Clark v. Amazon.com Services, LLC; Zurich American Insurance Company
CourtDistrict Court of Appeal of Florida
Date FiledOctober 7, 2026
Docket1D2026-0971
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D2026-0971
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AMANDA CLARK,
Appellant,
v.
AMAZON.COM SERVICES, LLC;
ZURICH AMERICAN INSURANCE
COMPANY; and SEDGWICK CMS,
Appellees.
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On appeal from the Office of the Judges of Compensation Claims.
Brian J. Anthony, Judge.
Date of Accident: April 18, 2022.
October 7, 2026
ON MOTION FOR REVIEW OF INSOLVENCY DETERMINATION
PER CURIAM.
During the pendency of this workers’ compensation appeal,
the Judge of Compensation Claims (JCC) denied Claimant’s
petition for relief from the cost of the record on appeal, and
Claimant sought review. We reverse.
The JCC’s thoughtful nine-page order explains that, although
Claimant’s financial affidavit discloses her husband’s $1700-a
month contribution to household expenses, her admission on cross-
examination that he earns $3200 per month reveals that she did
not “satisfy all the requirements” of statute or comply with the
applicable appellate rule. Section 440.25(5)(b), Florida Statutes,
notes that “[f]ailure to state in the affidavit all assets and income,
including marital assets and income, shall be grounds for denying
the petition with prejudice.” And Florida Rule of Appellate
Procedure 9.180(g)(3)(D) uses equally forceful language: “With the
verified petition to be relieved of costs, the appellant must file a
sworn financial affidavit listing income and assets, including
marital income and assets, and expenses and liabilities.”
But Claimant argues that “marital assets and income” are not
solicited by the affidavit form suggested by the Office of the Judges
of Compensation Claims (OJCC). This form, titled “Financial
Affidavit in Support of Verified Petition for Relief from Paying
Costs” (item 12 at https://www.jcc.state.fl.us/JCC/forms/, visited
September 10, 2026), instead states, “If anyone contributes to your
income or helps pay your expenses, complete the following,” then
designates only three fields: “Name of Contributor; Relationship to
Claimant/Appellant; Total Monthly Amount of Contribution.” The
appendix in the appellate docket confirms that Claimant
“completed every field on the official form exactly as written.” In
other words, the form provided by OJCC does not include all the
necessary information required by the statute. Claimant suggests
that correctly completing the provided form should not be used as
a basis for denial.
The JCC acknowledged that he “must look at the totality of
circumstances” in determining insolvency, yet he concluded that
he is “constrained” by statute. The totality of circumstances in this
case, however, includes not just the affidavit but also the
discrepancy between statute and the OJCC’s form—not to mention
Claimant’s sworn testimony of her spouse’s income (which might
cure its absence on the affidavit), her testimony that his income
was wholly inaccessible to her, and the JCC’s own finding that the
workers’ compensation benefits at issue would accrue solely to
Claimant and not her spouse. The true remedy here is to fix the
form. In the meantime, we reverse the order and remand for the
JCC to reconsider the totality of the circumstances.
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REVERSED and REMANDED.
LEWIS, M.K. THOMAS, and LONG, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Amanda Clark, pro se, Appellant.
No appearance for Appellees.
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