The 2023 Florida Statutes (including Special Session C)
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. . . days after the initial provision of compensation or benefits as required under subsection (2) or s. 440.192 . . . Upon commencement of payment as required under subsection (2) or s. 440.192(8), the carrier shall provide . . . the initial provision of benefits or payment of compensation as required under subsection (2) or s. 440.192 . . .
. . . The date of filing of a PFB, which meets the specificity requirements of section 440.192, Florida Statutes . . .
. . . days after the initial provision of compensation or benefits as required under subsection (2) or s. 440.192 . . . Upon commencement of payment as required under subsection (2) or s. 440.192(8), the carrier shall provide . . . the initial provision of benefits or payment of compensation as required under subsection (2) or s. 440.192 . . .
. . . not a prevailing party because the employer or its carrier provided benefits “timely” under sections 440.192 . . . Section 440.192(8) provides that, within fourteen days of the receipt of a petition for benefits, the . . . from entitlement to attorney’s fees, Whether benefits are timely furnished, either under subsection 440.192 . . . As required by statute, see section 440.192(4), Florida, Statutes (2014), her petition for benefits included . . .
. . . and investigate rule” requires: Upon commencement of payment as required under subsection (2) or s. 440.192 . . . accordance with s. 4,4,0.20(4,) is deemed to have accepted the employee’s injuries as compensable-” § 440.192 . . .
. . . Snyder, 765 So.2d 752, 764 (Fla. 1st DCA 2000); see also § 440.192(8), Fla. . . .
. . . See § 440.192(8), Fla. Stat. (2013) (requiring carrier to respond within fourteen days). . . .
. . . based on the failure of the relevant petition for benefits (PFB) to meet the requirements of section 440.192 . . . Because the JCC erred by failing to give full effect to all of the provisions of section 440.192, we . . . Stat., while section 440.192, Florida Statutes (2006 and 2008), provided in part: (1) Any employee may . . . Our conclusion in this regard is buttressed by the Legislature’s adding to section 440.192 the language . . . for Resolving Benefit Disputes” from section 440.19 to section 440.192. . . .
. . . . § 440.192(8). . . . Stat. § 440.192 (“Any employee may, for any benefit that is ripe, due, and owing, file with the Office . . .
. . . See § 440.192. . . . . § 440.192(1). . . .
. . . In both cases, the claimants had filed a prior PFB, compliant with section 440.192, Florida Statutes, . . .
. . . hold hearing(s), and adjudicate claims, is predicated on filing of petition for benefits under section 440.192 . . .
. . . deposition set by an employer or carrier when no petition for benefits has been filed under section 440.192 . . . See § 440.192(3), Fla. Stat. . . . .”); see also 440.192(3), Fla. Stat. (2010) (same). . . . document that if timely filed would toll the statute of limitations — has been filed under section 440.192 . . . is used in section 440.30; the motion was not filed in accordance with the requirements of section 440.192 . . .
. . . Montes, 736 So.2d 768, 769 (Fla. 1st DCA 1999); see also § 440.192(8), Fla. Stat. (2008). . . .
. . . not made a good faith effort to resolve the dispute before filing the PFB, as is required by section 440.192 . . . fee motion, asserting no fees were due on the July PFB because that PFB did not comply with section 440.192 . . . On appeal, the E/C makes two arguments: that fees based on the July PFB are precluded by section 440.192 . . . On cross-appeal, Claimant presents three arguments: that the July PFB complied with section 440.192(4 . . . The JCC erred in dismissing the July PFB, both because section 440.192 does not independently give the . . .
. . . This reading of Certain fits with the requirement in section 440.192(8), Florida Statutes, that an E/ . . . E/C’s failure to respond to the petition for benefits within fourteen days, as required by section 440.192 . . .
. . . Section 440.192 of the Florida Statutes gives the right to file a petition for benefits solely to the . . . See § 440.192, Fla. Stat. (2006). . . .
. . . benefits as “a pleading invoking the jurisdiction of the OJCC and subject to the requirements of Sections 440.192 . . . Section 440.192 establishes the requirements for the filing of a petition for benefits, specifically . . .
. . . Indeed, section 440.192(3), Florida Statutes (2007), contemplates such an award: “A petition for benefits . . .
. . . Section 440.192, Florida Statutes (2009), provides in pertinent part: (1) Any employee may, for any benefit . . .
