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-6.102Definitions

60Q-6.103Pleadings and Proposed Orders

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-6.110Mediation, Generally

60Q-6.111Authority and Duties of Mediator

60Q-6.113Pretrial Procedure

60Q-6.114Discovery

60Q-6.116Prosecution of Claims and Petitions for Benefits

60Q-6.118Expedited Hearings

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

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, and 2012. 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 conform with subsequent statutory changes; changes in technology, most notably, required electronic filing of documents; and changes that will improve the adjudicatory process based upon experience in utilizing the existing rules.

SUMMARY: The procedural rule revisions improve definitions, implement mandatory electronic filing, streamline the service of pleadings, promote the timely resolution of attorney's fees and costs, discourage duplication and unnecessary filings, encourage timely orders, streamline mediation, promote timely discovery and entry of discovery orders, streamline motion practice, improve pretrial procedures, require JCCs to approve stipulations, streamline the collection of child support arrearages, and streamline the payment of attorney’s fees and costs, with the goal of maintaining a self-sufficient and self-executing adjudicatory process.

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: During a six-city rule development workshop conducted via video teleconferencing on July 11, 2014, numerous participants representing business and individual interests within the workers' compensation industry, as well as the experience of the Chief Judge and Deputy Chief Judge, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the amendments to the rules will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time or by the date the record was left open to receive comments, July 21, 2014. The proposed rule amendments will largely result in a streamlining of the workers' compensation appeals program that should save the participating parties money when proceeding through the process.

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), 440.25(4)(i), 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), 440.29(2), 440.30, 440.32, 440.33(1), 440.34, 440.345, 440.45(1)(a), 440.45(4), 440.45(5) FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Wednesday, August 20, 2014, 8:00 a.m. – 10:00 a.m.

PLACE: Hall of Cities – Tampa Room, Level 1, Marriott World Center, 8701 World Center Drive, Orlando, Florida 32821

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-6.102 Definitions.

(1) through (11) No change.

(12) “Personally conferred” means communications in person, by telephone, e-mail, text messaging, or some other communication mechanism that permits an immediate, contemporaneous response. The term does NOT include letters or other written communications sent by facsimile, U.S. mail, or some other delivery service.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,___________.

 

60Q-6.103 Pleadings and Proposed Orders.

(1) No change.

(a) through (d) No change.

(e) Contain a certificate of service representing that copies have been served on all parties or, if represented, their attorneys of record. The certificate shall be dated and include the name, address, and method of service used as to each party and/or attorney served; a statement of the method of service used for each party or attorney; and

(f) Not be accompanied by separate cover letter or correspondence.

(2) Exempt information. Except for the employee’s social security number or equivalent on petitions for benefits and responses thereto, no pleading shall contain information exempt from public records disclosure. Exempt information shall be supplied in connection with a pleading only to the extent it is necessary for the judge’s determination of disputed matters or required by Florida Statutes and shall be appended to a pleading in a separate document conspicuously marked “Exempt Information..”

(3) No change.

(4) Proposed Orders. Except as provided in subsection 60Q-6.115(3), F.A.C., proposed orders shall not be submitted unless requested by the judge. They shall be clearly indexed in the docket identified as “proposed orders” and shall be sent to all other parties or, if represented, their attorneys of record prior to being submitted to the judge. Proposed orders shall be a separate document and not be included as a part of a motion.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192(1), (2)(a), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,___________.

 

60Q-6.105 Commencing a Case; Subsequent Petitions.

(1) through (2) No change.

(3) For any claim or dispute within the jurisdiction of the OJCC but not subject to a petition for benefits, the claimant or moving party shall file with the clerk of the OJCC a request for assignment of case number.

(4) through (5) No change.

(6) Where a party is represented, a petition for benefits shall be served on counsel for the employer/carrier/servicing agent in addition to any service otherwise required by this rule.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,___________.

 

60Q-6.106 Consolidation and Venue.

(1) through (3) No change.

(4) When a judge assigned to a case determines that the case is proceeding in an incorrect venue, the judge may transfer the case to the proper venue. Whether transfer of venue results in change of the assigned judge shall be determined by the judge determining venue transfer.

