The 2023 Florida Statutes (including Special Session C)
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. . . burden of proving a break in the causal chain and by failing to find waiver by the E/C under section 440.20 . . .
. . . Mar. 5, 2018) (holding that the state-court decision denying the petitioner's CPL § 440.20 motion did . . .
. . . in Kings County, denying Plaintiff's 440.20 Motion. . . . A (the "440.20 Opinion") ). . . . of his 440.20 Motion - both because it establishes that Plaintiff submitted the motion on March 29, . . . However, that same Opinion makes clear that Plaintiff's 440.20 Motion was pro se. (Pl. Opp., Ex. . . . Penal Law § 440.20 (the "440.20 Opinion") ) ). . . .
. . . Compensation Claims (JCC) erred by failing to complete the analysis required by case law and section 440.20 . . . renew its investigation after receipt of the additional information in this case. 120-Day Rule Section 440.20 . . . to benefits under this chapter" and whether they denied compensability within 120 days thereafter. § 440.20 . . .
. . . benefits under the pay-and-investigate provision of the Florida Workers' Compensation Law, section 440.20 . . .
. . . ." § 440.20(10), Fla. Stat. (2014). . . .
. . . Second, whether the JCC erred in preventing the Claimant from asserting that section 440.20(4), Florida . . . amendment of the pretrial stipulation to include consideration of the waiver argument under section 440.20 . . .
. . . discretion of a judge of compensation claims to award an advance payment of compensation under section 440.20 . . . In context, the type of interest that is furthered by an advance under section 440.20(12)(c)(2) must . . . nexus" standard similar to the one this court has developed in cases involving advances under section 440.20 . . .
. . . the Judge of Compensation Claims (JCC) denying her request for a $2,000 advance pursuant to section 440.20 . . . Section 440.20(12)(c) 2. provides: In the event the claimant has not returned to the same or equivalent . . . otherwise would frustrate the purpose of the advance statute and would contravene the language in section 440.20 . . . foregoing, we hold that a JCC may consider a claimant's financial need for an advance pursuant to section 440.20 . . .
. . . See § 440.20(4), Fla. Stat. (2015) ; see also Sierra v. . . .
. . . Employer/Carrier (E/C) waived the right to contest compensability of his injuries under subsection 440.20 . . . Subsection 440.20(4) provides, in pertinent part: If the carrier is uncertain of its obligation to provide . . . have three options: pay, deny, or pay and investigate within 120 days in accordance with subsection 440.20 . . . The E/C elected to pay and investigate under the 120-day rule of subsection 440.20(4). . . . so, she first found that the E/C had not waived their right to deny compensability under subsection 440.20 . . .
. . . major contributing cause (“MCC”); and 2) applying, sua sponte, the “120-Day Rule” pursuant to section 440.20 . . . Claimant’s memorandum did not raise the “120-Day Rule” under section 440.20(4) or attach case law concerning . . . a “preexisting condition” in accordance with case law; and 2) pursuant to “120-Day Rule” of section 440.20 . . . “The 120-Day Rule” Section 440.20(4), commonly referred to as the “120-Day Rule,” allows a carrier the . . . (4); specifically, by “mis-characterizing section 440.20(4) as ‘mandatory’ and ‘not in the nature of . . .
. . . . § 440.20, which set forth definitions of "Outpatient Hospital Services" and "Rural Health Clinic Services . . . See 42 C.F.R. § 440.20(a). . . . . § 440.20(a). . . . They argue that CMS' "New Rule" effectively amends § 440.20(a) by excluding hospital-based FQHC costs . . . The "New Rule" is inconsistent with § 440.20(a), as the services provided by the hospital-based FQHCs . . .
. . . denied compensability and after the E/C began providing benefits under the 120-day rule of section 440.20 . . . The “pay-and-investigate” rule of Subsection 440.20(4), Florida Statutes (2014), provides as follows . . . Under subsection 440.20(4), the E/C were required to pay all benefits due “as if the claim had been accepted . . . Dickson, 67 So.3d 1080, 1083 (Fla. 1st DCA 2011) (holding section 440.20(4) does not preclude E/C from . . . It should be noted that prior to October- 1, 2003, subsection 440.20(4) permitted an E/C the option of . . .