. . . judge erred by dismissing his original petition for benefits for reasons not enumerated in section 440.192 . . . Claimant correctly argues section 440.192(2)(a)-(j), Florida Statutes, does not require the signing of . . . 60Q-6.105(1) (providing that a claimant commences a new case by filing a petition pursuant to section 440.192 . . . Section 440.192(1) is silent as to whether rules 60Q-6.103(l)(d) and 60Q-6.105(4) must be complied with . . . Section 440.192(2), Florida Statutes (2006), provides: the [OJCC] shall review each petition and shall . . .
. . . Section 440.192(9), Florida Statutes, allows only claims that have been listed in a petition for benefits . . .
. . . The remaining two grounds challenge the JCC’s determination that sections 440.25(4)(d) and 440.192(9) . . . The challenge to section 440.192(9), Florida Statutes, was not ruled on by the JCC and is not necessary . . .
. . . See § 440.192. . . . See § 440.192. . . .
. . . CTL and its servicing agent neither denied the claim nor elected to “pay and investigate”: Section 440.192 . . .
. . . In this case, the JCC relied on section 440.192(2)(h), Florida Statutes, as support for its position . . . the name and address of the medical provider, the amounts due, and the specific dates of treatment. § 440.192 . . . We agree with the E/C that section 440.192(2)(h) does not expressly grant the JCC jurisdiction, but rather . . .
. . . (codified at § 440.192(2)(g), Fla. Stat. (Supp.1994)). . . . since Bair was decided, the Legislature has left the pertinent language in sections 440.13(2)(a) and 440.192 . . .
. . . We decided that under such circumstances, the provisions of section 440.192(8), Florida Statutes (2000 . . .
. . . in finding the E/C timely filed its notice of denial within the statutory period provided in section 440.192 . . . notice of denial within 14 days after its receipt of the petition for benefits, as required by section 440.192 . . .
. . . Although an aggrieved employee is precluded by section 440.192(3), Florida Statutes (2003), from filing . . .
. . . provides that "[a] party commences a new case by filing a petition for benefits pursuant to Section 440.192 . . .
. . . As the earlier en banc opinion in Wuell-ing explained, section 440.192(8), Florida Statutes, must be . . . Wuelling established that the recitation as to such a waiver in section 440.192(8) is merely a reiteration . . . implicit denial of the petition for certain other purposes, an E/C’s failure to respond to a section 440.192 . . . Similarly, a section 440.192(8) notice of denial which challenges entitlement to a claimed benefit but . . . The JCC properly determined that the E/C’s failure to respond to the section 440.192 petition requesting . . .
. . . scheduled an appointment with the doctor instead of using the procedures set forth in sections 440.191 and 440.192 . . .
. . . days after the initial provision of compensation or benefits as required under subsection (2) or s. 440.192 . . . Upon commencement of payment as required under subsection (2) or s. 440.192(8), the carrier shall provide . . . the initial provision of benefits or payment of compensation as required under subsection (2) or s. 440.192 . . . benefits to be paid by the carrier under subsection (2) or pursuant to a petition for benefits under s. 440.192 . . .
. . . workers’ compensation benefits for failing to include a social security number as required by section 440.192 . . . The exception provided in section 7(a)(2)(B) of the Privacy Act would not apply to section 440.192, Florida . . . Statutes, requiring injured workers to list their social security number, because section 440.192 was . . .
. . . Section 440.192(1), Florida Statutes (2000), calls for the service “by certified mail” of a petition . . .
. . . a simple question of fact: Did the carrier ever pay compensation under section 440.20(2) or section 440.192 . . . the initial provision of benefits or payment of compensation as required, under subsection (2) or s. 440.192 . . . the express statutory requirement that payment must be made pursuant to section 440.20(2) or section 440.192 . . . For better or worse, section 440.192(8) and section 440.20(4), both contemplate that in some cases, benefits . . .
. . . period set forth in this section unless the petition meets the specificity requirements set forth in s. 440.192 . . . dismissed his two previous petitions (which, he argues, met the specificity requirements of section 440.192 . . . statute, to the effect that filing a petition meeting the specificity requirements set forth in section 440.192 . . . merely states that a petition must be filed in compliance with the specificity requirements of section 440.192 . . .
. . . And section 440.192, Florida Statutes (2000), provides a procedure for resolving any benefit disputes . . . Further, section 440.192, Florida Statutes (2000), provides a procedure for resolving any benefit disputes . . . for mediation and hearings that are available after a petition for benefits is filed under section 440.192 . . .
