Shear Homes, Inc. v. Sheppard

In this workers’ compensation case, the employer seeks review of an order requiring it to pay attorney fees and costs to the claimant’s attorney. The employer argues that the claimant waived any right to recover attorney fees and costs from it when the claimant elected to seek benefits from the Florida Workers’ Compensation Insurance Guaranty Association (FWCIGA) after the self-insured workers’ compensation fund which had insured the employer became insolvent. We agree that such a conclusion is mandated by section 631.929, Florida Statutes (1997), and, accordingly, reverse.

In 1993, the…