. . . owed his attorney for obtaining a washout settlement of his workers’ compensation case under section 440.20 . . .
. . . See § 440.20(4), Fla. Stat. . . .
. . . challenges the exclusion of evidence and the rejection of his argument based on the “120-day rule,” section 440.20 . . .
. . . See §§ 440.20(6) (penalties) & 440.20(8) (interest), Fla. Stat. (2008). . . .
. . . admissible under section 440.13(5)(e), or the employee could petition for an advance under section 440.20 . . .
. . . successful claimant: (1) If the employer or carrier shall file notice of controversy as provided in s.440.20 . . .
. . . Judge of Compensation Claims’ (JCC’s) order denying her request for a $2,000 advance under subparagraph 440.20 . . . To qualify for an advance under subparagraph 440.20(12)(e)2., Claimant was required to show “one of the . . .
. . . By its title and its context, rule 60Q-6.123(5) applies only to settlements under section 440.20(11), . . . 60Q-6.124(2), which is the applicable rule for fees and costs paid by a carrier apart from section 440.20 . . . While we express no opinion concerning the validity of rule 60Q-6.123(5) for settlements under section 440.20 . . .
. . . purported major contributing cause], it should either pay for them, pay and investigate under section 440.20 . . . investigation, and that it will advise the employee of claim acceptance or denial within 120 days. § 440.20 . . . to any benefit allowed in Chapter 440” — with one single exception: an advance payment under section 440.20 . . .
. . . rejected Claimant’s waiver argument based on the 120-day “pay and investigate” rule under subsection 440.20 . . . Application of Subsection 440.20(4) To prove entitlement to the requested psychiatric treatment, Claimant . . . Subsection 440.20(4) provides that where a carrier is uncertain as to its obligation to provide' benefits . . . Stat. (2011) (“A carrier that does not deny compensability in accordance with s. 440.20(4) is deemed . . . See § 440.20(4), Fla. Stat. (2011). . . .
. . . Law § 440.20; Notice of Motion to Set Aside Sentence, Feb. 21, 2009, EOF No. 20-12 at 2-3. . . . See Aff. in Supp. of C.P.L. § 440.20 Mot. to Set Aside Sentence, Feb. 21, 2009, EOF No. 20-12 at 4-9. . . .
. . . challenged' his sentencing only through -a post-conviction motion under New York Criminal Procedure Law § 440.20 . . . (“440.20 motion”): Id. at 8. . . . Petitioner’s counsel’s brief to the Second Department appealing the denial of Petitioners 440.20 motion . . .
. . . Furthermore, sub-subsections 440.20(1 l)(a) and (c) permit a "claimant” to settle a workers' compensation . . .
. . . right to challenge compensability of Claimant’s post-traumatic stress disorder (PTSD) under section 440.20 . . .
. . . Law §§ 440.10, 440.20 (“440 Motion”). Petition at ¶ 9, p. 16; Opp. at ¶ 75-76. . . .
. . . . § 440.20 instead of 42 C.F.R. § 440.240 — when they make this argument. . . . . § 440.20. . . . .
. . . Judge of Compensation Claims (JCC): the first denies an advance payment of compensation under section 440.20 . . . An advance payment of compensation under section 440.20(12)(c) is a discrete benefit that is different . . .
. . . reverse that ruling (save penalties and interest, which are not due on medical benefits, see section 440.20 . . .
. . . The agreement was entered pursuant to section 440.20(ll)(c)-(e) of Florida’s Workers’ Compensation Law . . . , and contains the following release: ELECTION AND WAIVER: Pursuant to Florida Statutes, Section 440.20 . . . consideration described in the settlement agreement (i.e., a lump-sum payment authorized by section 440.20 . . . See § 440.20(1l)(c)-(d), Fla. Stat. . . .
. . . brief — that the E/C is estopped from denying compensability based upon the "120-day rule” in section 440.20 . . .
. . . Section 440.20(12), Florida Statutes (2011), permits advances of up to $2,000 on the following proof: . . . whether an item is classified as a “luxury” is not a proper factor for consideration under section 440.20 . . . is not required to live a pauper’s life to be eligible for an advance of up to $2,000 under section 440.20 . . . Advances in excess of $2,000 are permitted under subsections 440.20(12)(c)3. and (12)(d), and those subsections . . . Allied Aerofoam, 48 So.3d 888, 889 (Fla. 1st DCA 2010), “[sjection 440.20(12)(c)2. requires the JCC to . . .
