A mother spent thousands so her son could claim - then fought over who pays
A Florida appeals court said employers and their workers' comp insurers can be billed for setting up a guardian for an injured worker.
On August 26, 2026, the First District Court of Appeal ruled that guardianship expenses tied to pursuing a comp claim are reimbursable, and set aside a lower ruling that had denied a guardian her costs.
The case began on July 27, 2022, when a worker was struck by a motor vehicle while operating a "gator" vehicle to edge grass along a highway. He suffered a catastrophic brain injury. The court treated the accident as compensable - covered by workers' comp.
The worker's mother hired a workers' comp attorney to pursue benefits for her son. But the injury left him unable to handle his own claim, and the case stalled. A mandatory mediation in February 2024 was suspended because he had no guardian.
The attorney had asked the employer and its carrier for help getting a guardian appointed. They declined. The mother then hired a guardianship attorney, who petitioned the circuit court - the only court in Florida that can appoint a guardian. The process required a mental health screening and court fees. In June 2024, the circuit court declared the worker totally incapacitated and named his mother as guardian.
With a guardian in place, the comp case moved again and most claims were resolved. But when the mother sought reimbursement of the guardianship costs - $2,428.09 in proceedings expenses and $10,500 for the guardianship attorney's fee - the employer and carrier refused, arguing the compensation judge had no jurisdiction over guardianship costs.
The Judge of Compensation Claims agreed and denied the claim, reasoning the guardianship work fell outside the comp proceeding.
The appeals court disagreed. It found a causal link between the worker's compensable brain injury and the need for a guardian to pursue his benefits, which made the expenses reimbursable. Recoverable costs, the court said, are those "inherently linked" to the comp case and needed to pursue benefits, even if not performed in a formal comp proceeding.
The court also drew a jurisdictional line. A compensation judge cannot run the guardianship or set fees in it - that stays with the circuit court. But once the circuit court fixes a reasonable fee, the compensation judge decides what share is recoverable as tied to the comp claim.
The order was set aside and the case sent back to award the reimbursement and address the outstanding claim for attorney's fees and costs.
