McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.

Department of Labor and Employment Sec. Div. of Workers' Compensation v. Circle T-Bone Ranch

439 So.2d 993, (Fla.App. 1 Dist., Oct 26, 1983)

The question in this case is whether the Division of Workers' Compensation is entitled to recover costs of an appeal when the claimant prevails but the claimant's attorney is denied attorney's fees. Court determined under this circumstance that claimant had prevailed although attorney's fees were denied on appeal and accordingly the Division was entitled to reimbursement of the costs that it had paid pursuant to a petition for insolvency. The burden of insuring that the Division's costs were included in the settlement was on the employer/carrier.Claimant appealed DC's order denying benefits and qualified under insolvency petition requiring Division to pay for cost of appeal. Case thereafter remanded and settled between parties. DC denied cost assessment filed by Division determining that had the case been decided by district court the employer/carrier would have prevailed thus not allowing the claimant to collect costs. Court reversed holding that employer/carrier was liable to Division for payment of these costs. The burden of insuring that the Division's costs were included in the settlement was on the employer/carrier.When W/C case is settled upon remand from district court of appeal it is the burden of the employer/carrier to include in the settlement negotiations a provision for the payment of the Division of Workers' Compensation for payment of insolvency appellate costs. DC does not have the authority to determine that the Division of Workers' Compensation should not be reimbursed its costs based on the fact that the employer/carrier would have prevailed on appeal.

Cases

Workers' Compensation

Department of Labor and Employment Sec. Div. of Workers' Compensation v. Circle T-Bone Ranch