The 2023 Florida Statutes (including Special Session C)
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. . . . review a compensation case in accordance with the procedure prescribed in respect of claims in s. 440.25 . . . holding that term "compensation" as used in § 440.09(3) includes both medical and disability benefits); § 440.25 . . . Because the E/C filed a Petition for Modification initiating litigation as governed by section 440.25 . . .
. . . In this workers' compensation case, we address the interplay between section 440.25(4)(i), Florida Statutes . . . In Limith , this Court reasoned: Although section 440.25(4)(i) states that a JCC "may" dismiss a petition . . . The word "may" must also be considered in context with the rest of section 440.25(4)(i) referencing " . . . As illustrated by the facts of this case, the interaction of sections 440.19 and 440.25(4)(i) can prompt . . . However, the Legislature did not include a similar notice requirement or grace period in section 440.25 . . .
. . . Section 440.25(6), Florida Statutes (1987), provides that “[a]n injured employee claiming or entitled . . .
. . . An EMA opinion is admissible as provided in § 440.25(4)(d), Fla. . . .
. . . purchase prices that Plaintiffs paid Terra-Gen in the Alta II-V transactions were (approximately): $440.25 . . .
. . . Section 440.25(4)(d), Florida Statutes (2013), provides in part: When there is a conflict in the medical . . .
. . . Tyrka and $440.25 for the costs incurred in pursuing the matter before this Court. See Pis.’ Mot. . . . The Plaintiffs Should Be Awarded Fees of $7,351.57, and Costs of $440.25 Applying the above formula, . . .
. . . See § 440.25(2), Fla. Stat. . . .
. . . on an untimely request, would be in contravention of the plain language of sections 440.13(9)(c) and 440.25 . . . the JGC’s appointment of an EMA violates the 210-day deadline for holding a hearing set by section 440.25 . . .
. . . Sections 440.13(9)(b) and section 440.25(4)(d) anticipate that EMAs may provide “testimony” to the JCC . . . In addition, section 440.25(4)(d) goes on to provide that “the testimony of the [EMA] shall be admitted . . . Accordingly, nothing in sections 440.13 or 440.25 supports the JCC’s conclusion. . . .
. . . We agree; section 440.25(4)(i), Florida Statutes, the authority for motions to dismiss, applies to pending . . . that the claim is no longer brought via a PFB and, therefore, not subject to dismissal under section 440.25 . . . Although section 440.25(4)(i) states that a JCC “may” dismiss a petition for lack of prosecution, that . . . The word “may” must also be considered in context with the rest of section 440.25(4)(i) referencing “ . . . good cause shown”; specifically, section 440.25(4)(i) provides a JCC may dismiss a PFB “unless good cause . . .
. . . . § 440.25(5)(a), Fla. Stat; Fla. R. App. P. 9.180(b)(1). . . .
. . . Rain, 892 So.2d 1839, 1341 (Fla. 1st DCA 1980) (“While section 440.25(3) (b) [, Florida Statutes (1977 . . .
. . . Section 440.25(4), Florida Statutes (2009), sets out the procedure for hearings. . . . The final hearing is to be concluded within 90 days of the mediation conference (see § 440.25(4)(b), . . . Stat.) or 210 days after the PFB is filed (see § 440.25(4)(d), Fla. Stat.). . . . Section 440.25(4)(c) requires the JCC to give the parties at least 14 days’ notice of the final hearing . . . orders are to be conducted “in accordance with the procedure prescribed in respect to claims in s. 440.25 . . .
. . . The bill was actually for $440.25, as it included $10 for an active military search and $5.25 for a skip . . .
. . . See §§ 440.13(9)(c) & 440.25(4)(d), Fla. Stat. . . .
. . . protest, it shall refer the matter to the judge of compensation claims for determination pursuant to s. 440.25 . . .
. . . jurisdiction over PFBs that have been filed, but not mediated, because mediation is mandatory under section 440.25 . . .
. . . Thereafter, the JCC shall, in accord with sections 440.13(9)(c) and 440.25(4)(d), Florida Statutes, consider . . .
