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Division of Workers' Comp. v. Tucker

District Court of Appeal of Florida, First District
Apr 15, 1982
412 So. 2d 930 (Fla. Dist. Ct. App. 1982)

Opinion

No. AD-438.

April 15, 1982.

Appeal from the Division of Workers' Compensation, Division of Crimes Compensation.

George W. Butler, Jr., Bureau of Crimes Compensation, Tallahassee, for appellant.

Donald W. Stanley, Jr., of Knowlton Stanley, Tampa, for appellee.


Without being specific, the deputy commissioner awarded "out-of-pocket costs incurred by the claimant, pursuant to Section 960.08 of the Florida Statutes," in addition to other benefits under the Florida Crimes Compensation Act. In this appeal, the Bureau contends that this award of "costs" is not authorized by statute.

We construe the order as awarding proper Section 960.08 (1980 Supp.) expenses, which include only those costs relating to care and treatment or other services related to the injury. The statute does not empower a deputy to award costs of the litigation, such as attorney's fees, witness fees, or deposition expense. See Department of Labor and Employment Security v. Cade, 400 So.2d 171 (Fla. 3d DCA 1981).

As construed, the deputy's order is AFFIRMED.

JOANOS and THOMPSON, JJ., concur.


Summaries of

Division of Workers' Comp. v. Tucker

District Court of Appeal of Florida, First District
Apr 15, 1982
412 So. 2d 930 (Fla. Dist. Ct. App. 1982)
Case details for

Division of Workers' Comp. v. Tucker

Case Details

Full title:DIVISION OF WORKERS' COMPENSATION, BUREAU OF CRIMES COMPENSATION…

Court:District Court of Appeal of Florida, First District

Date published: Apr 15, 1982

Citations

412 So. 2d 930 (Fla. Dist. Ct. App. 1982)