VALLE v. AMERICAN AIRLINES (2020)

District Court of Appeal of Florida, First District.

Mark VALLE, Appellant, v. AMERICAN AIRLINES and Sedgwick, Appellees.

No. 1D19-4201

Decided: December 30, 2020

Toni L. Villaverde of Toni L. Villaverde, PLLC, Coral Gables, for Appellant. Michael A. Hernandez of Jones, Hurley & Hand, P.A., Miami, for Appellees.

Claimant Mark Valle appeals an order of the Judge of Compensation Claims denying entitlement to Employer/Carrierpaid attorney's fees and costs. We reverse on the issue of entitlement to costs, and to any associated attorney's fees and costs incurred in establishing that entitlement. Costs awards to prevailing parties are mandatory, and Claimant is the prevailing party because the benefit was not provided before the Employer/Carrier received the petition for benefits. See § 440.34(3), Fla. Stat. (2011); Jennings v. Habana Health Care Ctr., 183 So. 3d 1131, 1133–34 (Fla. 1st DCA 2015). We affirm the order as to the other issues raised on appeal without comment.

Affirmed in part, Reversed in part, and Remanded for further proceedings in accordance with this opinion.

Per Curiam.

Rowe, Winokur, and Nordby, JJ., concur.

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