); ascertain
Claimant's Social Security number (n/c); ascertain place of accident, jurisdiction, venue and
Hours Amount
3.00 375.00
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3.00 375.00
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Hours
JCC (.20); prepare list of all parties (nlc); and original Certificate of Service (.10); ascertain
Claimant's dIb and other identifying factors (nlc); perform auto-trac research on Claimant's
background re: prior accidents, prior claims, crimes, residences, etc.(.50); ascertain whether
DOAH has assigned new claim nwnber, computer research to see if petition filed and obtain
DOAH information (.20), and then amend pleadings to reflect same (.20).
9/16/2005 Division of Administrative Hearings research regarding state mediation and initial
assignment (.20); t/conference with Attorney Hackney regarding state verses private
mediation (.20); telephone conference with Jennifer Taylor regarding mediation and state
verses private mediation (.20); t/call to state mediator regarding state mediation and
requirements for substitution (.20); prepare correspondence to adjuster regarding state
mediation (.20).
9/28/2005 Review of Notice of Appearance (. I 0); review of correspondence from Attorney Hackney
regarding new file (.10); t/call to Attorney Hackney regarding new file and handling of same
(.20); t/call to adjuster regllftling same (.20).
9/29/2005 Telephone conference with opposing counsel's office regarding Private Mediation and
possible early settlement (.20); telephone conference with the mediator's office regarding
same and we need aggressive mediator and two files we need assistance on (.20); prepare
Notice of Private Mediation and forwarded to all parties (.20); prepare correspondence to
adjuster regarding same (.20); verify if state mediation is set (.10); verifY if private
mediation can be substituted (.10); research and review initial order of assignment (.20);
prepare agreed Motion to Substitute Private for State Mediation (.50); prepare proposed
Agreed Order (.30); t/call to opposing counsel re same and detailed discussion of
requirements for substitution (.20); ~~ correspondence to ICC re same, with original
attachments (.20); prepare corresPonaeiice and transmittal of same to opposing counsel re
same, with attachments (.10); prepare exhibits including Notice of Private Mediation
attached (.20).
10/6/2005 Receipt/review private mediation notice and correspondence from opposing counsel and
mediator (.20); verify on Division of Administrative Hearings if state mediation has been
substituted for private mediation and if proposed Order has been signed (.20); request for
demand (.20); telephone call to Mariner's Hosptial regarding date(s) of admission and what
releases are required for records (.20).
10/12/2005 Research Division of Administrative Hearings to locate if the state cancelled the state
mediation and substituted same for private mediation (.20); prepare email to adjuster
advising that state mediation has been cancelled and substituted for private mediation (.20);
prepare correspondence regarding same to the state mediator (.20); and opposing counsel
(.20); update calendar to reflect same (.20); follow up with Mariner's Hospital regarding
records and release (.20); telephone call to Attorney Hack regarding releases and records
(.20).
10/1812005 Telephone conference with opposing counsel regarding claimant's deposition ifno early
reasonable settlement (.20); review and analyze A WW for this date of accident and whether
we need an A WW for the earlier date of accident (.20).
10/19/2005 Detailed review of file in preparation for Claimant's deposition - time split with 3636-000 I
(1.00); appear/attend Claimant's deposition - time split with 3636-0001 (l.00); review of
detailed notes and preparation of summary of Claimant's deposition - time split with
3636-0001 (l.00).
10/21/2005 Review of Division of Administrative Hearings website to determine if any additional
Petitions were filed (.10).
Review and analyze file for preparation of Employer/Carrier's response to Claimant's
Request to Produce, redact work product or otherwise privileged information, assert
appropriate objections to Claimant's request (1.00); receipt and review claims file, including
medicals, bills, correspondence, pleadings, and miscellaneous claims documents (1.00);
organize, dedact duplicates, identify, mark and label and place in chronological order in
appropriate sub files (nlc); remove all work product including faxes and correspondence
to/from employer/carrier and reserve information and billslcorrespondence from defense
counsel and place in claims diary folder (.20); receipt and review claims diary (.30);
detennine date of accident and 13 weeks prior to accident (.20); prepare Initial Case
Evaluation letter to adjuster (2.50). \(i . '
10/22/2005 Analyze me to detennine discovery still outstanding for claimant's depostiton (.50). (:';'O'~ '\
10/26/2005 T/call from opposing counsel regarding private mediation and demand of $90,000 (.20); ,....
determine when group insurance of $781.80 needs to be added (.20).
