Loading...
McCabe ContractSTATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGE OF COMPENSATION CLAIMS FORT MYERS DISTRICT EMPLOYEE Bettye Taylor 2427 NW 53rd Terrace Okeechobee, FL 34972 EMPLOYER City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974 CARRIER /SERVICING AGENT None ATTORNEY FOR EMPLOYER MICHAEL E. McCABE, ESQ. Post Office Box 280 Fort Myers, FL 33902 -0280 ATTORNEY FOR CLAIMANT None OJCC NO. Not assigned JUDGE: Not assigned D /A: 6/11/97 WORKERS' COMPENSATION REPRESENTATION AGREEMENT, LIMITED POWER OF ATTORNEY I, Marcos Montes De Oca, The City Administrator for the CITY OF OKEECHOBEE, on behalf of CITY OF OKEECHOBEE and with full authority to do so, hereby retain and employ Attorney Michael E. McCabe, Esq., and HENDERSON, FRANKLIN, STARNES & HOLT, P.A. (hereinafter referred to as the "Firm "), to represent the CITY OF OKEECHOBEE, under the following terms and conditions, limited to the workers' compensation injuries suffered by Bettye Taylor on 6/11/97, including any claims that may be filed for that date of accident in the future. AUTHORIZATION. The CITY OF OKEECHOBEE authorizes the Firm to act on its behalf in representing the CITY OF OKEECHOBEE and in defending The CITY OF OKEECHOBEE in any Workers' Compensation action brought by Bettye Taylor regarding the 6/11/97 work accident. Authorization is limited to Workers' Compensation matters only for which the Judge of Compensation Claims has jurisdiction. The Firm is authorized to make investigations, undertake such legal proceedings and expend monies on the CITY OF OKEECHOBEE'S behalf as the Firm may deem necessary. This authorization extends to any employee of the Firm of HENDERSON, FRANKLIN, STARNES & HOLT, P.A. ATTORNEY'S FEES. It is agreed that the CITY OF OKEECHOBEE is responsible for the payment of attorney's fees for the services rendered by Michael E. McCabe, Esq., his staff, and HENDERSON, FRANKLIN, STARNES & HOLT, P.A. The Firm is authorized to make investigations, undertake such legal proceedings, and expend monies on behalf of The CITY OF OKEECHOBEE in the investigation of Bettye Taylor's Workers' Compensation claim, and in asserting any defenses related to litigation associated with her Workers' Compensation accident and injuries. I understand that attorney's fees for work performed by Mr. McCabe and other attorneys at HENDERSON, FRANKLIN, STARNES & HOLT, P.A. will be billed at $150.00 per hour and will be billed, along with any costs expended on behalf of The CITY OF OKEECHOBEE, on a monthly basis, with said bills being sent to the Finance Director, India Reidel. A rate of $65.00 per hour will be billed as paralegal fees. Paralegals, working under the supervision of an attorney, may perform non - clerical work, including meaningful legal support to the matter involved and legal research and case development or planning in relation to modifications or initial proceedings, services, processes, or application; or who prepare or interpret legal documents or select, compile, and use technical information from references such as digests, encyclopedias, or practice manuals and analyze and follow procedural problems that involve independent decisions. Should this agreement be terminated for any reason, The CITY OF OKEECHOBEE acknowledges that the Firm will have a lien to the extent provided by law for any fees accrued on the City's behalf during the Firm's representation. FIRM COSTS. The CITY OF OKEECHOBEE agrees to reimburse HENDERSON, FRANKLIN, STARNES & HOLT, P.A. for all costs associated with the investigation and defense of the above Workers' Compensation accident. It is understood that costs are separate and apart from attorney's fees and are the responsibility of The CITY OF OKEECHOBEE. Should this agreement be terminated for any reason, the CITY OF OKEECHOBEE understands that HENDERSON, FRANKLIN, STARNES & HOLT, P.A. will have a lien for any costs expended on its behalf during their representation of The CITY OF OKEECHOBEE in this matter. Examples of those costs include: (1) Copying, faxing, long distance telephone calls, computerized research; (2) Investigative services; (3) Court reporter and transcription services; (4) Accounting services; (5) Witness fees; (6) Courier services; (7) Expert consultation, research, and review fees; (8) Record acquisition fees; (9) Mailing and postal charges; (10) Mileage, and parking and toll fees; (11) Translation and interpreter charges; and (12) All other necessary costs incurred in the investigation into the 6/11/97 accident and the potential defense of any Workers' Compensation claim filed by Bettye Taylor for the 6/11/97 accident. Should this agreement be terminated for any reason prior to the conclusion of this claim, The CITY OF OKEECHOBEE acknowledges that the Firm will have a lien to the extent provided by law for any costs accrued on the City's behalf during the Firm's representation. POTENTIAL FEES OWED TO MS. TAYLOR'S ATTORNEY BY THE CITY. While Bettye Taylor is not formally represented at this time, The CITY OF OKEECHOBEE understands that pursuant to the applicable version of section 440.34, Florida Statutes, The CITY OF OKEECHBOEE understanding that it would be required to pay Ms. Taylor's attorney's fees under certain circumstances in which benefits and treatment are wrongfully denied or provided on an untimely basis, subject to the findings of the Judge of Compensation Claims as to entitlement to, and the amount of, such fees. The CITY OF OKEECHOBEE acknowledges that for 1997 dates of accident, such attorney's fee would be calculated not based on a statutory guideline formula but would be based on an hourly rate and the number of hours reasonably spent by the attorney in securing the denied or untimely benefit, subject to the findings of the Judge of Compensation Claims. EXCLUSION OF ADMINISTRATIVE RESPONSIBILITIES FOR THE UNDERLYING CLAIM: The CITY OF OKEECHOBEE acknowledges that it is without the assistance of an adjuster and insurance carrier for this claim, and that the CITY OF OKEECHOBEE retains all responsibilities with regards to the administration of the claim, including timely authorization of medical treatment, payment of benefits, accounting of payments, notice to the Division of Workers' Compensation and Bettye Taylor, and other administrative functions typically handled by an insurance carrier. The CITY OF OKEECHOBEE acknowledges that Mr. McCabe and the Firm are not licensed adjusters and are not responsible for statutory requirements for the underlying administration of this claim. TERMINATION OF REPRESENTATION AGREEMENT: The CITY OF OKEECHOBEE understands and agrees that CITY OF OKEECHOBEE may at any time terminate its relationship with Mr. McCabe and Henderson, Franklin, Starnes & Holt, P.A., upon written notice, and services performed on behalf of CITY OF OKEECHOBEE will immediately cease upon receipt of such notice. In that event, the CITY OF OKEECHOBEE will be obligated to pay for any services rendered and any costs incurred prior to the Firm's receipt of the written notice. In addition, Henderson, Franklin, Starnes & Holt, P.A. may terminate its representation of CITY OF OKEECHOBEE for failure to pay bills promptly, for any reason permitted under the rules of professional conduct of the State of Florida, or for any other acts or circumstances which, in our judgment, might adversely affect the attorney - client relationship or result in a conflict of interest. ATTORNEY'S RESPONSIBILITIES. The undersigned attorney agrees to diligently conduct a review and investigation into the history of this claim, to address questions concerning the extent of Bettye Taylor's injuries and the extent to which The CITY OF OKEECHOBEE is required