McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A. and Employer/Carrier successful in defense of attorney costs:

October 3, 2023

The Claimant failed to attend multiple scheduled medical appointments, but failed to present for the same. The Claimant then filed a Petition for Benefits, requesting an alternate medical provider. After the Employer/Carrier provided the appointment, the Claimant asserted entitlement to prevailing party costs. The Claimant’s attorney failed to provide any proof of the alleged costs until immediately before a hearing, requested by the Employer/Carrier. During the hearing, it became clear that there was not competent, substantial evidence to prove that the Claimant’s attorney had incurred any fees related to the filing and certified mailing of the subject Petition for Benefits. Specifically, the Judge found that there was not competent evidence to support to where, if at all, the Claimant’s attorney had mailed the Petition for Benefits. As such, the Judge denied entitlement to costs and attorney’s fees related to those costs. The Claimant sought rehearing; however, the Judge denied the same.