(5) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(d), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,___________.

 

60Q-6.107 Amendment and Dismissal of Petition for Benefits.

(1) No change.

(2) A petition or request for assignment of case number may only be amended by written stipulation of the parties or by order of the judge, except that changes of addresses, e-mail addresses, or phone numbers of parties or, if represented, their attorneys of record can be accomplished by filing a notice of change.

(3) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,___________.

 

60Q-6.108 Filing and Service.

(1) No change.

(a) through (b) No change.

(c) The following documents shall not be filed with the OJCC unless relevant to an issue to be heard and not more than 10 days but at least two days before the scheduled hearing: requests or notices to produce and objections or responses thereto, deposition transcripts, correspondence between counsel or parties, correspondence to the judge or the judge’s staff, subpoenas, notices of unavailability, and returns of service.

(d) through (i) No change.

(2) No change.

(a) through (f) No change.

(3) through (5) No change.

(6) When service of any pleading other than a petition is made by U.S. mail, five days shall be added after the period to the time allowed for the performance of any act required to be done, or allowed to be done, within a certain time after service. When service is made by any electronic delivery method, no additional time shall be added.

(7) through (10) No change.

(11) All self-insurers, third-party administrators, and carriers shall register a single, general delivery, e-mail address with the OJCC for receipt of all electronically served documents, including petitions for benefits. All self-insurers, third-party administrators, and carriers shall register a single, general delivery U.S. Mail address and a single telephone number with the OJCC. The e-JCC system will maintain a list of all registered companies, and their e-mail addresses. Each such self-insurers, third-party administrators, and carrier shall be responsible for amending that e-mail address as necessary for it to remain current.

(12) through (13) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.25(1), (4)(a), (4)(c), (4)(e), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,___________.

 

60Q-6.110 Mediation, Generally.

(1) through (2) No change.

(a) The Deputy Chief Judge deputy chief judge shall assign a mediation date for each petition filed. Within 40 days after the filing of the earliest petition for benefits awaiting mediation, the parties may agree to coordinate with the assigned judge an alternate state mediation date which meets the 130-day statutory deadline. Any such change in date shall be considered a re-scheduling and not a continuance of the mediation.

(b) After the state mediation has been noticed on the 40th day following the filing of the earliest petition for benefits awaiting mediation, the state mediation shall not be continued unless first granted by the judge upon agreement of the parties or upon proper motion filed no later than 30 days before the date of the scheduled state mediation absent an emergency, unless the mediation notice is sent to the parties less than 30 days prior to the noticed mediation.

(c) through (d) No change.

(3) No change.

(4) If the parties resolve settle all issues, or all issues except for attorney’s fees, prior to the scheduled mediation conference, the attorney or unrepresented claimant who has filed a petition for benefits shall file a pleading in order to cancel the corresponding mediation. The pleading must be filed prior to the scheduled mediation and shall indicate the manner in which each issue was resolved.

(5) The following persons shall attend the mediation conference: the claimant; the claims representative of the carrier/servicing agent, which representative must have full authority to resolve all settle the issues and/or settle the case; the employer, if uninsured; the insured or self-insured employer, if the employer/servicing agent does not have full authority to settle the issues; and the attorneys for the parties. The appearance of an attorney for a party does not dispense with the required attendance of the party. No party shall appear at the mediation conference by telephone unless such appearance is approved in advance by the mediator. Any party appearing by telephone has stipulated to be bound by that party’s attorney of record’s signature on the mediation report.

(a) The adjuster may attend the mediation by phone unless an objection is filed with the mediator on the basis of good cause. The mediator shall have discretion to allow any party and/or that party’s attorney of record to appear at the mediation conference by telephone upon the party’s written request furnished to the mediator and the opposing party or, if represented, the party’s attorney of record no fewer than five days prior to the mediation conference. The mediator’s decision on telephonic appearance requests shall not be overturned except for good cause shown. The expense of telephonic attendance shall be borne by the person or party attending by telephone.

(b) No change.

(6) through (7) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(1)-(4), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,___________.

 

60Q-6.111 Authority and Duties of Mediator.