. . . Subsection 440.25(4)(d) requires that the final hearing be held within 210 days from the filing of the . . . The timeframes established in section 440.25, however, are neither inflexible nor inviolable. . . . Subsection 440.25(4)(d) specifically grants a claimant the power to “waive the timeframes within ... . . . section [440.25] for good cause shown.” . . . On the other hand, it should be noted that the actual grant of a continuance under subsection 440.25( . . .
. . . . §§ 440.13(9)(c) & 440.25(4)(d), Fla. Stat.; Romero v. . . . legally required to appoint an Expert Medical Advisor (“EMA”) to resolve the conflict. §§ 440.13(9)(c) & 440.25 . . .
. . . post-hearing evidence “for good cause shown” (a standard not used by the JCC here), and under section 440.25 . . . Code R. 60Q-6.121(5); see also § 440.25(4)(b), Fla. Stat. (2012). . . .
. . . Analysis Section 440.25(5)(a), Florida Statutes (2011), provides that “Procedures with respect to appeals . . . mediation (a mandatory condition precedent to the presentation of a claim at a merits hearing, see section 440.25 . . .
. . . . § 440.25(4)(d), Fla. . . .
. . . thereafter resolved, and were not dismissed for lack of prosecution under the authority of section 440.25 . . .
. . . Further, section 440.25(4)(3), Florida Statutes (2008), requires a JCC to draft compensation orders containing . . .
. . . modification shall be handled “in accordance with the procedure prescribed in respect of claims in s. 440.25 . . . ”); see also 440.25, Fla. . . .
. . . dismiss this appeal based on the Appellant’s purported failure to post a bond as required under section 440.25 . . .
. . . Fla. 1st DCA 2008) (reversing JCC’s dismissal of petitions based on claimant’s violation of section 440.25 . . .
. . . Even though, pursuant to section 440.25(5)(a), Florida Statutes (2002), an order is not final until thirty . . . Seven-Up Bottling Co., 83 So.2d 269, 270 (Fla.1955) (“Section 440.25(4), supra, specifying when the award . . .
. . . See § 440.25(4)(d), Fla. Stat. (2008). . . .
. . . See § 440.25(5)(a), Fla. . . .
. . . The statute in effect on the date of Claimant’s accident, section 440.25(3)(b), Florida Statutes (1981 . . . Florida Statutes (1987), but JCC may not require E/C to pay for examination unless, as stated in section 440.25 . . . Eventually, the “tie-breaker” provision in section 440.25(3)(b) became the EMA provision codified at . . .
. . . See also § 440.25(4)(d), Fla. Stat. (2010); Byrd v. . . .
. . . employee’s repayment of indemnity benefits), does not impose interest on unpaid principle); see also § 440.25 . . .
. . . See § 440.25(5)(a), Fla. . . .
. . . See § 440.25(5)(a), Fla. . . .
. . . for the Judges of Compensation Claims (JCC) to follow when dismissing a PFB sua sponte under section 440.25 . . . See § 440.25(4)(i), Fla. Stat. . . . And section 440.25(4)(i) specifically contemplates that such notices will be filed because that is one . . .
. . . “On the other hand, sections 440.13(9)(c) and 440.25(4)(d) contemplate resort to an [EMA], even if the . . .
. . . See § 440.25(5)(a), Fla. . . .
. . . See § 440.25(5)(c), Fla. Stat. (2009); Fraternal Order of Eagles v. . . .
. . . See § 440.25(5)(a), Fla. . . .
. . . See § 440.25(5)(a), Fla. Stat. (2007); Fla. R.App. P. 9.180(b)(2); Millinger v. . . .
. . . based on his belief that it had been pending too long, the proper procedure would be to invoke section 440.25 . . .
. . . See § 440.25(5)(c), Fla. Stat. (2008); Fraternal Order of Eagles v. . . .
. . . by dismissing, with prejudice, his attorney’s fee claim for lack of prosecution pursuant to section 440.25 . . . a hearing, the JCC found that she had the authority to dismiss the fee petition pursuant to section 440.25 . . . First, the JCC erred in relying on section 440.25(4)(i) to dismiss the petition with prejudice. . . . Section 440.25(4)(i), Florida Statutes, provides: A judge of compensation claims may ... dismiss a petition . . . P., 891 So.2d 474, 479 (Fla.2004), and it was effectively replaced by section 440.25(4)(i). . . .
. . . Further, the report or testimony of the EMA shall be admitted into evidence, see section 440.25(4)(e) . . .
