F.A. Richard & Associates v. Fernandez

F.A. Richard and Associates and Palm Beach County School Board, employer/carrier (E/C), appeal an order denying the E/C’s Motion to Tax Costs after prevailing in the proceedings before the Judge of Compensation Claims (JCC). The issue before us is whether the JCC erroneously denied the E/C’s Motion to Tax Costs pursuant to section 440.34(3), Florida Statutes (2005), where the E/C failed to plead entitlement to such costs. We determine that pleading entitlement to costs is not a prerequisite to collecting costs pursuant to the statute and, thus, reverse.

On January 12, 2006, claimant filed a…