Item C09BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16, 2008 Division: Employee Services
Bulk Item: Yes X No _ Department: Employee Benefits
44,
Staff Contact Person: Maria Fernandez -Gonzalez x444§
AGENDA ITEM WORDING: APPROVAL OF OPPOSING COUNSEL ATTORNEY'S FEES
FOR WC FILE #0301300-KK IN THE AMOUNT OF $30,405.10.
ITEM BACKGROUND:
On May 4, 2006, the judge found a workers' compensation claim compensable. Also included in
the order was the claimant's entitlement to attorney's fees.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $30,405.10 BUDGETED: Yes X No
COST TO COUNTY: $30,405.10 SOURCE OF FUNDS: Primarily Ad Valorem
REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH Year _
t
'10 �-APPROVED BY: County Atty OMB/PurchTsing Risk Management
DOCUMENTATION: Included X To Follow Not Required
DISPOSITION:
Revised 08/06
AGENDA ITEM #
C
UNTYMONROE
KEY WEST FLORIDA 33040
(305)294-4641
Office of the Employee Services Division Director
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 268
Key West, FL 33040
(305) 292--t158 — Phone
(305) 2924564 - Fax
TO: Board of County Commissioners
FROM: Teresa E. Aguiar, Directo
Employee Services
DATE: June 26, 2008
BOARD OF COUNTY COMSSIONFRS
N1zayor Mario Di Gennaro, District 4
Mayor Pro Tem Charles "Sonny" McCoy. District 3
Dixie N. Spehar, District L
Georra,e Neu,,ent, District `_'
Sylvia J. Murphy, District S
SUBJ: Settlement for Attorney Fees & Costs — WC File #0301300-KK
This item requests approval to pay the attorney's fees of opposing counsel in the amount of $30,405.10
(130 hours @$225) plus costs of $1,155.10).
Background: A MCSO deputy filed a claim with Monroe County on June 28, 2002. The County denied the
claim and the case went to trial. On May 4, 2006, the Judge found the claim compensable under Florida
Statute 112.18. Also included in the order was the claimant's attorney's entitlement to recover reasonable
attorney's fees. The County appealed the order and our appeal was denied.
The claimant's attorney initially demanded 152.1 hours at $300 an hour ($45,630.00). After discussion
between the County's Workers' Compensation attorney and the claimant's attorney, and eventually with
our County Attorney's office, it was agreed that we should attempt to settle the matter before the hearing
and it was also agreed that an hourly rate of $200-$225 is more reasonable. If the claim were to go to a
hearing the Judge usually bases the decision on the reputation of the attorney. Knowing this law firm's
reputation it is believed that the Judge could possibly award the attorney's initial full demand of $45,630.00.
It is therefore recommended that the BOCC allow us to secure authority of $29,250 plus the cost of
$1,155.10 fees in order to forgo the hearing (which has been scheduled before the end of July) and settle
the claim prior to the hearing. If you have any questions on this item, please do not hesitate to contact me
at X4458.