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JONES v. ROYALTY FOODS, INC.

No. 1D11-1468.

82 So.3d 1162 (2012)

Stanley JONES, Appellant, v. ROYALTY FOODS, INC. and Gallagher Bassett Services, Appellees.

District Court of Appeal of Florida, First District.

March 12, 2012.

Attorney(s) appearing for the Case

Roland P. Tan, Jr. , Orlando, for Appellant.

L. Barry Keyfetz of L. Barry Keyfetz, P.A., Miami, for Florida Workers Advocates and the Workers Injury Law & Advocacy Group, Amicus Curiae in support of Appellant.

Kelli B. Hastings and Geoffrey Bichler of Bichler, Clelland, Oliver, Kelley, Hastings, Longo, Spears & Parrish, PLLC, Maitland, for the Fraternal Order of Police, Amicus Curiae in support of Appellant.

William H. Roger and Gregory D. White of Hurley, Rogner, Miller, Cox, Waranch & Westcott, P.A., Winter Park, for Appellees.

VAN NORTWICK, J.

In this workers' compensation appeal, Stanley Jones, claimant, argues that the Judge of Compensation Claims (JCC) erred in dismissing his petitions for benefits as a sanction for nonpayment of an earlier award of prevailing party costs to Royal Foods, Inc., and Gallagher Bassett Services (jointly the Employer/Carrier). Because the JCC did not find that the claimant's conduct was willful, deliberate or contumacious, we agree and reverse.

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