The Dirty Little Secret About Taxable Costs in Workers’ Compensation Cases
In 2003, one of the most significant changes to the workers’ compensations statute, allows employer/carrier’s to file a claim for costs if the employer/carrier prevails in a workers’ compensation claim. In Orange County vs. Nue, (45 Florida Law Weekly d1431 (June 25, 2010)) fire fighter Nue was sued by Orange County Fire and Rescue asking for costs after he lost his workers’ compensation case. The Judge of Compensation Claims entered and order tax and costs in the amount of $2,594.99 against him and when he failed to pay the costs, Orange County filed what’s called a Petition for Rulinisi under Section 440.24. The trial court found that it lacked jurisdiction to issue a Rulinisi on behalf of the employer/carrier and the 1st District Court of Appeals has affirmed that decision. Unfortunately, nothing can prevent the county from trying to enforce the judgment by filing the judgment in county court and then seeking to execute on the judgment.
The court correctly ruled that the employer/carrier could not use a Petition of Rulinisi to recover costs.
If you are first responder who has a workers compensation claim, contact first responders attorney Nancy Cavey who represents first responders throughout the state. If you need helpful information, call us today at 727-894-3188 to begin your claim.