1.00
0.60
2.40
0.80
1.40
0.40
2.50
0.10
5.20
0.50
0.40
"'.,1
Page
2
Amount
125.00
75.00
300.00
100.00
175.00
50.00
312.50
12.50
650.00
62.50
50.00
Marl "Rodriguez .
10/27/2005 Tlcall to opposing counsel regarding private mediation (.20); prepare amendment to
certificate of service and update file with new adjuster information (.20).
10/2812005 Preparation of amendment to correspondence and fmalization ofletter to Adjuster, Maryann
DeRosa, regarding Claimant's deposition summary (.30); review of EMS records (.20);
follow up on correspondence and releases from opposing counsel (.10).
11/1/2005 Review of Request to Produce (.10); preparation of Response to Claimant's Request to
Produce (.50); review of file regarding private mediation conference (.20); review of file
regarding Claimant's deposition and what exhibits regarding same (.20); preparation of
amendments to initial case evaluation (1.00).
11/3/2005 Update medical records (.20); prepare email to adjuster on mediation and evaluation and
last medical treatment (.20).
11/412005 Telephone conference with Mediator regarding private mediation conference and two
mediations (.20); telephone conference with Claimant's counsel. Attorney Hack, regarding
private mediation conference (.20); telephone call to Adjuster, Maryann DeRosa, regarding
private mediation conference (.20); preparation of correspondence to Adjuster regarding
private mediation conference (.20).
11/6/2005 Preparation for mediation (1.00).
1117/2005 Telephone conference with Claimant's counsel, Attorney Hack, regarding private mediation
conference and unreasonable demand (.20); telephone call to Adjuster, Maryann Hatton,
regarding private mediation conference (.20).
Review of correspondence of Dr. Gran (.10); telephone call to opposing counsel regarding
one time change from Dr. Scott Burns to Dr. Bernard Gran (.20); prepare correspondence to
Dr. Bernard Gran regarding evaluation (.20).
Attendance at pre-mediation conference, mediation, and post-mediation conference; assist in
preparation of mediation agreement; execute same (3.00); prepare plan of action (.20);
prepare email to adjuster and employer regarding outcome of mediation and plan of action
(.20); review of executed mediation report with attachments and prepare for filing with
Judge of Compensation Claims (.20).
11/8/2005 Receipt/review correspondence from Comprehensive Pathology Assoc.(.20); receipt/review
correspondence from Homestead Emergency correspondence to Comprehensive Pathology
Assoc. regarding same (.20); prepare correspondence to Homestead Emergency regarding
same (.20); prepare and correspondence forward correspondence to Homestead Emergency
with enclosures regarding same (.20); prepare and forward correspondence to Mary Ann
Derosa with enclosures regarding same (.20).
11/9/2005 Telephone conference with Mediator regarding private mediation conference (.20);
preparation of Notice of (Reconvene) Private Mediation Conference (.20); preparation of
letter to Adjuster, Maryann DeRosa, regarding private mediation conference (.20).
11/22/2005 Tlcall to Dr. Gran's office regarding medical report, romi, treatment recommendations (.20);
telephone call to opposing counsel regarding same (.20).
11/2812005 Tlcall to Dr. Gran regarding medical report and mmi (.20); review of records from Dr. Scott
Burns (.20).
Tlcall from Dr. Rivas's office regarding medical reports and referrals (.20); review of initial
records from Dr. Samess (.20).
Receipt/review correspondence from Dr. Gran's office regarding rating and ct scans (.20);
review of releases and determine which providers require same (.20).
Receipt/review correspondence from Neuroscience Consultants regarding medical records
and records attached (.20); telephone call from opposing counsel regarding chang in neuro
and records and appt (.20).
Receipt/review ct scan reports (.20); fax same to Dr. Gran regarding correspondence and ct
scans (.10); t/call to Dr. Gran's office regarding medical reports (.20).