to provide medical treatment and compensation benefits, and in the event that litigation is initiated, to diligently defend The CITY OF OKEECHOBEE before the Judge of Compensation Claims. The undersigned attorney agrees to keep The CITY OF OKEECHOBEE fully informed as to the status of the above - referenced investigation and to any potential claim filed by Ms. Taylor related to the 6/11/97 accident. The attorney accepts the trust provisions of the agreement and will account to The CITY OF OKEECHOBEE as to any monies received, expended, or held on behalf of The CITY OF OKEECHOBEE, at the City's request. The undersigned attorney will keep The CITY OF OKEECHOBEE updated on the progress of the investigation and to confirm any instructions from The CITY OF OKEECHOBEE on how it would like to proceed on substantive matters. LIMITED POWER OF ATTORNEY. The CITY OF OKEECHOBEE does hereby make, constitute, and appoint the undersigned attorney as the agent of The CITY OF OKEECHOBEE and attorney -in -fact to act in The CITY OF OKEECHOBEE's name, place, and stead with regards to the defense of Bettye Taylor's 6/11/97 Workers' Compensation claim. THE UNDERSIGNED REPRESENTATIVE OF THE CITY OF OKEECHOBEE HAS RECEIVED AND READ THE STATEMENT OF CLIENT'S RIGHTS AND UNDERSTAND EACH OF THE RIGHTS SET FORTH THEREIN. THE UNDERSIGNED HAS SIGNED THE STATEMENT AND RECEIVED A SIGNED COPY TO REFER TO WHILE BEING REPRESENTED BY THE UNDERSIGNED ATTORNEYS. THIS CONTRACT MAY BE CANCELED BY WRITTEN NOTIFICATION TO THE UNDERSIGNED ATTORNEY AT ANY TIME WITHIN THREE (3) BUSINESS DAYS OF THE DATE THE CONTRACT IS SIGNED, AS SHOWN BELOW, AND IF CANCELED THE CITY OF OKEECHOBEE SHALL NOT BE OBLIGATED TO PAY ANY FEES TO THE UNDERSIGNED ATTORNEY FOR THE WORK PERFORMED DURING THAT TIME. IF THE UNDERSIGNED ATTORNEY HAS ADVANCED FUNDS TO OTHERS IN THE REPRESENTATION OF THE CITY OF OKEECHOBEE, THE UNDERSIGNED ATTORNEY IS ENTITLED TO BE REIMBURSED FOR SUCH AMOUNTS AS THE UNDERSIGNED ATTORNEY HAS REASONABLY ADVANCED. BY SIGNING THIS RETAINER AGREEMENT, LIMITED POWER OF ATTORNEY, AND TRUST AGREEMENT, THE UNDERSIGNED REPRESENTATIVE OF THE CITY OF OKEECHOBEE ACKNOWLEDGES THAT THE CITY OF OKEECHOBEE HAS VOLUNTARILY ENTERED INTO THE AGREEMENT AND RECEIVED A COPY OF THE SAME. FURTHER, THE UNDERSIGNED REPRESENTATIVE OF THE CITY OF OKEECHOBEE AGREES THAT IF THERE ARE ANY QUESTIONS CONCERNING THIS AGREEMENT, AN APPOINTMENT WITH THE UNDERSIGNED ATTORNEY WILL BE SCHEDULED TO DISCUSS SAME. CITY OF OKEECHOBEE 55 S.E. Third Avenue Okeechobee, Florida 34974 Telephone: (863)- 763 -3372 Marc Montes De Oca City Administrator for The City of /Okeechobee HENDERSON, FRANKLIN, STARNES & HOLT, P.A. Post Office Box'280 Fort Myers, FL 3,3902- 0280! Telephone: 239.834.1218 By: Michael E. McCabe, Esq. Florida Bar No. 0895091 Dated: ! ' Dated: STATE OF FLORIDA COUNTY OF OKEECHOBEE THE FOREGOING INSTRUMENT was acknowledged before me this 19th day of February , 2016 , by Marcos Montes De Oca, the City Administrator for the City of Okeechobee, who is personally known to me or who has produced as identification and who did did not take an oath, acknowledging that he /she has executed this Retainer Agreement for the purposes contained herein. My Commission Expires: '''' ':y'•., ROBIN BROCK ,..'t ;= MY COMMISSION # FF 068375 • EXPIRES: March 5, 2018 ';�',;< i ��•' Bonded Thru Notary Public Underwriters Notary Public ll, Print/Type Name of Notary Commission No. PERSONAL AND CONFIDENTIAL Ms. India Reidel City of Okeechobee 55 SE 3rd Avenue Okeechobee FL 34974 Re: Bettye L. Taylor v. City of Okeechobee OJCC No. : Not Assigned D/A : 6/11/1997 Dear Ms. Reidel: Reply to. Michael E. McCabe Direct Dial Number (239) 344 -1218 Direct Fax Number. (239) 344 '549 E -Mail. nochael mecabe(cbhenlaw. corn February 24, 2016 Enclosed please find the executed Workers' Compensation Representation