RUSSELL TRENT, APPELLANT,
v.
CHARLOTTE SANITATION AND CNA CLAIMS PLUS, APPELLEES

Fla. 1st DCA | 2010-04-07
No. 1D09-5110
WEBSTER, PADOVANO, and ROBERTS, JJ., concur.
31 So. 3d 938 Florida District Court of Appeal, First District (2010) Positive Treatment
Cited by 2 cases
Topics
Prevailing Party Costs Costs Prevailing Party Worker'S Compensation

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In this workers’ compensation appeal, Claimant raises four points alleging error. We affirm the first three points without further comment; however, we reverse the fourth point, concerning the judge of compensation (JCC’s) award of costs to the employer/carrier (E/C).

Following a final hearing on Claimant’s petitions for benefits, the JCC ruled in favor of the E/C on all issues, and awarded the E/C costs payable by Claimant pursuant to section 440.34(3), Florida Statutes. On appeal, the E/C properly concedes the award of prevailing party costs was error because Claimant’s date of accident predates the October 1, 2003, version of section 440.34(3), which permits such an award. See Kaloustian v. Tampa Armature Works, Inc., 5 So.3d 753 (Fla. 1st DCA 2009) (holding the JCC reversibly erred in applying the post October 1, 2003, version of section 440.34(3) to a claim with a pre-October 1, 2003, date of accident). Consequently, that portion of the JCC’s order awarding the E/C prevailing party is reversed. In all other respects, the JCC’s order is affirmed.

AFFIRMED in part and REVERSED in part.

WEBSTER, PADOVANO, and ROBERTS, JJ., concur.

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Cited By

  • Candelario Carrillo v. Case Eng'g, Inc., 53 So. 3d 1214 (Fla. 1st DCA 2011)
    …ied the motion for rehearing in toto, thus letting the costs award stand. We now reverse the costs award, because the Workers’ Compensation Act in effect on the date of the accident did not authorize such an award. See Trent v. Charlotte Sanitation, 31 So. 3d 938 (Fla. 1st DCA 2010) (reversing award of costs to prevailing employer and carrier in case involving an accident that took place before October 1, 2003); Kaloustian v. Tampa Armature Works, Inc., 5 So. 3d 753, 754 (Fla. 1st DCA 2009) (concluding judge…

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