Court Urges Change in Florida Workers’ Compensation Law

An appellate court is urging the Florida Legislature to reconsider a state law that makes injured employees pay employers’ legal costs if they lose good faith workers’ compensation appeals.

A three-judge panel of the 1st District Court of Appeal in Tallahassee made that recommendation in upholding such an order. It requires Gina Frederick to pay the Monroe County School District $11,834.

There’s no dispute Frederick was hurt on the job, but two doctors disagreed on whether she had a permanent total injury. A medical adviser appointed by a compensation claims judge, though, offered the opinion she’s not totally and permanently injured.

Frederick then withdrew her claim but still was ordered to pay the district’s costs. The court noted the law on the other hand limits fees for workers’ lawyers.