8889194, 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: 8889194

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-6.105	COMMENCING A CASE; SUBSEQUENT PETITIONS
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-6.111	AUTHORITY AND DUTIES OF MEDIATOR
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-6.128	Destruction of Obsolete Records

PURPOSE:

Procedural rules for adjudication of workers’ compensation claims were implemented on February 23, 2003, and amended in 2006, pursuant to the mandate in Section 440.45, Florida Statutes, that the Office of the Judges of Compensation Claims adopt procedural rules. 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, encourage electronic filing, streamline the consolidation of cases, promote the timely resolution of attorney’s fees and costs, discourage duplicate and unnecessary filings, encourage timely orders, streamline mediation, require meaningful pretrial stipulations, promote timely discovery, provide for telephonic administration of oaths, streamline motion practice, and provide for appointment of expert medical advisors, with a resulting more efficient and self-executing adjudicatory process.

RULEMAKING AUTHORITY:

61.14(8)(a), 440.25(4)(g), (h), 440.44(7), 440.45(1), (4) FS.

LAW:

61.14(8)(a), 440.015, 440.192, 440.20, 440.25, 440.29(2), 440.33, 440.34, 440.44, 440.45(1) FS.

PRINT PUBLISH DATE:

7/23/2010 Vol. 36/29

COMMENTS:

From 7/23/2010 To 8/13/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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