. . . See § 440.25(4)(e), Florida Statutes (2005), see also Chavarria v. . . .
. . . Section 440.25(4)(e), Florida Statutes, requires the JCC only to “set forth the findings of ultimate . . .
. . . .” § 440.25(4)(i), Fla. Stat. (2008). . . . discretion by dismissing Claimant’s petitions without complying with the statutory requirements of section 440.25 . . .
. . . . §§ 1-440.4; l-440.16(a)(6); 1-440.25. . . .
. . . The remaining two grounds challenge the JCC’s determination that sections 440.25(4)(d) and 440.192(9) . . . psychiatric care, the E/C argued the claim was barred on grounds of res judicata and application of section 440.25 . . . Finally, the JCC found section 440.25(4)(d), Florida Statutes, was substantive and did not apply to the . . . At issue here is the addition of the following language at the end of section 440.25(4)(d), Florida Statutes . . .
. . . JCC Harnage was correct in determining he had jurisdiction to vacate his final order under section 440.25 . . . Section 440.25(5)(a), Florida Statutes, provides that a JCC’s order becomes final 30 days after mailing . . . Because JCC Harnage’s order was not final under section 440.25(5)(a), Florida Statutes, and because JCCs . . .
. . . effected by the Sheriff levying on the defendant’s property under the garnishment procedure found at 1-440.25 . . . Section 1-440.25 contemplates a levy by the Sheriff delivering to the garnishee, or his legal agent, . . . Gen.Stat. 1-440.25. . . . An exception to the 1 — 440.25 method of levy applies where the asset to be garnished is a stock interest . . . distribution could either be considered a stock interest under 1-440.19 or a debt owed to him under 1-440.25 . . .
. . . for sanctions based on Claimant’s violation of the mediation confidentiality requirements of section 440.25 . . . In the instant case, Claimant violated section 440.25(3), Florida Statutes (2004), which provides, in . . .
. . . Section 440.25(3)(b), Florida Statutes (2006), provides, in part: “In the event both parties agree, the . . .
. . . See § 440.25(4)(d), Fla. . . .
. . . bar on one who did not move for a vacation of the order within the 30-day period provided in section 440.25 . . . Abbreviated final orders under section 440.25(4)(d), Florida Statutes, shall be enforceable under section . . . by operation of law became final, i.e., 30 days after mailing copies of the order to the parties. § 440.25 . . . Section 440.25(4)(d), Florida Statutes (2005), relating to mediation proceedings, permits a JCC to "enter . . . Section 440.25(4)(e) requires, among other things, that the order contain "findings of ultimate facts . . .
. . . shall make findings sufficient to permit intelligent review of his decision, as required by section 440.25 . . .
. . . filed for an emergency medical hearing before the judge of compensation claims pursuant to section 440.25 . . . Section 440.25(4)(h) states: Notwithstanding any other provision of this section, the judge of compensation . . . Yet, there is no allegation or evidence that Aguilera ever sought relief under section 440.25(4)(h) or . . . dissent voices the view that a worker subjected to abuses such as these would find relief in section 440.25 . . . Section 440.25 is not an available optional procedure that provides relief or compensation for these . . .
. . . . § 440.25. . . . F.S.A. § 440.25; see Clover v. Total System Services, Inc., 176 F.3d 1346 (11th Cir.1999). . . .
. . . the basis for its authority to adopt the rules came from the Legislature and sections 440.29(3) and 440.25 . . .
. . . . § 440.25(4)(d), Fla. Stat. (2003); Scottie-Craft Boat Corp. v. Smith, 336 So.2d 1150 (Fla.1976). . . .
. . . he lacked jurisdiction to vacate his previous order, which had become final by operation of section 440.25 . . . statutory or procedural authority to vacate and/or amend orders which became final by operation of section 440.25 . . . amend orders is expressly limited to those orders ‘which are not yet final by operation of section 440.25 . . . DCA 1998), is misplaced because that argument does not take into account the requirement of section 440.25 . . . See § 440.25(4)(e), Fla. Stat; Millinger, 672 So.2d at 27; Taylor, 520 So.2d at 560; W.T. . . .
. . . review a compensation case in accordance with the procedures prescribed in respect of claims in s. 440.25 . . .