. . . . § 440.20 to set aside his sentence. (Id. ¶ 26). . . .
. . . (JCC) abused her discretion in denying her a $2,000 advance of compensation as permitted by section 440.20 . . . Claimant met the preliminary test of entitlement to an advance payment of compensation under section 440.20 . . .
. . . the correct standard in determining whether the Employer/Carrier (E/C) was estopped, under section 440.20 . . . wrong legal standard and, thus, erred by concluding the E/C was not estopped by operation of section 440.20 . . . Snyder, 765 So.2d 752, 754 (Fla. 1st DCA 2000) (holding section 440.20(4) applies to any claim for compensability . . . compensability that it could not have discovered through reasonable investigation within the 120-day period.” § 440.20 . . . JCC rejected Claimant’s argument that the “120-day pay and investigate rule” as set out in section 440.20 . . .
. . . August 26, 1997, when Geraci was denied leave to appeal the Appellate Division’s denial of his section 440.20 . . .
. . . Claimant permissibly withdrew from the settlement before it was approved by the JCC as required by section 440.20 . . .
. . . Section 440.20(8)(b), is clear, for instance, that DFS: shall monitor, audit, and investigate the performance . . .
. . . denied, because the Employer/Carrier made use of the “pay and investigate” rule set out in section 440.20 . . . handled by the Employer/Carrier “as if the claim had been accepted as compensa-ble,” under section 440.20 . . . Florida Statutes (2011), during the period when the case was accepted as if compensable under section 440.20 . . . liable for impairment benefits during the period when the case was accepted as compensable under section 440.20 . . .
. . . . § 440.20(2)(d) (2011) (providing that the state Medicaid agency "may place appropriate limits on a . . .
. . . settlement agreement — one for which the JCC had already approved the attorney’s fees as required by section 440.20 . . . under chapter 440 because (as the parties concede) the agreement was entered into pursuant to section 440.20 . . .
. . . On June 22, 2009, Walker moved pursuant to New York Criminal Procedure Law § 440.20 in the New York Supreme . . .
. . . Under Florida Statute § 440.20(1 l)(c), a workers’ compensation claimant, if counseled, may waive any . . . Stat. § 440.20(1 l)(c), (d). .The Estate’s suit also included a declaratory judgment claim and a bad . . .
. . . directing its recoupment of an advance payment of compensation made to Claimant pursuant to section 440.20 . . .
. . . See § 440.20(6), Fla. Stat. (2008); see also Jones v. City of St. . . .
. . . Section 440.20(ll)(a) now permits unrepresented claimants to settle their rights to future benefits “ . . . Likewise, section 440.20(ll)(b)’s application is also limited to unrepresented claimants, and allows . . . Section 440.20(ll)(e) was added in 2001 and applies only to represented claimants. . . . .” § 440.20(ll)(c), Fla. Stat. . . . See §§ 440.20(ll)(c) & 440.21(2), Fla. Stat. (2003).” Vallecillo, 982 So.2d at 735. . . .
. . . Kuhn) of a $2000 advance under section 440.20(12), Florida Statutes. . . . , the sole purpose of which was to obtain payment of a $2000 advance under the authority of section 440.20 . . . Nothing in section 440.20(12)(c)(2) suggests that requests for advances are entitlements that JCCs are . . . But the legal question of what “interest” under section 440.20(12)(c)(2) is sufficient to justify an . . . In context, the type of interest that is furthered by an advance under section 440.20(12)(c)(2) must . . .
. . . Claims (JCC) erred in denying his request for a $2,000 advance, which was made pursuant to section 440.20 . . . , was appropriate, the JCC asked Claimant’s counsel why $2,000 was requested and noted that section 440.20 . . . Section 440.20(12), Florida Statutes (2011), provides in part: (c) In the event the claimant has not . . .
. . . Florida Statutes (2008), when the E/C made a $2,000 advance compensation payment pursuant to section 440.20 . . . We conclude, ,to the contrary, that payment of an advance under section 440.20(12) does not equate to . . . February 8, 2011, Claimant filed an unopposed motion for a $2,000 advance as authorized by section 440.20 . . . The JCC denied Claimant’s petition, concluding that an advance paid pursuant to section 440.20(12) is . . . Section 440.20(12)(c), Florida Statutes (2008), permits claimants to request and obtain advances of up . . .
