Ayala v. Skampa Renovating & Painting / CCMSI

JCC Clark (Fort Myers)(Greg White)(2-1-22) – Awarded E/C costs of  $1,690.20 out of $2,040.20 sought by the E/C. The claimant’s attorney filed two PFBs and later filed notices of resolution for both, thereby not pursuing two other benefits that were on the petition. The E/C argued that the claimant abandoned her claims for the aforementioned benefits by filing the NOR and, thereby making the E/C the prevailing party on those issues. The JCC distinguished between entitlement to costs vs. entitlement to fees stating that the latter are restorative and not punitive. Providing benefits “timely” is irrelevant for purposes of awarding costs and awarding costs is not limited to finding that only one party prevailed. The JCC awarded all costs as reasonable with the exception of a conference with the authorized provider, where it was deemed not necessary to the litigation.    Click here to view Order