Agreement, Limited Power of Attorney, for your file. Thank you. Sincerely, Michael E. Mcbabe MEM:rs Enclosure 517 FEBRUARY 16, 2016 - REGULAR MEETING - PAGE 4 OF 5 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. NEW BUSINESS CONTINUED B. Consider a Temporary Street Closing submitted by Okeechobee Christian Academy to close Southeast 2nd Avenue between Southeast 6th and 7th Streets on February 19, 2016 from 8:30 am to 2:00 pm for a Schoolwide Field Day - City Administrator (Exhibit 1). C. Approval of a Third Party Contract to assist with distribution of employee benefits — City Administrator ITEM ADDED: D. Discussion regarding mosquito spraying — Council Member O'Connor. Council Member Watford moved to approve a Temporary Street Closing submitted by Okeechobee Christian Academy to close Southeast 2nd Avenue between Southeast 6th and 7th Streets on February 19, 2016 from 8:30 am to 2:00 pm for a Schoolwide Field Day; seconded by Council Member Ritter. There was a brief discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Motion and second by Council Members Watford and Chandler to approve the Third Party Contract with Attorney Michael E. McCabe (of Henderson, Franklin, Starnes, and Holt, P.A.) to assist with distribution of employee benefits as presented. There was a brief discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member O'Connor requested to add to the agenda discussion regarding mosquito spraying. The matter was addressed previously on October 16, 2012. Action was to piggyback on the City of Clewiston's Mosquito Control Contract, retaining Fleming Pest Management for up to $2,000.00 to conduct a one -time adult mosquito insecticide application. In light of the recent publicity of the Zika Virus which is transmitted by daytime- active (Aedes) mosquitoes, such as A. aegypti and A. albopictus combined with the heavy rains creating standing water, the issue may need to be addressed again as several other surrounding counties are taking the virus seriously and are addressing the matter. However, since 2012, the State has changed the policy and procedures for a municipality to offer mosquito spraying to residents. He asked Mr. Charles Norris, Director of the Buckhead Ridge Mosquito Control to attend this meeting and offer some suggestions on this issue. Mr. Norris explained the seriousness of the Zika Virus, as well as many others spread by mosquitos, along with the various methods of eradicating them. The mosquitos carrying Zika are "container raised" types. Residents need to be educated to empty all containers that can hold water within their yards and around buildings. The State prohibits from spraying just to spray. Instead, citizens make a complaint call, which is then investigated and documented through worksheets requiring specific data. Once the criteria is established through the worksheets, only then can the area be sprayed. Council Member Watford asked what should the City do. Mr. Norris responded, all the counties around the lake excluding Okeechobee, have a mosquito control district. The best method for combating the mosquitos carrying the Zika Virus is to educate the citizens through the media and other organizations to pay attention and take care of their belongings, and keep them from holding any water. TO: Henderson, Franklin, Starnes & Holt, P.A. PO Box 280 Fort Myers, FL 33902 -0280 VOUCHER Po 4093 CITY OF OKEECHOBEE Draw 1 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 -2903 863 - 763 -3372 3/29/2016 ITEM NO ACCT. NUMBER QUANTITY UNIT DESCRIPTION UNIT AMOUNT 1 514- 001 -3300 Legal Services & Costs Taylor vs. city of Okeechobee PO Amount $ 10,000.00 Recis. 