. . . See § 440.20(4), Fla. Stat. (2004); Ch. 93-415, § 26, at 139, Laws of Fla. . . . (creating section 440.20(4)). . . .
. . . In addition, his Petition was filed six months before Petitioner’s April 2008 CPL § 440.20 post-conviction . . .
. . . Sections 440.20(6) and 440.20(8), Florida Statutes, govern penalties and interest, respectively. . . . Hood, 790 So.2d 578, 580 (Fla. 1st DCA 2001) (applying section 440.20(6)); E. Indus., Inc. v. . . . unless such nonpayment results from conditions over which the employer or carrier had no control.” § 440.20 . . . Notably, this subsection contains no exceptions; in contrast to section 440.20(6), it does not condition . . . words “and interest” are dicta in the Corkery opinion, given that the relevant wording of subsections 440.20 . . .
. . . Accordingly, Judge McGuire concluded that he was barred from reconsidering the question pursuant to CPL § 440.20 . . .
. . . entered into the Agreement and, therefore, Claimant settled his workers’ compensation claim as section 440.20 . . . Pursuant to section 440.20(1l)(c), a represented “claimant may waive all rights to any and all benefits . . . See § 440.20(ll)(c), Fla. . . .
. . . See § 440.20(12)(c), Fla. Stat. (2010). . . .
. . . JOHNSON’S SECOND SENTENCING On July 15, 2008, Johns on filed a pro se motion under CPL § 440.20, challenging . . .
. . . The first of the two § 440.20 motions also requested in the alternative that Petitioner be allowed to . . . Granted, in the first § 440.20 motion, like the Article 78 petition, Petitioner urged that DOCS erred . . . The first § 440.20 motion, therefore, unlike the Article 78 petition, sought relief from the judgment . . . To equate the Article 78 petition and the first § 440.20 motion would require us to ignore the portion . . . of Petitioner’s § 440.20 motion in which he sought vacatur of the pertinent judgment, and to read the . . .
. . . until thirty days after it has been mailed to the parties, unless a timely appeal is filed, section 440.20 . . .
. . . DCA 2011) (holding “JCC denied E/C due process when she sua sponte raised the application of section 440.20 . . . See § 440.20(6)(a), Fla. Stat. (2009)”). . . .
. . . See § 440.20(6)(a), Fla. Stat. (2005); Bell v. Univ. of Fla., 652 So.2d 460 (Fla. 1st DCA 1995). . . .
. . . See § 440.20(6)(a), Fla. Stat. (2009). . . .
. . . Department of Financial Services (DFS) imposing a $13,250 penalty on the School Board under section 440.20 . . . The sole issue on appeal is whether, for purposes of section 440.20(8)(b), the phrase “late payments” . . . The language in section 440.20(8)(b) is clear and unambiguous. . . . The School Board argues that section 440.20(8)(b) should be construed in pari materia with section 440.20 . . . (6)(a) has no bearing on the proper interpretation of section 440.20(8)(b). . . .
. . . Compensations Claims (JCC) erred in awarding compensation based on its improper application of section 440.20 . . . However, despite neither party arguing for application of the provisions of section 440.20(4)— which . . . The JCC denied the E/C’s motion, finding that: The provisions of F.S. 440.20(4) are mandatory and not . . . Here, the JCC denied the E/C due process when she sua sponte raised the application of section 440.20 . . . Because the JCC’s sua sponte application of section 440.20(4) was in error, and because section 440.20 . . . finding the JCC violated the E/C’s right to due process by sua sponte raising the application of section 440.20 . . .
. . . .”) § 440.20, arguing that because he was not informed of the term of post-release supervision at the . . .
. . . . § 440.20 motion and had served out his prison time. . . .
. . . . § 440.20 motion in Erie County Court because there is no time limit within which to file such a motion . . . C.P.L. § 440.20(1)(2). Thus, I cannot say that an Eighth Amendment claim is procedurally defaulted. . . . (under C.P.L. § 440.20(3), a state court has discretion to consider a motion in the interest of justice . . . Sept. 6, 2005) (because C.P.L. § 440.10(3) and § 440.20(3) were discretionary, the court was not prepared . . .
