Ronald Frankel v. Loxahatchee Club, Inc. and Amerisure etc.

In this workers’ compensation appeal, Claimant essentially raises two issues: (1) Whether the Judge of Compensation Claims’ (JCC’s) apportionment findings, grounded in paragraph 440.15(5)(b), Florida Statutes (2013), are supported by competent, substantial evidence, and if not, whether the award of prevailing party costs to the Emplqyer/Carrier (E/C) was also made in error; and (2) if the JCC did not err in applying the apportionment provisions of paragraph 440,15(5)(b), then that provision is an unconstitutional violation of Claimant’s right to access to courts. -

Background

Claimant, age 68…