By Florida law, unsuccessful parties in court cases are held responsible for the litigation and related costs of the prevailing party—and a recent ruling by Florida's First District Court of Appeals raises questions about whether that statute might deny injured workers their right to bring suit in Workers' Compensation cases. The ruling may also have implications for insurers seeking to collect from those unsuccessful claimants.
On Oct. 5, the First District Court of Appeals called on the Florida State Legislature to consider just such a matter after the former ruled in Frederick v. Monroe County Sch. Bd.
In that case, the claimant, Gina Frederick, voluntarily dismissed her claim for permanent total-disability benefits when an expert medical advisor testified that she was not permanently disabled. Because the insurance carrier technically won the case, Frederick was required to pay the defendant's litigation costs—but the court deemed the assessment and related consequences unfair.
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