ALI v. AMERICAN AIRLINES CMS (2021)

District Court of Appeal of Florida, First District.

Amer ALI, Appellant, v. AMERICAN AIRLINES and Sedgwick CMS, Appellees.

No. 1D20-987

Decided: March 17, 2021

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 filed three petitions for benefits, and the Employer/Carrier quickly thereafter provided benefits. Claimant then sought attorney's fees and costs related to the PFBs, but the Judge of Compensation Claims denied Claimant's request. We reverse the denial of costs.

The law mandates awards of costs to prevailing parties, and Claimant is the prevailing party because the specific benefits requested were provided only after Claimant filed the PFBs. Attorney's fees and costs incurred in obtaining an award of costs may also be awarded. See § 440.34(3), Fla. Stat. (2011); Valle v. Am. Airlines, 308 So.3d 1056 (Fla. 1st DCA 2020) (reversing for award of costs, and any fees and costs related to securing those costs, on nearly identical facts); Jennings v. Habana Health Care Ctr., 183 So. 3d 1131, 1133–34 (Fla. 1st DCA 2015) (defining prevailing party and affirming entitlement to costs). 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.

Lewis, Bilbrey, and Kelsey, JJ., concur.

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