1,213.00 $1,213.00 1,213.00 Balance $ 8,787.00 TOTAL CITY OF OKEECHOBEE -IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES ANTE SALES TAX .,DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILE BE SIGNED UPON REQUEST. SALES TAX EXEMPTION NO. 57-03-004145-54C FEDERAL I.D. NO. 59-6000-393 AUTHORIZED SIGNAT)712-E PARTIAL ( RECEIVED MAR 2 9 2016 FINAL ( ) Henderson I Fran ki i n ATTORNEYS AT LAW March 21, 2016 TO: Okeechobee, City of Marcos Montes De Oca 55 S. E. Third Ave Okeechobee, FL 34974 Henderson, Franklin, Starnes & Holt, P.A. P.O. Box 280 Fort Myers, Florida 33902 -0280 Telephone 239 - 344 -1100 EIN 59- 1237100 Attorney: McCabe, Michael E File No. 31016/1 Invoice No. 645220 Session No. 91292 Re: Taylor, Bettye L. v. City of Okeechobee Claim No Claimant SSN Insured Date of Loss Services: 02/10/16 02/12/16 02/12/16 02/19/16 02/19/16 9700194933 261 -23- -831 City of Okeechobee 06/11/97 Review of medical file received from the City of Okeechobee. Review GENEX report re: only have information since 2010. Initial review of box containing yearly folders of claims materials sent by City of Okeechobee. Review email from India Riedel re: City Council approved Representation Agreement. Draft correspondence to India Riedel and Marcos Montes De Oca requesting additional information and documents needed to complete initial evaluation. 02/19/16 Review email from India Riedel re: Personnel 02/19/16 Draft email to India Riedel re: no privacy 02/19/16 Initial review and computerize employer's 02/19/16 Initial review and computerize employer's 02/19/16 Initial review and computerize employer's 2011 file folder file sent. between City and my office re; PD file. 2015 file folder 2012, 2013 and 2014 combined file folder /2/ McCabe, Michael E 0.30 45.00 Associate McCabe, Michael E 0.30 45.00 Associate McCabe, Michael E 1.50 225.00 Associate McCabe, Michael E 0.10 15.00 Associate McCabe, Michael E 0.30 45.00 Associate McCabe, Michael E 0.10 15.00 Associate McCabe, Michael E 0.10 15.00 Associate Williams, Brenda H. 0.30 19.50 Paralegal Williams, Brenda H. 0.30 19.50 Paralegal Williams, Brenda H. 0.20 13.00 Paralegal • Okeechobee, City of March 21, 2016 02/19/16 02/19/16 02/22/16 02/22/16 02/22/16 02/22/16 02/22/16 02/22/16 02/22/16 02/22/16 02/22/16 02/22/16 Initial review and computerize employer's 2009 and 2010 file folder Initial review and computerize employer's 2008 file folder Receipt of email from India Reidel, and OC's Notice of Appearance and initial request to produce. Draft email to India Reidel, requesting permission to inform OC that I represent the City. Review email from India Reidel, granting authority to inform OC that I represent the City. Initial review and computerize employer's 2005, 2006 and 2007 combined file folder Initial review and computerize employer's 2004 file folder Initial review and computerize employer's 2002 and 2003 file folder Initial review and computerize employer's 2001 file folder Initial review and computerize employer's 1997 file folder Initial review and computerize employer's 4/29/2014 Work Comp Claims file folder Initial review of employer file and medical records, tabulate pertinent documents, and update computer file to include additional details of claim in preparation of overall file review 02/23/16 Telephone discussion with India Riedel re: request that I draft proposed language for letter to Claimant re: using her personal insurance, and discuss additional information and documents that I need to complete my review. 02/23/16 Draft correspondence to India Riedel with proposed letter to be provided to Claimant. 02/23/16 Review and draft response to email from India Riedel re: she needs to contact GENEX and authorize them to provide me with all prior reports. 