11829652, 60Q-6.102 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11829652

Notice of Proposed Rule

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Division of Administrative Hearings

Chapter:

RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS

Overview

RULE:

60Q-6.102	DEFINITIONS
60Q-6.103	PLEADINGS AND PROPOSED ORDERS
60Q-6.104	Representation and Appearance of Counsel
60Q-6.106	CONSOLIDATION AND VENUE
60Q-6.107	AMENDMENT AND DISMISSAL OF PETITION FOR BENEFITS
60Q-6.108	FILING AND SERVICE
60Q-6.110	MEDIATION, GENERALLY
60Q-6.113	PRETRIAL PROCEDURE
60Q-6.114	DISCOVERY
60Q-6.115	MOTION PRACTICE
60Q-6.116	PROSECUTION OF CLAIMS AND PETITIONS FOR BENEFITS
60Q-6.117	Emergency Conferences
60Q-6.118	EXPEDITED HEARINGS
60Q-6.120	SUMMARY FINAL ORDER
60Q-6.122	MOTION FOR RE-HEARING AND AMENDING OR VACATING ORDER
60Q-6.123	SETTLEMENTS UNDER SECTION 440.20(11), FLORIDA STATUTES
60Q-6.124	Payment of Attorney's Fees and Costs Other Than Pursuant to Section 440.20(11), Florida Statutes
60Q-6.125	SANCTIONS
60Q-6.126	DISQUALIFICATION OR RECUSAL OF JUDGES
60Q-6.127	Procedure for Relief from Appellate Filing Fee and Costs

PURPOSE:

Procedural rules for adjudication of workers' compensation claims were implemented on 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 and 2010.  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 and to incorporate 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, provide for voluntary mediation, promote timely discovery and entry of discovery orders, streamline motion practice, allow JCCs to approve stipulations, and streamline the appointment of expert medical advisors, with a resulting more efficient and self-executing adjudicatory process.

RULEMAKING AUTHORITY:

61.14(8)(a), 440.25(4)(h), 440.25(4)(i), 440.45(1)(a), 440.45(4) FS.

LAW:

61.14(8)(a), 440.105(3)(c), 440.192, 440.20(11), 440.25(1)-(4), 440.271, 440.29(2), 440.30, 440.32, 440.33(1), 440.34, 440.345, 440.442, 440.45(1)(a), 440.45(4), 440.45(5) FS.

PRINT PUBLISH DATE:

8/10/2012 Vol. 38/32

COMMENTS:

From 8/10/2012 To 8/31/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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