Disability Law

Employer Entitled to Costs Even Though it Did Not Plead Entitlement

By David A. McCranie, Esq.

One of the many changes enacted by the 2003 legislature was an amendment to §440.34(3), Fla. Stat., which, for the first time, allowed an employer/carrier to recover its litigation costs from an unsuccessful claimant.  Must the employer/carrier specifically plead entitlement to costs in the pretrial stipulation in order to recover them? No, said the First DCA in F.A. Richard and Associates v. Fernandez, reversing the JCC's conclusion to the contrary.

Full post as published by Florida Workers’ Compensation Law Blog on March 11, 2008 (boomark / email).