The 2023 Florida Statutes (including Special Session C)
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. . . Section 624.23 also exempts information regulated by section 440.191, Florida Statutes (2016), which . . .
. . . See § 440.191, Fla. Stat. (1993); ch. 2003-412, § 21, Laws of Fla. . . . See § 440.191(2), Fla. Stat. (2006). . . . instructed by law to contact if they believe they are entitled to benefits that have not been provided: § 440.191 . . .
. . . attorney scheduled an appointment with the doctor instead of using the procedures set forth in sections 440.191 . . .
. . . Prior to the July 1, 2002 amendments and pursuant to section 440.191(2)(d) (1994), employers and carriers . . . Section 440.191(2)(a), Florida Statutes (1999), contained a pre-petition process that was in place on . . . The express language of former section 440.191(2)(a) described this pre-petition process as procedural . . . Thus, because the amendments to section 440.191(2)(a) and section 440.191(2)(d) were effective prior . . . Section 440.191(2)(a) provides: An employee may not file a petition requesting any benefit under this . . .
. . . -Florida Statutes (if) “EAO” means the Employee Assistance and Ombudsman Office created by section 440.191 . . . (sk) “Informal dispute resolution” means the procedure established by section 440.191, Florida Statutes . . . assistance” means the initiation of the informal dispute resolution procedure established by section 440.191 . . . under section 440.192, Florida Statutes, that bypass the request-for-assistance process in section 440.191 . . . one of the following has occurred: (A) The informal dispute resolution process required by section 440.191 . . .
. . . concurring) (“As written, section 440.25, Florida Statutes (1997), contemplates compliance with sections 440.191 . . .
. . . As written, section 440.25, Florida Statutes (1997), contemplates compliance with sections 440.191 (requiring . . .
. . . under section 440.192, Florida Statutes, that bypass the request-for-assistance process in section 440.191 . . . ; or (3) in the case of a settlement agreement resulting from a conference pursuant founder section 440.191 . . . alternative involves cases in which an agreement has been reached during an EAO conference held under section 440.191 . . . order. ( ) Petitioner has failed to exhaust the procedures for informal dispute resolution under F.S. 440.191 . . . certified that: The subject matter of this petition was presented to the EAO created under section 440.191 . . .
. . . On April 29, 1997, he filed a request for assistance pursuant to section 440.191, Florida Statutes (1995 . . . Hyde, 721 at 1218, the claimant filed a request for assistance pursuant to section 440.191, seeking permanent . . . request for assistance procedure is part of the informal dispute resolution process, and that section 440.191 . . .
. . . and Employment Security, on October 25, 1996, a “Request for Assistance” which complied with section 440.191 . . . benefits until after he had first exhausted the informal dispute resolution process outlined in section 440.191 . . . See § 440.191(2)(a), Fla. Stat. . . .
. . . order compelling a claimant to submit to an independent medical examination (IME) pursuant to section 440.191 . . .
. . . Law] unless the employee has exhausted the procedures for informal dispute resolution under [section 440.191 . . . , Florida Statutes (1997)].” § 440.191(2)(a), Fla. . . . Allen duly pursued his remedies under sections 440.191 and 440.192, Florida Statutes (1997), seeking . . . While there exists a statutory duty "to attempt to resolve disagreements in good faith,” § 440.191(l) . . . substantial part of the (here at least 30-day) informal dispute resolution periods required by section 440.191 . . .
. . . Claims (hereinafter JCC) waiving the 30-day informal dispute resolution period mandated by section 440.191 . . . a Request for Assistance with the Employee Assistance and Ombudsman Office, as required by section 440.191 . . . Section 440.191(2)(a), Florida Statutes (1993), clearly states that an employee may not file a petition . . .
. . . Permanent Wage-Loss Benefits Sections 440.191 and 440.192, Florida Statutes (1995), contemplate that . . .
. . . Claimant filed a request for assistance pursuant to section 440.191, Florida Statutes, seeking permanent . . . Florida Statute section 440.191(2)(d) exempts employers or carriers from liability for attorney’s fees . . .
. . . .” § 440.191(l)(a), Fla. Stat. (Supp.1994). . . .
. . . The claimant should have followed the procedures set forth in sections 440.191 and 440.192, if necessary . . .
. . . Just as the provisions of section 440.191, Florida Statutes (Supp.1994), requiring requests for assistance . . .
. . . The claimant should have followed the procedures set forth in sections 440.191 and 440.192, if necessary . . .
. . . 1994, for failure to exhaust the procedures for informal dispute resolution, as required by section 440.191 . . .
. . . . § 440.191(2)(a), Fla. Stat. (Supp.1994). . . . The office then has thirty (30) days to assist the employee in resolving the dispute. § 440.191(2)(d) . . .
. . . (i) “EAO” means the Employee Assistance and Ombudsman Office created by section 440.191, Florida Statutes . . . assistance” means the initiation of the informal dispute resolution procedure established by section 440.191 . . . under section 440.192, Florida Statutes, that bypass the request-for-assistance process in section 440.191 . . . one of the following has occurred: (A) The informal dispute resolution process required by section 440.191 . . . record; or (3) in the case of a settlement agreement resulting from a conference pursuant to section 440.191 . . .
. . . Sanchez also filed a “Petition for Benefits” using the procedures set forth in the newly enacted section 440.191 . . . not be filed until an employee has exhausted procedures for informal dispute resolution under section 440.191 . . . not be filed until a claimant has exhausted the informal dispute resolution procedures under section 440.191 . . . These pretrial procedures may extend for 30 days or more, section 440.191(2)(d), Florida Statutes (Supp . . .
. . . the claimant to attend an IME during the informal dispute resolution process provided for by section 440.191 . . . We have read and carefully considered the provisions of section 440.191, which creates the “Employee . . . There is no language in section 440.191 that either permits or requires the JCC to order an IME during . . . This court has recently declined the invitation to read into section 440.191 authority on the part of . . . We similarly decline in the case before us to, in effect, rewrite section 440.191 in the manner urged . . .
. . . assistance and had not exhausted the procedures for informal dispute resolution as provided in section 440.191 . . . Section 440.191(l)(a), Florida Statutes (Supp.1994), provides: “In order to effect the self-executing . . .
. . . for assistance with the Employee Assistance and Ombudsman Office (EAOO) as provided for in section 440.191 . . . sought authorization of an IME physician through the statutory ombudsman procedures set forth in section 440.191 . . . The e/e assert that an IME is a medical service and section 440.191(2)(a) prohibits a claimant from filing . . . Nor is there any explicit language in section 440.191 which would make it applicable to section 440.25 . . .
. . . the assistance of counsel, the claimant filed a Request for Assistance as now required under section 440.191 . . . until the claimant has first exhausted the procedures of informal dispute resolution under section 440.191 . . . 440.192, Florida Statutes (1994 Supp.) and not the filing of a Request for Assistance under section 440.191 . . .
. . . The E/C argue on appeal that the JCC erred (1) in holding that the procedural provisions of section 440.191 . . . the claimant’s claim for benefits based upon noncompliance with the procedural provisions of section 440.191 . . . requested assistance from the Employee Assistance and Ombudsman Office (“EAOO”) pursuant to section 440.191 . . . The claimant in the present case complied with the procedure set forth in section 440.191, Florida Statutes . . .
. . . in good faith mediation with the Employee Assistance and Ombudsman Office (EAO) pursuant to section 440.191 . . . Section 440.191 authorizes the EAO to compel parties to attend conferences, and precludes a claimant . . .