Aguilar v. Kohl's Department Stores, Inc.

In this workers’ compensation case, Claimant challenges a ruling of the Judge of Compensation Claims (JCC) denying her claim for entitlement to prevailing party costs under section 440.34(3), Florida Statutes (2007). For the reasons that follow, we reverse the ruling on costs, and remand for further proceedings.

The claims before the JCC for adjudication included authorization of psychiatric care with Dr. Walker, payment for Dr. Walker’s past care, temporary indemnity benefits, penalties and interest on late payment of indemnity benefits, attorney’s fees, and costs. In the final order, the JCC…