Resources

JCC Weiss (Ft. Myers)(Tim Stanton) (10-1-2025) – Granted E/C’s request for reimbursement of reasonable costs. The E/C sought costs of $8,761.65 as the prevailing party from a final compensation order in 2023. However, the claimant challenged the validity of the verified motion as well as the adjuster’s affidavit, arguing that neither was properly verified under section 92.525 since they were not notarized. The adjuster and both Rex Hurley and Tim Stanton chose to self-authenticate by properly signing in accordance with 92.525(2), while counsel for the... View More

JCC Clark (Ft. Myers) Tim Stanton (9-24-2025) Awarded contested costs. Although the claimant filed a pleading titled Amended Verified Objection to Motion to Tax Costs, the pleading argued that the E/C was not a prevailing party, but did not satisfy the requirements of Rule 60Q-6.124(3)(b) as it did not include a detailed recitation of all matterswhich were disputed in the form outlined in sub-paragraph 3(a) 1 – 6. As such, the Judge accepted the allegations in E/C’s Verified Motion as true. The JCC found that... View More

Updated 10/20/25 Cobb v. TECO Energy, Inc., ___So.3d___ (Fla.1st DCA 10/15/25)Temporary Benefits/Misconduct Defense The DCA affirmed the JCC’s denial of TPD benefits based upon the claimant’s termination for misconduct but wrote to clarify the use of the definition of misconduct found in unemployment proceedings (F.S.s. 443.036(29) applicable in WC proceedings (F.S.s 440.02(18).  In this case, the parties cited to multiple cases interpreting the application of “misconduct.” However, the prior opinions related to the version found in Chapter 443 as of 2004.... View More

Updated 9/19/25 Murphy v. Polk County BOCC/Commercial Risk, ___So.3d ___(Fla.1st DCA 9-3-25)Statute of Limitations/Reservation on Attorney Fees and Costs In a lengthy opinion, the DCA held that in determining whether the Statute of Limitations (SOL) has run, dismissal of a PFB reserving as to fees and costs (but where no benefits were provided) will not toll the statute.  However, if there were benefits provided pursuant to the dismissed PFB, a reservation on fees and costs may toll the SOL.  In the... View More

JCC Kerr (Miami) (Evan Heffner) (8-29-2025) – Granted E/C’s Motion to Tax Costs. The E/C sought payment of costs in the amount of $4,254.85 incurred for preparing for the Final Hearing. The claimant argued that since both parties were prevailing parties on different PFBs, he should not bear the cost of the discovery. The claimant made no argument regarding proration of the cost of the depositions. The JCC awarded taxable costs to the E/C in the amount of $3,954.85.  Click... View More