First, my apologies for the lack of posts.  I’ve been in my ‘Comp Cage working feverishly on another appeal.

Now back to business.   Some time ago I proposed that the only way to enforce an order to tax costs against a Claimant under chapter 440 is to seek a dismissal of the pending petitions.  This is what I wrote in a prior post:

“. . . an order to tax costs against a Claimant can be enforced, albeit in a procedural way.  Until Claimant complies with the order–that is, pay back the E/C its taxable costs–the JCC can dismiss any pending claim or suspend benefits.  There is even case law to back this up.   The statute may not give the E/C a specific right to collect taxable costs, but it does give the JCC powers to freeze the Claimant out of the courthouse.”

My thought process was that through s. 440.24(4), an E/C could still enforce an order to tax costs.   This is still possible, but the First DCA puts a big caveat before such a dismissal can be achieved. (more…)