Legal Opinion

Hernandez v. Manatee County Government/Commercial Risk Management, Inc.

District Court of Appeal of Florida

Decided December 8, 2010No. 1D10-0738PublishedCited by 2 opinions

1Opinion of the CourtThomas, J.

In this workers’ compensation appeal, Claimant argues that the judge of compensation claims (JCC) erred in awarding certain costs to the E/C as a prevailing party after the JCC denied Claimant’s 2008 petition for benefits (PFB). The JCC awarded costs incurred for depositions taken prior to the filing of the 2008 PFB, in *58which the Claimant sought permanent total disability benefits. Claimant argues the doctrine of res judicata prohibits this award, because the JCC had previously denied the E/C’s request for payment of these costs in connection with a 2007 PFB, pursuant to which the Claimant…

2Cases cited6 opinions

  1. Boynton Landscape v. DickinsonDistrict Court of Appeal of Florida · 2000
  2. Moore v. Hillsborough County School Bd.District Court of Appeal of Florida · 2008
  3. Nelson & Co. v. HoltzclawDistrict Court of Appeal of Florida · 1990
  4. NILO v. FugateDistrict Court of Appeal of Florida · 2010
  5. F.A. Richard & Associates v. FernandezDistrict Court of Appeal of Florida · 2008

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Marton v. Florida Hospital Ormond Beach/Adventist Health SystemsDistrict Court of Appeal of Florida · 2012
  2. Jennings v. Habana Health Care CenterDistrict Court of Appeal of Florida · 2015

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