. . . workers’ compensation benefits for failing to include a social security number as required by section 440.192 . . . The exception provided in section 7(a)(2)(B) of the Privacy Act would not apply to section 440.192, Florida . . . Statutes, requiring injured workers to list their social security number, because section 440.192 was . . .
. . . within the fee assessed the lawyer’s pre-petition time, concluding that the plain language of section 440.192 . . . Section 440.192(7) states: Notwithstanding the provisions of s. 440.34, a judge of compensation claims . . . relating to the factors to be considered in awarding claimant’s attorney fees, and those in section 440.192 . . . Section 440.192(2) clearly states that a petition shall be dismissed if it fails to comply with its filing . . . We therefore reverse the JCC’s construction of section 440.192(7) as barring all attorney time expended . . .
. . . asked to decide whether failure of an employer/carrier (E/C) to respond within 134 days to a section 440.192 . . . Resolution of the issue requires a review of this court’s previous decisions construing section 440.192 . . . Section 440.192 outlines the procedure for resolving benefit disputes. . . . . § 440.192(1), Fla. Stat. (2002). . . . We analyzed the interrelationship between section 440.192(8) and section 440:20(4). . . . The clearly expressed language of sections 440.192(8) and 440.20(4), Florida Statutes (2001), when considered . . .
. . . Acceptance of payments did not constitute a petition for benefits, as defined in section 440.192, Florida . . .
. . . See § 440.192(3), Fla. . . .
. . . appellant had not exhausted the grievance procedures before filing the petition, as required by section 440.192 . . . petitions seeking remedial, as opposed to palliative, care for the purpose of complying with section 440.192 . . .
. . . Further, section 440.192, Florida Statutes (2000), provides a procedure for resolving any benefit disputes . . .
. . . A petition shall meet the specificity requirements of sections 440.192(2) and (3), Florida Statutes, . . . If the issues raised in the petition do not meet the requirements of sections 440.192(2)-(4), Florida . . . If the petition does not meet the requirements — of- sections — 440.192(2)-(4), Florida Statute»;- and . . . The docketing judge’s ruling on specificity under section 440.192, Florida Statutes, or on the issue . . . Subject to the time limitations of section 440.192(5), Florida Statutes, a motion to dismiss for lack . . .
. . . encompass applications for surgery, unless included within a petition for benefits, as provided by section 440.192 . . . As applied to the facts before us, the provisions of section 440.192(8) are controlling. . . . 2000, clearly complied with the 120-day provisions of section 440.20(4), as incorporated in section 440.192 . . .
. . . 440.191 (requiring that a request for assistance be filed before a petition for benefits is filed) and 440.192 . . .
. . . appellee-employer’s [hereafter E/C] failure to file a notice of denial within 14 days, as required by section 440.192 . . . There this court explained that under section 440.192, Florida Statutes, an E/C must, within 14 days, . . .
. . . 440.191 (requiring that a request for assistance be filed before a petition for benefits is filed) and 440.192 . . . does the motion for emergency medical conference meet the pleading requirements laid down by section 440.192 . . . The employer also argues that an award of fees is precluded by section 440.192(7), Florida Statutes ( . . . But, as written, section 440.192(7), Florida Statutes (1997), does not bar the award of attorney’s fees . . . Section 440.25 begins: "Within 21 days after a petition for benefits is filed under s. 440.192.” . . . Emergency Conference, pursuant to section 440.25(4)(h), satisfied any pleading requirements under section 440.192 . . .
. . . . § 440.192(8), Fla. Stat. (1995). . . .
. . . . § 440.192(3). “A JCC has no jurisdiction beyond what is specifically conferred by statute.” . . .
. . . This rule defines the types of claims not included in a petition for benefits filed under section 440.192 . . . If a petition filed in accordance with section 440.192, Florida Statutes, involves a claim or petition . . . In accordance with section 440.192(1-) — Florida Statutes, a copy of. . . . Managed care grievance procedures, if required, have been exhausted under Section 440.192(3), Florida . . . In accordance with Section 440.192(1), Florida Statutes, a copy of this petition for benefits has been . . .
. . . response to a petition for benefits operates as a denial of every allegation therein under section 440.192 . . .
. . . file a notice of denial within 14 days of the filing of the petition for benefits, pursuant to section 440.192 . . .
. . . Claimant’s attorney, therefore, filed a “Petition for Benefits,” in accordance with section 440.192, . . .
. . . Under section 440.192(8), Florida Statutes (1995), a carrier that fails to respond to a claimant’s petition . . .
