Amendments to procedural rules for adjudication of workers' compensation claims were implemented on October 31, 2012, pursuant to the mandate in section 440.45, Florida Statutes, that the Division of Administrative Hearings adopt procedural rules. ...

 

DEPARTMENT OF MANAGEMENT SERVICES
Division of Administrative Hearings

RULE NO.:RULE TITLE:
60Q-6.123Settlements Under Section 440.20(11), Florida Statutes
PURPOSE AND EFFECT: Amendments to procedural rules for adjudication of workers' compensation claims were implemented on October 31, 2012, pursuant to the mandate in Section 440.45, Florida Statutes, that the Division of Administrative Hearings adopt procedural rules. It came to the Division's attention that the final draft neglected to strike language intended to be removed as not necessary to the adjudication of workers' compensation appeals.
SUMMARY: The procedural rule revision strikes the unnecessary language concerning producing a certificate from claimant's counsel concerning efforts made to identify any liens since the rule already requires that such liens be identified.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The language being struck was fully discussed during a six-city rule development workshop conducted via video teleconference and telephone conference on January 4, 2013. The language was inadvertently left in the rule amendments that were adopted on October 31, 2012. The language being struck has no adverse economic impact on participants in the workers’ compensation system.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 61.14(8)(a), 440.45(1)(a), 440.45(4) FS.
LAW IMPLEMENTED: 61.14(8)(a), 440.105(3)(c), 440.20(11), 440.34, 440.345, 440.45(1)(a), 440.45(4), 440.45(5) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, January 30, 2013, 2:00 p.m. - 3:00 p.m.
PLACE: (by telephone conference): The DeSoto Building, 2nd Floor Conference Room, 1230 Apalachee Parkway, Tallahassee, Florida. To participate by telephone, participants may dial 1(888)670-3525, follow the voice prompts, and enter the participant passcode (2492172867), followed by #.
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 five 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 IS: Robert S. Cohen, Director and Chief Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) No change.

(a) No change.

1. through 8. No change.

9. Any other documents in the possession of the parties or their attorneys, including any prior attorney’s fee lien, that is material to the disposition of the settlement;, and a certificate from claimant’s counsel that diligent efforts have been made to identify any liens and the position of any lienholder(s) regarding settlement;

10. through 11. No change.

(b) through (d) No change.

(2) through (5) No change.

Rulemaking Authority 61.14(8)(a), 440.45(1)(a), (4) FS. Law Implemented 61.14(8)(a), 440.105(3)(c), 440.20(11), 440.34, 440.345, 440.45(1)(a), (4), (5) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: David W. Langham, Deputy Chief Judge of Compensation Claims
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Robert S. Cohen, Director and Chief Judge
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 4, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 29, 2012