. . . and misinterpreted the interplay between that provision and the time limit requirements of section 440.25 . . . The time limitations of section 440.25 are directory, not mandatory. See Brown v. . . .
. . . Section 440.25(4)®, Florida Statutes (2003). WOLF, C.J., PADOVANO and POLSTON, JJ., concur. . . .
. . . Section 440.25, Florida Statutes, clearly contemplates that a final order will be issued within 30 days . . .
. . . cannot be considered a conclusion on the merits or a final compensation order, as defined in section 440.25 . . .
. . . Section 440.25(3)(b), F.S.1951, F.S.A. . . . In 1967, the Florida Legislature amended section 440.25(3)(c), Florida Statutes, to provide: The order . . . Statutes (1975): The detail in which such findings must be stated is succinctly described in Section 440.25 . . . Moreover, the statute relied upon in Pierce remains unchanged today and is codified at section 440.25 . . . Section 440.25(3)(b), Florida Statutes (1951), provided in pertinent part: "The order rejecting the claim . . . discussion of the JCC’s fact-finding responsibility following the legislature’s amendment to section 440.25 . . .
. . . final order, but by that time, the abbreviated order had already become final by operation of section 440.25 . . .
. . . Venue shall be governed by section 440.25(4)(d), Florida Statutes. (b) Consolidated Petitions. . . . The changes were made to make rule 4.105 consistent with section 440.25(4)(j), Florida Statutes. . . . Abbreviated final orders entered under section 440.25(4)(d), Florida Statutes, shall not be subject to . . . This rule codifies the procedure for mandatory mediation required by section 440.25, Florida Statutes . . . See also section 440.25(5)(b), Florida Statutes. . . .
. . . . § 440.25(1); Fireman’s Fund Ins. Co. v. Rich, 220 So.2d 369 (Fla.1969); Belam Florida Corp. v. . . .
. . . disability benefits and denial of indemnity benefits has caused extreme hardship as contemplated by Section 440.25 . . . Since the Claimant proceeded under § 440.25(4)(h), Florida Statutes, rather than a merit hearing and . . . Taylor, 786 So.2d 1207, 1208 (Fla. 1st DCA 2001) (Benton, J., concurring) (“As written, section 440.25 . . . With this in mind, section 440.20(6) should be construed in pari materia with section 440.25(4)(h), Florida . . . Section 440.25(4)(h) provides: Notwithstanding any other provision of this section, the judge of compensation . . .
. . . As written, section 440.25, Florida Statutes (1997), contemplates compliance with sections 440.191 (requiring . . . Section 440.25(4)(h) does not in terms confer jurisdiction on the judge of compensation claims where . . . The reference to "this section" is to section 440.25, which pertains to "[pjrocedures for mediation and . . . Section 440.25 begins: "Within 21 days after a petition for benefits is filed under s. 440.192.” . . . An order granting motion for emergency medical care under 440.25(4)(h) was entered on December 13, 1999 . . . purposes of this case, that Appellee’s filing of'his Motion for Emergency Conference, pursuant to section 440.25 . . .
. . . Martinolich in retaliation for exercising his rights under Florida Worker’s Compensation Law, section 440.25 . . .
. . . of a motion for rehearing may not be practicable before the order becomes final [pursuant to section 440.25 . . .
. . . This rule is amended to comply with section 440.25(4)(j), Florida Statutes (1999), to indicate that claims . . . The changes were made to make rule 4.105 consistent with section 440.25(4)(j), Florida Statutes. . . . This rule codifies the procedure for mandatory mediation required by section 440.25, Florida Statutes . . . NOTICE OF MEDIATION CONFERENCE AND ORDER In accordance with section 440.25(1), Florida Statutes, 1994 . . . Section 440.25(4)(a), Florida Statutes, mandates a pretrial hearing in all cases.] . . .
. . . Section 440.25(7), Florida Statutes (1997), provides: (7) An injured employee claiming or entitled to . . .
. . . Although impairment rating evidence is specifically permitted in workers’ compensation actions, see § 440.25 . . .
. . . to dismiss the complaint on the grounds that the circuit court lacked jurisdiction because section 440.25 . . .
. . . attempting to appeal a workers’ compensation order entered after an emergency conference under section 440.25 . . .