11/30/2005 Receipt/review corresponedence and records from Neuroscience Consultants regarding
medical report (.20); organize all medical records chronologically from Neuroscience
Consultants and prepare label for same and prepare same for production (.20). ." ..
Revie of mediation report (.10); t/call to the mediator's office regarding reconvene private'~ .
mediation (.10); prepare amend Notice of Reconvene Private Mediation (.20).
{
12/16/2005 Receipt/review correspondence from Neuroscience Consultants regarding medical report \
(.10); t/call to opposing counsel regarding reduced demand (.10)?
12/21/2005 Review of file regarding what else needs to be completed before mediation in 60 days for
this date of accident and whether further discovery is needed and what other medical
records we need and whether any issues remain pending that must be resolved at mediation
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Hours
Amount
0040
50.00
0.60
75.00
2.00
250.00
0.40
50.00
0.80
100.00
1.00
DAD
125.00
50.00
0.50
62.50
3.60
450.00
1.20
150.00
0.60 75.00
0040 50.00
0040 50.00
0.40 50.00
DAD 50.00
0040 50.00
0.50 62.50
0.40 50.00
,"'
\.J~0 '
:'\ '\ O?f~f) 50.00
0.20 25.00
{~j. .
0.90 112.50
Mari Rodriguez.
and/or prior to mediation in order to secure an overall settlement for this date of accident
(.50); detennine ptbs for this date of accident remaining outstanding (.10); interoffice
conference regarding same (no charge); telephone call to state mediator regarding state
mediation verses private mediation and whether state was set for both dates of accident
(.20); telephone call to opposing counsel regarding same (.10).
12/30/2005 Review of file regarding private mediation conference and last demand and whether we
have obtained new lowered demand (.20); t/call to Attorney Hack regarding lowered
demand needed (.20).
1/3/2006 Review of me regarding private mediation conference (.20); prepare voluminous production
for opposing counsel for mediation (1.00).
1/5/2006 Follow up regarding ojcc infonnation needed for case and for washout if we settle (.20);
follow up regarding additional medical records needed (.20).
1/9/2006 Preparation of amendment to pleading style regarding new firm address (.20); preparation of
Notice of Change of Firm Address (.20).
l! 1 0/2006 Receipt/review correspondence from Neuroscience Consultants regarding medical report
(.20); prepare and forward correspondence to adjuster regarding same (.20); prepare
correspondence to opposing counsel regarding same (.20); prepare and organize all medical
records chronologically from Neuroscience Consultants and prepare label for same for
production (.20).
1/12/2006 Follow up with opposing counsel regarding case value and demand (.20).
1/16/2006 Review and analysis of Amended Notice of Private Mediation Conference (.20); preparation
of letter to Adjuster, Maryann DeRosa, regarding private mediation conference (.20).
1/29/2006 Preparation for mediation in this claim and review of Division of Administrative Hearings
regarding all pfbs and prepare opening argument (1.00).
2/2/2006 Analyze file to determine discovery still outstanding for private mediation (.50).
2/312006 Review of me regarding private mediation conference (.20); telephone conference with
Mediator regarding private mediation conference (.20); telephone conference with
Claimant's counsel, Attorney Hack, regarding private mediation conference (.20); telephone
call to Adjuster, Mary Ann DeRosa, regarding private mediation conference then second
call to new adjuster (.20).
Attend pre-mediation conference .with adjuster; attend mediation; assist in preparation of
mediation agreement (time split with other claim) (2.60); t/call to adjuster regarding same
(.10); prepare email correspondence to adjuster and employer regarding settlement (.20);
review response from adjuster (.10).
Detailed research regarding child support payments and carrier's responsibility for payment
of same verses claimant's responsibility, pursuant to order received (l.OO-time split with
other file).
For professional services rendered
Balance due
Hours
0040
1.20
0.40
0040
0.80
0.20
0040
1.00
0.50
0.80
4.00
l.00
Page
4
Amount
50.00
150.00
50.00
50.00
100.00
25.00
50.00
125.00
62.50
100.00
500.00
125.00
48.30 $6,037.50
$6,037.50
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