02/24/16 Review and Analysis of spreadsheet and PDF file re: medical costs history. Williams, Brenda H. Paralegal Williams, Brenda H. Paralegal McCabe, Michael E Associate McCabe, Michael E Associate 0.30 0.20 0.40 Invoice No. 645220 Prebill No. 735281 Page No. 2 Fmt #04 19.50 13.00 60.00 0.10 15.00 McCabe, Michael E 0.10 15.00 Associate Williams, Brenda H. 0.30 19.50 Paralegal Williams, Brenda H. 0.30 19.50 Paralegal Williams, Brenda H. 0.30 19.50 Paralegal Williams, Brenda H. 0.30 19.50 Paralegal Williams, Brenda H. 0.20 13.00 Paralegal Williams, Brenda H. 0.10 6.50 Paralegal Williams, Brenda H. 0.40 26.00 Paralegal McCabe, Michael E 0.40 60.00 Associate McCabe, Michael E 0.20 30.00 Associate McCabe, Michael E Associate McCabe, Michael E Associate 0.20 30.00 0.30 45.00 • Okeechobee, City of March 21, 2016 02/24/16 Review confirmation email from India Riedel to GENEX, and draft email to GENEX requesting all file materials since inception. 02/24/16 Draft correspondence to India Reidel enclosing the executed Workers' Compensation Representation Agreement. 02/24/16 Execute correspondence to India Reidel enclosing the executed Workers' Compensation Representation Agreement. 02/25/16 Review email from GENEX requesting clarification on the scope of documents needed. 02/25/16 Draft response to GENEX re: all documents, records, correspondence and communications with physicians are needed. 02/25/16 Receipt and review of 26 page GENEX report regarding Nurse Case Manager assistance since 2010. 02/25/16 Draft correspondence to attorney Michael Celeste, explaining my representation and requesting telephone conference to discuss delaying any unnecessary litigation. 02/25/16 Telephone discussion with Claimant's attorney, to explain history of claim, request 30 days before entering into potentially unnecessary litigation, and confirm Claimant's concerns regarding health insurance liens being resolved, if necessary. 02/25/16 Review email from India Riedel, confirming that additional documents have been sent for my review. RANK Paralegal Associate Invoice No. 645220 Prebill No. 735281 Page No. 3 Fmt #04 McCabe, Michael E 0.20 30.00 Associate McCabe, Michael E Associate McCabe, Michael E Associate 0.10 15.00 0.10 15.00 McCabe, Michael E 0.10 15.00 Associate McCabe, Michael E 0.10 15.00 Associate McCabe, Michael E 0.60 90.00 Associate McCabe, Michael E 0.20 30.00 Associate McCabe, Michael E 0.80 120.00 Associate McCabe, Michael E 0.10 Associate TIMEKEEPER SUMMARY TIMEKEEPER Williams, Brenda H. McCabe, Michael E HRS. RATE 3.20 65.00 I/6.70 150.00 TOTAL FEES: 15.00 AMOUNT $208.00 $1005.00 1,213.00 Okeechobee, City of March 21, 2016 Disbursements: Invoice No. 645220 Prebill No. 735281 Page No. 4 Fmt #04 ** NO DISBURSEMENTS WERE CHARGED TO THIS MATTER IN THE CURRENT BILLING PERIOD** TOTAL AMOUNT: $1,213.00 Okeechobee, City of March 21, 2016 CURRENT INVOICE SUMMARY Invoice No. 645220 Prebill No. 735281 Page No. 5 Summary of Charges Rendered on this Invoice: Current Fees: 1,213.00 Current Disbursements: 0.00 Total Charges for this Invoice: $1,213.00 LESS: Trust Funds Applied to this Invoice -0.00 Balance Due this Invoice Outstanding Accounts Receivable: TOTAL AMOUNT DUE THIS MATTER: CURRENT TRUST ACTIVITY Payment for services is due upon receipt of Invoice. Please make your check payable to Henderson, Franklin, Starnes & Holt, P.A. Please indicate our file number of 31016/1 and remit to Henderson, Franklin, Starnes & Holt, P.A. Attn: Accounting Dept. Post Office Box 280 Fort Myers, FL 33902 -0280 $1,213.00 $0.00 $1,213.00 Okeechobee, City of March 21, 2016 HISTORY OF INVOICE(S) (Does not include current invoice.) Marcos Montes De Oca Invoice No. 645220 Prebill No. 735281 Page No. 6 Bill Date Bill No. Total Hrs Fees Costs Bill Amount Pmts Received Balance Due PREVIOUS INVOICE TOTALS: 1100 $0.00 $0 00 10_012 $0 00 SO 00 Payment for services is due upon receipt of Invoice. Please make your check payable to Henderson, Franklin, Starnes & Holt, P.A. Please indicate our file number of 31016/1 and remit to Henderson, Franklin, Starnes & Holt, P.A. Attn: Accounting Dept. Post Office Box 280 Fort Myers, FL 33902 -0280