(1) No change.

(a) through (b) No change.

(c) Upon written request of any mediator, the Deputy Chief Judge may reassign any mediation to accommodate conflict of interest or potential appearance of impropriety. Any party may also seek such reassignment through motion.

(2) through (4) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(1)-(4), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,___________.

 

60Q-6.113 Pretrial Procedure.

(1) No change.

(2) The parties or, if represented, their attorneys of record shall confer and complete a typewritten written pretrial stipulation. The claimant or claimant’s counsel shall forward the pretrial stipulation to the employer/carrier or their counsel, if represented, no later than 14 calendar days prior to the pretrial hearing. The employer/carrier or their counsel shall complete their portion and return the pretrial stipulation to the claimant or claimant’s counsel, if represented, no later than seven calendar days prior to the pretrial hearing. The judge may excuse any party who has complied with filing their completed and signed portion of the pretrial stipulation from live or telephonic attendance at the pretrial hearing and file it no later than two business days before the pretrial hearing. The judge may cancel the pretrial hearing if the stipulation is timely filed. In pretrial stipulations and at any pretrial hearing, the parties shall:

(a) State the claims, and defenses, and the date of filing of each petition for benefits to be adjudicated at the final hearing. Any claims that are ripe, due, and owing, and all available defenses not raised in the pretrial stipulation are waived unless thereafter amended by the judge for good cause shown. Any amendment, supplement, or other filing shall only be accepted if it clarifies the claims and/or defenses pled. Absent an agreement of the parties, in no event shall an amendment or supplement be used to raise a new claim or defense that could or should have been raised when the initial pretrial stipulation was filed, unless permitted by the judge for good cause shown. The failure to diligently seek and obtain discovery, standing alone, does not constitute good cause for failure to timely raise a claim or defense;

(b) through (e) No change.

(f) Exchange all available written reports of experts to be offered at trial; and

(g) Consider and determine such other matters as may aid in the disposition of the case;. and

(h) Any defense raised pursuant to Sections 440.09(4)(a) and 440.105, F.S., and any affirmative defense, must be raised with specificity, detailing the conduct giving rise to the defense. Failure to plead with specificity shall result in the striking of the defense. Any objections/responses to the affirmative defenses must be pled with specificity.

(3) If for any reason the written pretrial stipulation is not completed by all parties or their counsel, if represented, as provided in subsection 60Q-6.113(2), F.A.C., each party shall file and serve separate proposed typewritten pretrial statements no later than two business days prior to the pretrial hearing.

(4)(3) Unless good cause is shown, a party’s failure to cooperate in the preparation and filing of their portion of the a joint pretrial stipulation shall result in the imposition of appropriate sanctions, including, but not limited to, the striking of claims and/or defenses.

(5)(4) No change.

(6)(5) Witness lists, exhibit lists, supplements, and amendments served, and exhibits exchanged less than 30 days before the final hearing must be approved by the judge or stipulated to by the parties. Any amendments and supplements to the pretrial stipulation must relate to claims and defenses pled in the initial pretrial stipulation. In no event shall an amendment or supplement be used to raise a new claim or defense that could or should have been raised when the initial pretrial stipulation was filed, unless permitted by the judge upon motion for good cause shown. The failure to diligently seek and obtain discovery, standing alone, does not constitute good cause for failure to timely raise a claim or defense.

(7)(6) No change.

(8)(7) No discovery shall be permitted within 10 calendar days of the final hearing absent prior approval by the judge for good cause shown or by agreement of the parties.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(2)-(4), 440.29(2), 440.33(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,___________.

 

60Q-6.114 Discovery.

(1) through (2) No change.

(3) Production and entry on land. Any party may seek production of documents or other tangible things from other parties or non-parties and may seek entry onto land or other property as provided in the Florida Rules of Civil Procedure. Documents shall be delivered in electronic form if so requested unless the judge determines good cause has been shown to produce paper copies.

(4) No change.

(5) The judge may enter orders to effectuate discovery, including orders compelling discovery, protective orders, and orders imposing sanctions as provided in the Florida Rules of Civil Procedure for failure to comply with or for using discovery methods not specifically authorized by statute. For good cause shown, the judge may enlarge or shorten applicable timeframes for complying with discovery.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.30, 440.33(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,___________.

