Case Law Update August 2026
Fish v. Extreme Enterprises/AmTrust,___ So.3d___ (Fla.1st DCA 8/26/26)
Reimbursement of Guardianship Fees/Costs
The DCA reversed the JCC’s order denying reimbursement of guardianship expenses. The guardian/mother of the injured worker (who suffered a traumatic brain injury) retained counsel for W/C benefits. Counsel filed PFBs and sought assistance from the E/C with guardianship proceedings, which the E/C denied. The claimant’s mother was ultimately appointed as the guardian and incurred expenses related to the guardianship process of over $2,428.09 in costs and $10,500.00 to the attorney handling the circuit court guardianship proceedings. The claimant sought reimbursement of such costs, which the JCC denied based on multiple grounds. The DCA noted that although prior case law has held expenses related to obtaining a guardianship in WC are recoverable, this opinion sought to clarify the standard to determine what expenses are recoverable. After analyzing prior case law, they held that the expenses were linked to the W/C case, and after the circuit court had determined a reasonable fee/costs of the guardianship, the JCC has authority to determine what portion of such costs are inherently linked to the WC proceeding. The DCA remanded for a final determination of such fees and costs for the guardianship, and separate fees and costs under F.S. 440.34. Click here to view Opinion