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: Florida Workers’ Compensation Law BlogE/C Entitled to Costs Where Claimant Files Voluntary Dismissal
By David A. McCranie, Esq.
Under the 2003 amendment to §440.34, costs are awardable against the "nonprevailing party" in workers' compensation litigation. Is the claimant the "nonprevailing party" when he voluntarily dismisses his petition for benefits short of an order on the merits of the petition? Yes, said the First DCA in Palm Beach County School District v. Ferrer, decided on 8/4/2008.
Full post as published by Florida Workers’ Compensation Law Blog on August 05, 2008 (boomark / email).
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