 

60Q-6.116 Prosecution of Claims and Petitions for Benefits.

(1) All parties shall diligently prosecute or defend the claim or petition, including but not limited to timely conducting all necessary discovery. A request for a continuance shall be made by motion, shall specify the reason that the continuance is necessary, and shall demonstrate due diligence by describing the specific actions the moving party has taken to correct the circumstances alleged to be beyond the party’s control.

(2) No change.

(3) The judge may conduct any proceedings by telephone conference. Testimony may be taken by telephone with the written agreement of all parties or approval by the judge. In such event, the oath shall be administered in the physical presence of the witness by a notary public or officer authorized to administer oaths, unless the parties stipulate to administration of the oath telephonically by the judge or the judge determines good cause exists for the judge to administer the oath telephonically.

(4) The judge may conduct any proceedings using video teleconference equipment approved by the OJCC. In the event that testimony is taken by video teleconference, administration of the oath by the judge during the proceeding is as binding as if the judge and witness were physically present in the same room.

(5) Upon proper motion of any party, the The judge shall may enter an order reflecting the terms of any written stipulation or agreement between the parties.

(6) No change.

(7) No more than 10 days but no less than two business days prior to the final hearing, each party is required to file a brief memorandum consisting of a statement of relevant facts and written argument, which shall include filing dates or docket ID for any evidentiary documents which will be relied upon at trial. All depositions and documentary evidence, including known impeachment and rebuttal evidence a party intends to offer into evidence, shall be filed with the memorandum. Any evidence which is not capable of electronic filing, including but not limited to diagnostic films or audio or audiovisual recordings shall be filed contemporaneously with the memorandum and served on all parties by the same method, U.S. mail, delivery, etc., as delivered to the judge’s office. In the event of a re-scheduling or continuance, documents timely filed pursuant to this rule need not be re-filed prior to the re-scheduled or continued hearing. Documentary evidence not timely filed may be excluded from evidence, absent a written stipulation of the parties or an order extending the deadline for filing for good cause shown.

(8) No change.

(9) Appointment of an expert medical advisor, except during the final hearing, shall be sought by written motion. The motion shall specifically state the conflict in medical opinions, identify the providers who rendered those opinions, their medical specialties, and attach state the documentation that memorializes those opinions.

(10) through (12) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(4), 440.29(2), 440.33(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,___________.

 

60Q-6.118 Expedited Hearings.

(1) through (3) No change.

(4) Stipulated Pretrial Outline. The content of the pretrial outline process will be as described in subsection Rule 60Q-6.113(2)(a)-(g), F.A.C. The judge may modify the timeframes delineated in Rule 60Q-6.113, F.A.C.

(5) No change.

Rulemaking Authority 440.25(4)(i), 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(i), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,___________.

 

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

(1) A motion for re-hearing shall state specifically the grounds on which it is based and should not be used to re-argue issues already determined. A motion for re-hearing shall be filed and served within 10 days from the date of the order sought to be reviewed. The judge shall rule on the motion within 10 days of service. Any response to the motion shall be filed within five days of service of the motion. If the judge has not ruled by the close of business 10 days after service, the motion shall be deemed denied.

(2) No change.

(3) A motion for re-hearing shall does not toll the time within which an order becomes final or an appeal may be filed.

(4) through (5) No change.

(6) Notwithstanding subsection 60Q-6.115(4), F.A.C., if the motion for re-hearing is directed to an appealable order, the moving party may request schedule a hearing on the motion which the judge may schedule if there are exceptional circumstances or good cause shown in the motion.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,___________.

 

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

(1) No change.

(a) No change.

1. through 4. No change.

5. A status statement from the OJCC or such other source as designated by the Deputy Chief Judge regarding any child support arrearage balance according to the Department of Revenue records, unless such information is available to the OJCC directly, through data exchange with the Department of Revenue, and a status statement regarding any child support arrearage balance according to from the Florida Clerks of the Circuit and County Courts, Central Depository, unless such information is available to the OJCC directly, through data exchange with the applicable county Clerk, from the county in which the claimant resides at the time the settlement documents are filed and the county in which the claimant resided on the date of accident as to whether the claimant has or owes any child support arrearage and, if so, the amount thereof;

6. through 7. No change.