. . . and thus it has been unnecessary for Robin Cleary to file a petition for benefits pursuant to section 440.192 . . . jurisdiction is confined to proceedings after a petition for benefits has been filed pursuant to section 440.192 . . . jurisdiction upon the JCC to order an IME prior to the filing of a petition for benefits under section 440.192 . . . Nowhere does the court confine the JCC’s jurisdiction to section 440.192. . . .
. . . However, § 440.192(8) provides that a carrier, within fourteen days after receipt of a Petition for Benefits . . . Allen duly pursued his remedies under sections 440.191 and 440.192, Florida Statutes (1997), seeking . . .
. . . attorney’s fees to the claimant, Alan Eaby, appellee, on the authority of sections 440.34(3)(b) and 440.192 . . . Claimant moved for an award of attorney’s fees pursuant to sections 440.34(3)(b) and 440.192(8). . . . November 13, 1996, and, having denied a claim, the employer/carrier was therefore obligated under section 440.192 . . . No authority has been cited to support fees here, and we do not read section 440.192(8), Florida Statutes . . .
. . . Permanent Wage-Loss Benefits Sections 440.191 and 440.192, Florida Statutes (1995), contemplate that . . .
. . . See § 440.192(8), Fla. Stat. (Supp.1994). . . . See § 440.192(8), Fla. Stat. Therefore, the claim was never controverted. REVERSED. . . .
. . . Section 440.192(2), Florida Statutes (Supp.1994), states in material part that a petition for workers . . . See § 440.192(8) Fla. Stat. (Supp.1994). . . .
. . . The claimant should have followed the procedures set forth in sections 440.191 and 440.192, if necessary . . .
. . . claimant argues that the JCC erred (i) in dismissing her petition for benefits pursuant to section 440.192 . . . accepted claimant as permanently and totally disabled all within the 14-day period provided by section 440.192 . . . for benefits because the petition clearly failed to comply with the filing requirements of section 440.192 . . . Sections 440.192(2) and (4) set forth basic information which the petition must identify or contain oh . . . The cases on which claimant relies interpreted statutory provisions unlike section 440.192 before us . . .
. . . concluded that claimant’s petition for benefits seeking authorization for such was not ripe under section 440.192 . . .
. . . The third amended petition complied fully with the requirements of section 440.192(2), Florida Statutes . . .
. . . and taxable costs, because the employer/servicing agent did not comply with the provisions of section 440.192 . . .
. . . the grievance procedures required by 440.134(15) were exhausted before the petition was filed under 440.192 . . .
. . . Hutchinson, 673 So.2d 883 (Fla. 1st DCA), review denied, 683 So.2d 486 (Fla.1996), we interpreted section 440.192 . . . I must admit that this construction of section 440.192(8) was not apparent to me when I concurred with . . . that necessary to its decision when it indicated that the “deemed-compensable” provisions of sections 440.192 . . . I considered that the deemer language in sections 440.192(8) and 440.20(4), when construed in pari materia . . . The explicitly stated legislative goals leading to the creation of sections 440.192(8) and 440.20(4), . . . denial with the division in response to a petition for benefits sent by certified mail violated section 440.192 . . .
. . . The claimant should have followed the procedures set forth in sections 440.191 and 440.192, if necessary . . .
. . . petition for benefits was not barred by the statute of limitations, based on application of section 440.192 . . . In the challenged order, the judge of compensation claims found that section 440.192(8) is procedural . . . The JCC ruled that in the instant case, the “procedural default” aspects of section 440.192(8) “act to . . . Disposition of this case turns on the construction of the third sentence in section 440.192(8), which . . . We find that the third sentence of section 440.192(8) does not apply in this case. . . .
. . . 440.191(2)(a), Florida Statutes, and for failure to comply with the pleading requirements of section 440.192 . . .
. . . relating to the information required in a claim, were substantially revised by the creation of section 440.192 . . .
. . . file a petition which must on its face specifically identify or itemize the matters set out in section 440.192 . . . a petition for benefits in which to assume its defensive position or pay the requested benefits. § 440.192 . . .
. . . Spence now argues that under section 440.192(8), Florida Statutes (Supp.1994), compensability of her . . . The JCC ruled that although section 440.192(8) is procedural, appellant was not prejudiced by the employer . . . Hutchinson, 673 So.2d 883 (Fla. 1st DCA 1996), we considered and rejected an argument that section 440.192 . . . compensation ‘is deemed to have accepted the employee’s injuries as compensable’ ” under subsection 440.192 . . . and REMAND with directions that Brenda Spence’s claim be deemed compensable by operation of section 440.192 . . .
