Costs Awardable Against Non-Prevailing Claimant Even Where JCC Fails to Reserve Jurisdiction
As I discussed here, one of the legislative changes enacted in 2003 concerns the issue of costs in workers' compensation litigation. Formerly, §440.34(3) authorized an award of costs only in favor of a prevailing claimant in a workers' compensation proceeding. The 2003 amendment to the statute, however, authorizes an award of costs in favor of the prevailing party.
Construing this amendment in Guckenberger v. Seminole County, decided on 4/23/2008, the First DCA held that the JCC could award costs in favor of the prevailing employer/servicing agent and against the non-prevailing claimant even though he had not reserved jurisdiction to do so in his final compensation order. The claimant's challenge to the amendment on "public policy" grounds, said the court, was better addressed to the legislature.
