Put it in Practice September 2023: Monthly Tips for Florida WC Professionals

COSTS, TO PAY OR NOT TO PAY?

Should the employer/carrier always stipulate to payment of costs when responding to a petition for benefits?  The answer is NO. 

Many adjusters routinely stipulate payment of costs so that the claimant’s attorney cannot seek fees for the denial of costs.  Typically, on a compensable case, it is smart to agree to entitlement to taxable costs to limit fee exposure on costs.  However, there are instances when they should be denied.

• If the case is totally controverted then we should not agree to taxable costs because we are denying the entire case. 

• If a particular benefit requested in a petition is denied then we should not agree to the payment of costs. 

Agreeing to the payment of costs should be on a case-by-case basis and not routine.  If in doubt, please feel free to call us.

As always, if you have any questions on this topic, please feel free to reach out to one of us at HR Law. This month’s author is Greg White, mailto:gwhite@hrlawflorida.com