September 4, 2012
Anthony M. Frabizzio. Esquire John J. Ellis, Esquire Heckler & Frabizzio
Walt F. Schmittinger, Esquire Schmittinger & Rodriguez, P.A.
It is not disputed that claimant's counsel is entitled to attorney's fees for successfully defendant his client's award. The dispute is always as to the dollar amount.
The fees awarded are to be reasonable. 19 Del.C. §2350(f). Reasonableness is guided by General Motors Corp. V. Cox, 304 A.2d 55 (Del. 1973).
Claimant's counsel seeks $7, 200.62. This is for 1.8 hours for work by an associate at $250.00 per hour and 14.6 hours by counsel at $340.00 per hour. This totals $5, 414.00. This is a reasonable amount for this Superior Court appeal. I do not find the request for an additional one third to be reasonable, as there was nothing unique or complex in this case.
Therefore, claimant's attorney's fees in the amount of $5, 414.00 are awarded. IT IS SO ORDERED.
Very truly yours,
T. Henley Graves, Judge