8. A letter or statement in the settlement stipulation from counsel stating that the carrier will issue a check in the amount of the arrearage or such other amount to be approved by the judge and that the check will be sent to the Department of Revenue or the Florida Clerks of the Circuit and County Courts, Central Depository;

9. through 10. No change.

11. For settlements under Section 440.20(11)(b), F.S., the required notice to the employer, a maximum medical improvement report establishing the date of overall physical maximum medical improvement and psychiatric maximum medical improvement if the latter applies, permanent impairment rating, available information concerning the need for future medical care and an estimate of the cost of future medical care, or an explanation as to why an estimate the information cannot be reasonably obtained, and other essential medical information.

(b) through (d) No change.

(2) No change.

(a) No change.

1. through 3. No change.

4. The amount of child support arrearages, if any, owed by the claimant, together with the amount of child support allocation the claimant requests be deducted from the settlement proceeds, after fees and costs, and the attorney responsible to remit the same remitted to the appropriate child support repository depository;

5. An attorney’s fee data sheet setting forth the benefits obtained by claimant’s counsel and the value of those benefits, and, depending upon the date of accident and the type of benefit involved, should if the claimant’s attorney seeks a fee in excess of the statutory percentage, an affidavit specifying the particular statutory criteria forming the basis for the variance;

6. A status statement from the OJCC or such other source as designated by the Deputy Chief Judge regarding any child support arrearage balance according to the Department of Revenue records, unless such information is available to the OJCC directly, through data exchange with the Department of Revenue, and a status statement regarding any child support arrearage balance according to from the Florida Clerks of the Circuit and County Courts, Central Depository, unless such information is available to the OJCC directly, through data exchange with the applicable county Clerk, from the county in which the claimant resides at the time the settlement documents are filed and the county in which the claimant resided on the date of accident as to whether the claimant has an arrearage or owes past due child support and, if so, the amount thereof; a sworn statement by the employee that all existing child support obligations have been disclosed in the joint petition; and a letter from counsel stating that the carrier will issue a check in the amount of the arrearage and/or past due child support or such other amount to be approved by the judge or that claimant’s counsel will deposit the settlement proceeds in a trust account and will issue a check in the amount of the arrearage and/or past due child support or such other amount to be approved by the judge and that the check will be sent to the Department of Revenue or the Clerk of the Circuit and County Courts, Central Depository;

7. through 8. No change.

(3) No change.

(4) Settlement approval when more than one current support order exists. When more than one current support order exists, the judge may approve a proposed settlement only if:

(a) It it provides for an equitable share of settlement proceeds;. and

(b) The allocation shall be prorated in accord with Section 61.130(4)(c), F.S.

(5) The judge shall consider the disclosed costs to the extent necessary to determine they do not include the attorney’s overhead or other fees. A claim for cost reimbursement in the amount of $250 or less shall need not be set forth with specificity or detail.

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, 2-28-13,___________.

 

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

(1) through (2) No change.

(3) Payment of Disputed Attorney’s Fees and Costs.

(a) through (b) No change.

(c) If both entitlement and the amount of the fee are contested, the hearing may be bifurcated at the request of a party.

(d) through (e) No change.

(4) Payment of Disputed Attorney’s Fees and Costs – Appellate. Upon order of the appellate court awarding attorney’s fees, the awarded party shall serve and file a verified petition to determine the amount of appellate attorney’s fee and costs within 15 days from the date of the order entered by the court.

(5)(4) Upon motion by any party,:

(a) The the judge shall may require the filing of claimant to file a verified motion for attorney’s fees and costs as to any petition for benefits which has no pending claims other than entitlement to and adjudicate the verified motion for attorney’s fees and costs.

(b) The judge may require the party or attorney entitled to attorney’s fees and costs to file a verified motion for attorney’s fees and costs as to amount.

(6)(5) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.32, 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: July 22, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 6, 2014