Cases

Employer/carrier prevailed in hearing before JCC.  As prevailing party, employer/carrier was awarded costs which included those related to the taking of depositions prior to the filing of a petition for benefits for permanent total compensation.  The JCC had previously denied the employer/carrier the right to tax costs for these deposition expenses since benefits had been awarded in a previous petition for which these costs were incurred.  An award of costs is reviewed for abuse of discretion.

Claimant argued that based on the doctrine of res judicata, since the employer/carrier had been denied the taxation of costs in previous proceedings and based on the doctirine of res judicata, such denied costs should not be awarded in these proceedings.  Court rejected this argument based on the fact that workers' compensation proceedings are serial in nature and in some instances matters litigated in one petition can thereafter be relitigated.  In this case,  costs awarded arose in the hearing concerning the petition for permanent total benefits although the same costs were incurred in a prior petition related to the award of medical.  (These costs were denied in the prior hearing since benefits had been awarded.)  Accordingly, res judicata did not bar the award of costs for this proceeding.