. . . . § 440.20 to set aside the sentence on the ground that it is unconstitutional, his Eighth Amendment . . .
. . . .”) §§ 440.10 and 440.20, arguing that the indictment was jurisdictionally defective, the indictment . . . filed a second pro se motion to vacate the conviction and sentence pursuant to C.P.L. §§ 440.10 and 440.20 . . .
. . . On November 26, 1997, Petitioner brought a motion pursuant to CPL § 440.10 and § 440.20 to vacate the . . .
. . . requested benefits, file a notice of denial, or invoke the “pay and investigate” provisions of section 440.20 . . .
. . . motion to set aside his sentence as illegal pursuant to New York Criminal Procedure Law (“C.P.L.”) 440.20 . . . throughout the case.... ” The trial court denied the motion in accordance with the express terms of C.P.L. § 440.20 . . . as stating a comprehensible claim, it is unexhausted because it was raised only in Reeb’s C.P.L. § 440.20 . . . recent application for state court review, the 2001 motion to vacate his sentence pursuant to CPL § 440.20 . . .
. . . Penalties Section 440.20(6)(a), Florida Statutes (2007), provides in pertinent part: If any installment . . . In addressing when benefits become due, section 440.20(2)(a), Florida Statutes (2007), provides: The . . . Construction of section 440.20(6)(a) in a manner that requires a claimant to prove entitlement to PTD . . . (6)(a), in bi-weekly installments pursuant to section 440.20(2)(a), commencing 14 days from the date . . . (8)(a) the same analysis we apply to penalties under section 440.20(6)(a). . . .
. . . Section 440.20(12)(c), Florida Statutes (2009), permits a JCC to award an advance payment of compensation . . . conditions pertinent to the inquiry of the appropriateness of such advances are those stated in section 440.20 . . . presumptive knowledge of this court’s holding in Williams, the Legislature elected not to amend section 440.20 . . . Section 440.20(12)(c)2. requires the JCC to consider the “interests of the person entitled [to the advance . . . See § 440.20(12)(c), Fla. Stat. (2009). . . .
. . . .”) § 440.10 and § 440.20. . . .
. . . . §§ 440.10/440.20 Motion at pp. 1-2; see also Petitioner’s Memorandum of Law in Support of C.P.L. §§ . . . 440.10/440.20 Motion at pp. 16-19. . . . Judge DiTullio issued a written decision and order denying the C.P.L. §§ 440.10/440.20 Motion and the . . . his conviction and the denial of his C.P.L. § 440.20 motion. . . . Carrington, attached as Exhibit A to Petitioner’s C.P.L. § 440.10/440.20 Motion. . . . .
. . . See § 440.20(8)(a), Fla. Stat. (2007). . . . for interest ... is granted” and “[i]nterest should be calculated pursuant to Florida Statute[s] § 440.20 . . .
. . . On January 15, 2008, a state court granted Graham’s motion brought pursuant to section 440.20 of the . . .
. . . In a collateral proceeding brought pursuant to New York Criminal Procedure Law § 440.20, Phillips raised . . . Thereafter, Phillips appealed both his conviction and the denial of his Section 440.20 motion. . . . the Appellate Division unanimously affirmed the underlying conviction and the denial of the Section 440.20 . . .
. . . . § 440.20, which may be filed at any time. Resp’t Mem. at 29 (citing People v. . . .
. . . .”) § 440.20. . . .
. . . the Employer agreed to provide benefits subject to the “pay and investigate” provisions in section 440.20 . . .
. . . See § 440.20(6), (8), Fla. Stat. (2003). . . .
. . . not late, and, despite the October 15, 2007, order, penalties and interest were prohibited by section 440.20 . . . 15, 2007, order as a basis for awarding penalties and interest, reasoning, correctly, that section 440.20 . . . days after the date the judge of compensation claims mails the order approving the attorney’s fees.” § 440.20 . . . This delay in payment exceeds the 14 days dictated by section 440.20(ll)(c), Florida Statutes. . . .
. . . The E/C began providing benefits under the 120-day rule outlined in section 440.20(4), Florida Statutes . . .
