May 2010

I’ve recently had this discussion with a few Claimant attorneys and their position regarding section 440.34(3), which gives the “prevailing party” the right to seek taxation of costs against the opposing party.  As many fans of this blog know, the First DCA ruled that such a provision does apply to Employer/Carriers and that even a mere dismissal of a PFB renders an E/C the “prevailing party.”

Now these Claimant attorneys are not disputing these rulings.  They are contending that the section is “toothless” in terms of an Employer/Carrier trying to enforce a judge’s order to tax costs against a Claimant.  (more…)

The Statute of Limitations is the one disputed area of Workers’ Comp law that never gets old.  At least the First DCA thinks so.  Over the past few years the Court has been proactive in fine tuning section 440.19.  My own experience is evidence to that. 

Now comes a new wrinkle that adjusters must be aware of.