. . . As the JCC properly concluded that section 440.192(8), Florida Statutes (Supp.1994), is procedural and . . . The JCC struck the defense as untimely, pursuant to section 440.192(8), which requires the E/C to either . . . Section 440.192 took effect on January 1, 1994. Ch. 93-415, §§ 25 & 112, at 137 & 215, Laws of Fla. . . . In so concluding, we observed that section 440.192(8) “merely alters the process by which the judge of . . . Section 440.192(8) provides: Within 14 days after receipt of a petition for benefits by certified mail . . .
. . . to exhaust all managed care grievance procedures before filing a petition for benefits under section 440.192 . . . A petition shall meet the specificity requirements of sections 440.192(2) and (3), Florida Statutes, . . . If the issues raised in the petition do not meet the requirements of sections 440.192(2)-(4), Florida . . . The docketing judge’s ruling on specificity under section 440.192, Florida Statutes, or on the issue . . . Subject to the time limitations of section 440.192(5), Florida Statutes, a motion to dismiss for lack . . .
. . . judge of compensation claims ruling Lecia Hutchinson’s claim compensable by operation of subsection 440.192 . . . Waffle House argues that subsection 440.192(8) is a substantive enactment and the judge therefore erred . . . Subsection 440.192(8) provides as follows: (8) Within 14 days after receipt of a petition for benefits . . . Subsection 440.192(8) does not impact the substantive rights of the parties or alter their statutory . . . Waffle House failed to show that it complied with the provisions of subsection 440.192(8) and therefore . . . Now faced with the task of directly construing the inartfully drawn section 440.192(8), Florida Statutes . . .
. . . procedures set forth in the newly enacted section 440.191, Florida Statutes (Supp.1994), and section 440.192 . . . To hold otherwise would effectively shorten the statute because a section 440.192 petition may not be . . .
. . . because he failed to exhaust the Employer’s managed care grievance procedure as required by section 440.192 . . . Diestel supports his petition for writ of certiorari on his contention that section 440.192(3) is unconstitutional . . . Section 440.192(3) provides in part that “[i]f the employer has elected to satisfy its obligation to . . . Diestel had not exhausted the grievance procedure prior to filing his petition as mandated by section 440.192 . . . Diestel “to satisfy the managed care grievance procedures and follow the guidelines set forth in Section 440.192 . . .
. . . jurisdiction upon the JCC to order an IME prior to the filing of a petition for benefits under section 440.192 . . .
. . . Furthermore, section 440.192(2), Florida Statutes (Supp.1994), contemplates the review of every petition . . .
. . . authorization of an IME physician through the statutory ombudsman procedures set forth in section 440.191 and 440.192 . . .
. . . On November 28,1994, the claimant filed a Petition for Benefits pursuant to section 440.192, Florida . . . section 440.19, Florida Statutes and the post-1994 amendment “Petition for Benefits” under section 440.192 . . . Statutes (1993) should properly be construed as the filing of a Petition for Benefits under section 440.192 . . .
. . . noncompliance with the procedural provisions of section 440.191, Florida Statutes (Supp.1994), and section 440.192 . . . claimant’s petition, without prejudice, based upon failure to meet the specificity requirements of section 440.192 . . . certificate indicating that a good faith effort had been made to resolve the dispute as required by section 440.192 . . .
. . . Judge of Compensation Claims (JCC) finding that claimant’s attorney is entitled to a fee under section 440.192 . . . Rather, the JCC should look to section 440.192(8), Florida Statutes (Supp.1994): Within 14 days after . . . The legislature also enacted section 440.192(8), set out above, requiring payment of benefits within . . . the issue of compensability that could not have been discovered in the reasonable investigation-” § 440.192 . . . The JCC erred by finding section 440.192(8), Florida Statutes (Supp.1994), controlling as to attorney . . .
. . . The Appellant filed a petition for benefits pursuant to section 440.192(1), Florida Statutes (Supp.1994 . . . Lazzara dismissed without prejudice the petition for failure to comply with section 440.192(2)(b), (d . . . Following a hearing, Judge Hoch found that the petition complied with sections 440.192(2)(b) and (d) . . . but failed to comply with section 440.192(2)(i). . . . Section 440.192(2)(i), Florida Statutes (Supp. 1994) (emphasis supplied). . . .
. . . alternate ground that the e/c failed to move for dismissal within thirty days as required by section 440.192 . . .