The Court has finally acted on the motion for reasonable attorney’s fees in the matter of Swisher v. City of Moses Lake. The Judge has advised Joe Fischnaller, by letter, that he has granted the motion and awarded $6,425.00 in attorney’s fees against the City of Moses Lake. On Feb. 5th Joe will submit a Findings of Fact, Conclusions of Law, and Order for the Judges signature.  Once the Findings is signed and the Court enters the Order, Moses Lake City Council will authorize payment and issue a check at their next Council meeting.  When the check is issued, the matter will finally be over. 

This matter required four hearings to complete.  A lot more than anyone expected.

Joe believes that this result should, have the effect of making other LEOFF I employers think twice before they refuse to pay small healthcare expenses approved by a local Disability Board.   Joe says, "This will put them on notice that if they fail or refuse to pay any healthcare bill approved by a Disability Board, the LEOFF I member will likely recover not only the amount of the healthcare expense, but their attorney’s fees and court costs, as well. This makes a LEOFF I employer’s refusal to pay such expenses a very expensive path to take."

Update from Joe Fischnaller as of 2/5/2010

Today was the hearing to present for signature by the Judge the final order granting our motion for reasonable attorney’s fees against the City of Moses Lake. The Judge has now signed the order granting reasonable attorney’s fees in the amount of $6,425.00, which is in addition to the earlier judgment in which he granted the Motion for Summary Judgment against the City of Moses Lake for the full amount of the dental expenses approved by the Grant County Disability Board, together with interest from the date of the Board’s approval of each expense and all filing fees, service of process fees, and all other court costs associated with the action. In addition, we the judge awarded a permanent injunction against the City of Moses Lake requiring the City to promptly pay all future healthcare expenses that have been approved by the Grant County Disability Board and not appealed by the City in a timely fashion.

From now on, any LEOFF I employer who chooses to ignore a Disability Board Order approving any kind of healthcare expense will know that they will not only be required to pay the expense to the employee or retiree, but substantial court costs and attorney’s fees incurred by the member, as well.