SHARON COLEMAN, APPELLANT,
v.
AMERICAN AIRLINES AND SEDGWICK CLAIMS MANAGEMENT SERVICES, APPELLEES
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In this workers' compensation case, the Florida First District Court of Appeal reviewed a Judge of Compensation Claims' award of taxable costs to the employer/carrier. The court modified the award by excluding costs for unnecessary condensed deposition transcripts while affirming the remainder of the cost award.
The court affirmed the cost award in part but modified it to exclude $150.00 in costs for condensed transcripts, reducing the total award to $2,495.70. The court found that condensed versions of deposition transcripts incurred in addition to the original and one copy of the depositions were not reasonable and not recoverable under Florida law.
[1] A prevailing party in a workers' compensation case is entitled to reimbursement of all reasonable costs.
[2] Awards of specific costs in workers' compensation cases are generally reviewed for abuse of discretion.
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Join FLexlaw to unlock all legal intelligence“a prevailing party is entitled to reimbursement of all reasonable costs”
Establishes the fundamental legal standard for taxable costs under section 440.34(3), Florida Statutes
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Join FLexlaw to unlock all legal intelligenceSharon Coleman, a claimant in a workers' compensation case, appealed a cost award made against her by the Judge of Compensation Claims. The JCC awarde…
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In this worker’s compensation case, Claimant appeals the Judge of Compensation Claims’ (JCC’sj award of $2,645.70 in taxable costs payable by Claimant to the Employer/Carrier (E/C) under section 440.34(3), Florida Statutes (2011). Under section 440.34(3), a prevailing party is entitled to reimbursement of all reasonable costs. See, e.g., Punsky v. Clay Cnty. Bd. of Cnty. Comm’rs, 60 So.3d 1088, 1093 (Fla. 1st DCA 2011) (holding that award of all reasonable costs of litigation to prevailing party is mandatory under section 440.34(3)). In this appeal, Claimant challenges a limited portion of the total award, asserting that some of the costs claimed were unreasonable and not recoverable under Florida law.
An award of specific costs is generally reviewed for abuse of discretion. Marbon v. Fla. Hosp. Ormond Beach, 98. So.3d 754, 756 (Fla. 1st DCA 2012) citing Punsky, 60 So,3d at 1092. In reviewing, a discretionary act, the appellate court should apply the “reasonableness test” to determine whether the trial judge abused his discretion. Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980). We agree with Claimant that the costs reasonably necessary to defend the claims here would not include the cost of the condensed versions of deposition transcripts which was incurred in addition to the cost for the original and one copy (i.e., a third. copy of the depositions). Finding no merit in the other challenges raised by Claimant, we MODIFY the order below to exclude the $150.00 in costs for the condensed transcripts and to award the E/C the sum of $2,495.70 in taxable costs. The order, as MODIFIED, is AFFIRMED.
THOMAS, MARSTILLER, and BILBREY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Punsky v. Clay Cnty. Bd. OF Cnty. Comm'rs & Scibal Assocs., 60 So. 3d 1088 (Fla. 1st DCA 2011)