Posted on August 5, 2008 by David McCranie

E/C Entitled to Costs Where Claimant Files Voluntary Dismissal

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.

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