. . . . § 440.25(1), Fla. Stat. (1991); Fireman’s Fund Ins. Co. v. Rich, 220 So.2d 369, 371 (Fla.1969). . . .
. . . to the exclusion of the mediation, pretrial and hearing and review processes contained in Sections 440.25 . . . dispute resolution system to displace “pretrial and hearing and review processes contained in Sections 440.25 . . . the alternative dispute resolution system the agreement established was intended to supplant sections 440.25 . . .
. . . On the other hand, sections 440.13(9)(c) and 440.25(4)(d), Florida Statutes (1995), contemplate resort . . . or testimony of the expert medical advisor shall be made a part of the record of the proceeding. § 440.25 . . .
. . . . § 440.25(1), Fla. Stat. (Supp. 1994). . . . . § 440.25(4), Fla. Stat. (1995). . . .
. . . (Fla.1996); and the order under review in case No. 96-4506 awarded psychiatric care after a section 440.25 . . .
. . . employer/carrier (e/c) appeal an order entered after an emergency hearing held pursuant to section 440.25 . . . and assert that the order should be reversed because the claimant failed to expressly cite section 440.25 . . . conference did not adequately inform the e/c that the hearing was being requested pursuant to section 440.25 . . . Section 440.25(4)(e), Florida Statutes (1995), requires that an “order making an award ... shall set . . .
. . . Appellants seek review of an order awarding medical care pursuant to section 440.25(4)(h), Florida Statutes . . .
. . . See § 440.25(4)(e), Fla.Stat. (1995); Fla.R.Work. Comp.P. 4.080(c). REVERSED and REMANDED. . . .
. . . .” § 440.25(4)(e), Fla. Stat. (1995). The pertinent rule adds nothing to this requirement. Fla. R. . . .
. . . granted relief under the emergency conference provision of the 1994 Workers’ Compensation Act, Section 440.25 . . . This conference, under the statute, must be held within twenty-one (21) days after the petition. § 440.25 . . . hold a pretrial hearing, establish a discovery schedule, and ultimately to conduct a final hearing. § 440.25 . . . Section 440.25(4)(h), Florida Statutes (Supp.1994), the section under review today, provides: Notwithstanding . . . The scope of the conference convened pursuant to section 440.25(4)(h) is limited by the emergency situation . . . affirm the judge’s order finding the circumstances in this case constitute an emergency under section 440.25 . . .
. . . Venue shall be governed by section 440.25(4)(d), Florida Statutes. (b) Consolidated Petitions. . . . It, too, is derived-sufestantially from section 440.25(3)(a), Flor-ida Statutes — (4979). . . . NOTICE OF MEDIATION CONFERENCE AND ORDER In accordance with section 440.25(1), Florida Statutes, 1994 . . . Section 440.25(3-)(-b)2(4)(a), Florida Statutes, mandates a pretrial hearing in all cases.] . . . APPLICATION FOR EXPEDITED HEARING PURSUANT TO SECTION 440.25(4)(i), FLORIDA STATUTES The (claimant) ( . . .
. . . because they did not receive notice of the final hearing directly from the JCC in accordance with section 440.25 . . .
. . . On the same date, claimant filed a motion for emergency conference and relief pursuant to section 440.25 . . .
. . . .' §§ 440.25 and 440.45, Florida Statutes (1975). . . . Section 440.25(4)(a), Florida Statutes (1993), provides that a JCC's order shall become final 30 days . . . amend orders is expressly limited to those orders which are "not yet final by operation of section 440.25 . . .
. . . Compensation Claims providing for emergency relief in the form of temporary benefits under section 440.25 . . . Frank’s motion was heard, with the judge relying on section 440.25(4)(h) as authority for the emergency . . . We agree, however, with the first district which held that an order entered under section 440.25(h) is . . .
. . . emergency that would have enabled the judge to require the appearance of the parties pursuant to section 440.25 . . .
. . . authority can be implied from several statutory provisions as follows: sections 440.30; 440.33(1); 440.25 . . . Section 440.25 contains detailed provisions for mediation and final hearings after the filing of a petition . . . We note that under section 440.25(1), Florida Statutes (1994), the JCC or the division may order an injured . . .
. . . .” § 440.25(3)(e), Fla.Stat. (1993). . . .