Victor Soca v. Advanced Auto Parts and Sedgwick Claims etc.

In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) denying his motion for sanctions as premature. For the reasons below, we reverse the order.

Claimant sustained compensable injuries from gunshot wounds he suffered during a robbery of his Employer. He filed three petitions for benefits (PFBs) but withdrew them when the Employer/Carrier (E/C) promptly provided the requested benefits. The E/C, believing it was the “prevailing party” as to the claims, moved to tax costs against Claimant. See § 440.34(3), Fla. Stat. (2009). Claimant, believing…