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...

Read Full Story: https://news.google.com/rss/articles/CBMi0gFBVV95cUxPanA1dzdoYkZDYk9wYWZzWVhT...