Article ID: 58c3464a16e472cc7f1725ba5e6e57ccf27be0b4fed424a459d4722d93a39f40
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URL: https://www.businessinsurance.com/guardianship-costs-tied-to-workers-comp-claim-reimbursable-court/
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Guardianship costs tied to workers comp claim reimbursable: Court - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Guardianship costs tied to workers comp claim reimbursable: Court by Louise Esola Workers Comp , Workers Comp Coverage Aug 28, 2026 An employer and insurer may be required to reimburse guardianship expenses incurred to enable an incapacitated worker to pursue workers compensation benefits, a Florida appeals court ruled. In Fish v. Extreme Enterprises of Marion County Inc. d/b/a Extreme Lawn Care and AmTrust North America of Florida, the Florida 1st District Court of Appeal on Wednesday set aside a judge of compensation claims’ order denying reimbursement and remanded the case. Joseph Reed suffered a catastrophic traumatic brain injury in July 2022 when he was struck by a motor vehicle while operating a utility vehicle and edging grass along a highway. Because Mr. Reed was incompetent, workers compensation proceedings were suspended while his mother, Kimberly Fish, pursued appointment as his guardian in circuit court. A judge found that guardianship was necessary for Mr. Reed to receive compensation and exercise his rights under Florida’s workers comp law. After Ms. Fish was appointed guardian, she sought reimbursement for $2,428.09 in guardianship expenses and $10,500 in fees paid to the attorney who handled the guardianship proceeding. The compensation judge denied the request, finding, among other things, that the legal services had been performed in the guardianship case rather than before the workers comp court. The appeals court said that interpretation was too narrow. Expenses may be reimbursable when the services are “inherently linked” to the workers comp case and are required to pursue benefits, even when they are performed outside the formal workers comp proceeding, the court said. The court noted that Mr. Reed’s incapacity resulted from his compensable workplace injury and that the comp case could not proceed until a guardian had been appointed. The court remanded the case for reimbursement of the guardianship expenses and consideration of Ms. Fish’s outstanding claim for attorney fees and costs incurred litigating the reimbursement issue. 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