. . . See § 440.20(11)(c), Fla. Stat. (2004); Eshlibi v. Consol. . . .
. . . .”) §§ 440.10 and 440.20 for vacatur of the judgment. . . . first two claims were raised in Congelosi’s post-judgment motions pursuant to C.P.L. §§ 440.10 and 440.20 . . .
. . . Orlando, 997 So.2d 1089, 1094 (Fla.2008) (“We conclude that if the Legislature had intended for section 440.20 . . .
. . . factors as follows: (1) If the employer or carrier shall file notice of controversy as provided in s. 440.20 . . .
. . . Introduction The City asserts that the 2001 amendment that added subsection (c) to section 440.20(11) . . . In 2001, the Legislature added subsection (c) to section 440.20(11), which is quoted above. . . . We conclude that if the Legislature had intended for section 440.20(1 l)(c) to constitute an explicit . . . by counsel” to the beginning of section 440.20(ll)(b). . . . This lone addition to section 440.20(ll)(b) modified this entire subsection, making representation by . . . In 2001, the Legislature amended section 440.20(11) to include the language presently found in subsection . . . Sunshine Co., 894 So.2d 311 (Fla. 1st DCA 2005) (holding that since the 2001 amendment to section 440.20 . . . So.2d 734 (Fla. 1st DCA 2008) (holding that where the claimant is unrepresented by counsel, section 440.20 . . . To date, the First District is the only district court of appeal to address the effect of section 440.20 . . . Section 440.20(1 l)(c) reads: (c) Notwithstanding s. 440.21(2), when a claimant is represented by counsel . . .
. . . Law § 440.20, which was denied on September 8, 1994. . . . Law § 440.20, which was denied on February 10, 1997. . . . On March 12, 1997, McKithen filed a pro se motion for leave to appeal the denial of his second § 440.20 . . .
. . . compensation claims erred in enforcing the settlement agreement because it did not comply with section 440.20 . . . compensation claims concluded that he did not have jurisdiction to rescind the agreement under section 440.20 . . . Absent compliance with section 440.20(11), any agreement by the claimant to waive his right to workers . . . See §§ 440.20(11)(c) & 440.21(2), Fla. Stat. (2003). . . .
. . . 26, 2005, Walker challenged his sentence collaterally by filing a pro se motion pursuant to section 440.20 . . . However, in Walker’s pro se section 440.20 motion, he raised the fact that the PRS was added by DOCS . . . motion and seeking leave to appeal from the Appellate Division, First Department when the section 440.20 . . . The denial of leave to appeal in the Appellate Division was the final blow to Walker’s section 440.20 . . . The court denied his § 440.20 motion on December 13, 2005, concluding that “as the sentence was plainly . . .
. . . Law § 440.20; Harrison’s Rule 60(b) Mot. at 7; Resp. Aff. at 11. . . .
. . . .”) § 440.20 to set aside his sentence, claiming that he was improperly adjudicated a predicate felony . . . Procedural Background On December 28, 2004, Petitioner filed a pro se motion pursuant to C.P.L. § 440.20 . . . On March 16, 2005, Petitioner moved, pro se, for leave to appeal the denial of his C.P.L. § 440.20 motion . . . Moreover, Petitioner failed to present any constitutional claim to the state courts in his C.P.L. § 440.20 . . . In addition, Petitioner has already filed a C.P.L. § 440.20 motion to set aside his sentence based on . . .
. . . services are referred to in regulation at 42 CFR 440.10 (“Inpatient hospital services”) and 42 CFR 440.20 . . . time the service was provided; (4) the service was a “facility service,” under 42 C.F.R. § 440.10 or § 440.20 . . . 93-638, 88 Stat. 2203. . 42 C.F.R. § 440.10 (defining "inpatient hospital services”) and 42 C.F.R. § 440.20 . . .
. . . Law § 440.20 motion, which more clearly articulated that Janick "most likely committed the act charged . . .
. . . Section 440.20(6), Florida Statutes (2001), provides that, if the E/SA fail to make payment of impairment . . . Section 440.20(8), Florida Statutes (2001), provides that the E/SA shall also pay interest from the date . . . interest on the E/SA’s late payment of impairment benefits for claimant’s back injury pursuant to section 440.20 . . . (6) and section 440.20(8), Florida Statutes (2001). . . .