Procedural rules for adjudication of workers' compensation claims were implemented on February 23, 2003, pursuant to the mandate in section 440.45, Florida Statutes, that the Division of Administrative Hearings adopt procedural rules. Amendments to ...

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Administrative Hearings

RULE NOS.:RULE TITLES:

60Q-6.101Scope

60Q-6.102Definitions

60Q-6.103Pleadings and Proposed Orders

60Q-6.104Representation and Appearance of Counsel

60Q-6.105Commencing a Case; Subsequent Petitions

60Q-6.106Consolidation and Venue

60Q-6.107Amendment and Dismissal of Petition for Benefits

60Q-6.108Filing and Service

60Q-6.109Computation of Time

60Q-6.110Mediation, Generally

60Q-6.111Authority and Duties of Mediator

60Q-6.112Disqualification of Mediator

60Q-6.113Pretrial Procedure

60Q-6.114Discovery

60Q-6.115Motion Practice

60Q-6.116Prosecution of Claims and Petitions for Benefits

60Q-6.117Emergency Conferences

60Q-6.118Expedited Hearings

60Q-6.119Abbreviated Final Orders

60Q-6.120Summary Final Order

60Q-6.121Evidence

60Q-6.122Motion for Re-hearing and Amending or Vacating Order

60Q-6.123Settlements Under Section 440.20(11), Florida Statutes

60Q-6.124Payment of Attorney's Fees and Costs Other Than Pursuant to Section 440.20(11), Florida Statutes

60Q-6.125Sanctions

60Q-6.126Disqualification or Recusal of Judges

60Q-6.127Procedure for Relief from Appellate Filing Fee and Costs

60Q-6.128Destruction of Obsolete Records

PURPOSE AND EFFECT: Procedural rules for adjudication of workers’ compensation claims were implemented on February 23, 2003, pursuant to the mandate in Section 440.45, Florida Statutes, that the Division of Administrative Hearings adopt procedural rules. Amendments to the rules have previously been made in 2006, 2010, 2012, and 2013. Since Sections 440.015 and 440.44(2), Florida Statutes require that the workers’ compensation system be efficient and self-executing and that the Division of Administrative Hearings assume an active and forceful role in achieving that goal, it is necessary to amend the existing rules to incorporate changes that will improve the adjudicatory process based upon experience in utilizing the existing rules.

SUBJECT AREA TO BE ADDRESSED: The procedural rules applicable to workers’ compensation adjudications before the judges of compensation claims.

RULEMAKING AUTHORITY: 61.14(8)(a), 440.25(4)(h), 440.25(4)(i), 440.44(7), 440.45(1)(a), 440.45(4) FS.

LAW IMPLEMENTED: 61.14(8)(a), 440.105(3)(c), 440.192, 440.20(11), 440.25(1)-(4), 440.271, 440.29(2), 440.30, 440.32, 440.33(1), 440.33(2), 440.34, 440.345, 440.44(7), 440.442, 440.45(1)(a), 440.45(4), 440.45(5) FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Friday, July 11, 2014, 12:00 p.m. ‒ 2:00 p.m. (11:00 a.m. ‒ 1:00 p.m. Central Time)

PLACE: (on site telephonic connections with rotating video teleconferencing): 700 S. Palafox Street, Suite 305, Pensacola, Florida; 1809 Art Museum Drive, Suite 200, Jacksonville, Florida; 400 W. Robinson Street, Suite 608-North, Orlando, Florida; 6497 Parkland Drive, Suite M, Sarasota, Florida; 4500 N. State Road 7, Building I, Suite 200, Lauderdale Lakes, Florida; 401 N.W. Second Avenue, Suite N918, Miami, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Lisa Mustain, Administrative Services Director, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Loretta Sloan, Executive Assistant, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, [phone], ext. 221 or through the Internet at www.doah.state.fl.us or www.fljcc.org

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.