Florida Administrative Code

Acceptance of an offer of reimbursement by the Fund must be in writing and will be considered as acquiescing to all terms specified in the offer without modification. Rulemaking Authority 440.49(7)(g) FS. Law Implemented 440.49(2) FS. History-New 4-19-92, Formerly 38F-10.014, 4L-…

The 120 days that the SDTF has to accept a claim after it has been filed begins to run at the time the SDTF receives a fully completed Proof of Claim on DFS Form DFS-F1-SDF-1 (Rev. 3-09). Upon receipt of said form the SDTF shall notify the claimant within twenty-one (21) days of …

In order to obtain reimbursement after an offer of reimbursement has been extended by the Fund, an employer/carrier shall file with the Fund a Form DFS-F1-SDF-2, as adopted in rule 69L-10.019, F.A.C., with supporting schedules and documentation of expenditures as set forth below.…

Rulemaking Authority 440.49(7) FS. Law Implemented 440.49(7) FS. History-New 12-8-98, Formerly 38F-10.0165, 4L-10.0165, Repealed 5-7-13.

Rulemaking Authority 440.49(2)(k) FS. Law Implemented 440.49(2) FS. History-New 4-19-92, Formerly 38F-10.017, 4L-10.017, Repealed 3-16-09.

The SDTF will not reimburse any attorneys' fees, costs, penalties, supplemental permanent total disability benefits or interest paid by a carrier or a self insurance fund. Claimants shall disclose to the Special Disability Trust Fund any attorneys' fees, costs, penalties and inte…

The following forms are incorporated by reference into these rules and are available from and shall be filed with: SDTF, Division of Workers' Compensation, 1579 Summit Lake Drive, Tallahassee, FL 32317. (1) DFS Form DFS-F1-SDF-1 - Proof of Claim (Rev. 3/09). (2) DFS Form DFS-F1-S…

Rulemaking Authority 440.49, 440.591 FS. Law Implemented 440.49 FS. History-New 11-29-94, Formerly 38F-11.002, 4L-11.002, Repealed 9-14-16.

Rulemaking Authority 440.49, 440.591 FS. Law Implemented 440.49 FS. History-New 11-29-94, Formerly 38F-11.003, 4L-11.003, Repealed 9-14-16.

Rulemaking Authority 440.49, 440.591 FS. Law Implemented 440.49 FS. History-New 11-29-94, Formerly 38F-11.004, 4L-11.004, Repealed 9-14-16.

Rulemaking Authority 440.49, 440.591 FS. Law Implemented 440.49 FS. History-New 11-29-94, Formerly 38F-11.005, 4L-11.005, Repealed 9-14-16.

Rulemaking Authority 440.49, 440.591 FS. Law Implemented 440.49 FS. History-New 11-29-94, Formerly 38F-11.006, 4L-11.006, Repealed 9-14-16.

Rulemaking Authority 440.49, 440.591 FS. Law Implemented 440.49 FS. History-New 11-29-94, Formerly 38F-11.007, 4L-11.007, Repealed 9-14-16.

Rulemaking Authority 440.49, 440.591 FS. Law Implemented 440.49 FS. History-New 11-29-94, Formerly 38F-11.008, 4L-11.008, Repealed 9-14-16.

Rulemaking Authority 440.49, 440.591 FS. Law Implemented 440.49 FS. History-New 11-29-94, Formerly 38F-11.009, 4L-11.009, Repealed 9-14-16.

Rulemaking Authority 440.49, 440.591 FS. Law Implemented 440.49 FS. History-New 11-29-94, Formerly 38F-11.010, 4L-11.010, Repealed 9-14-16.

Rulemaking Authority 440.49, 440.591 FS. Law Implemented 440.49 FS. History-New 11-29-94, Formerly 38F-11.011, 4L-11.011, Repealed 9-14-16.

(1) "Customary residence" is the injured employee's place of permanent residence. Whenever the injured employee changes his or her permanent residence, the customary residence changes also. (2) "Customary vicinity" is the distance traveled by the injured employee from his or her …

Rulemaking Authority 440.491(7), 440.591 FS. Law Implemented 440.491 FS. History-New 7-1-96, Amended 6-26-01, Formerly 38F-55.002, Amended 5-5-04, 2-22-05, 5-7-09, Formerly 6A-22.002, Repealed 3-31-14.

Rulemaking Authority 440.491(3), (4), (5), (6), (8), 440.591 FS. Law Implemented 440.491 FS. History-New 7-1-96, Amended 6-26-01, Formerly 38F-55.005, Amended 5-7-09, Formerly 6A-22.003, Repealed 3-31-14.

Rulemaking Authority 440.491(7)(e), 440.591 FS. Law Implemented 440.491 FS. History-New 5-5-04, Formerly 6A-22.0031, Repealed 3-31-14.

Rulemaking Authority 440.491(5), (6), (8), 440.591 FS. Law Implemented 440.491 FS. History-New 7-1-96, Amended 6-26-01, Formerly 38F-55.006, Amended 3-1-05, 5-7-09, Formerly 6A-22.004, Repealed 3-31-14.

(1) A carrier may make a referral of an injured employee at anytime to the Department to be considered for the Department provided reemployment services program. The carrier shall make referrals to the Department for reemployment services by submitting either an electronic Reques…

(1) A request for screening must be made using Form DFS-F3-DWC-23, Request for Screening, as incorporated by reference in Rule 69L-22.011, F.A.C. Before the Department will consider a request complete and initiate a screening, the injured employee must: (a) Complete, sign and sub…

(1) The provision of Department sponsored vocational evaluations shall be limited to one (1) per injured employee, per date of accident. Vocational evaluations shall be adapted to the specific needs of the injured employee to insure validity. (2) A vocational evaluator under cont…

(1) The Department shall approve reemployment services provided through an on-the-job training program, job placement or a training and education program when recommended in a Department reemployment plan. (2) When the Department provides a vocational assessment or a vocational e…

(1) Upon approval of training and education by the Department, the injured employee and Department staff shall sign and date: (a) Form DFS-F3-DWC-24, Department and Student Agreement for Sponsorship of Training and Education, which is adopted in Rule 69L-22.011, F.A.C.; and, (b) …

Rulemaking Authority 440.491(5), (6), (7), 440.591 FS. Law Implemented 440.491 FS. History-New 7-1-96, Amended 6-26-01, Formerly 38F-55.013, Amended 5-5-04, 5-7-09, Formerly 6A-22.010, Repealed 3-31-14.

(1) The following forms are to be used with this rule chapter and are hereby incorporated by reference: (a) Form DFS-F3-DWC-23 http://www.flrules.org/Gateway/reference.asp?No=Ref-06694 (Revised: 12/2015), Request for Screening; (b) Form DFS-F3-DWC-24 http://www.flrules.org/Gatewa…

(1) The Department shall authorize reimbursement for reemployment services received from rehabilitation providers from the Workers' Compensation Administration Trust Fund at a maximum rate of $85.00 per hour. The total reimbursement for a vocational evaluation may not exceed $1,1…

(1) The initiation or termination of a trial period of reemployment constitutes an action or change in employment status for purposes of Rule 69L-56.404, F.A.C. (2) The trial period of reemployment shall: (a) Automatically commence on the date of hire, and (b) Be within the physi…

The purpose and intent of this rule chapter is to promote the self execution of the workers' compensation system through monitoring and enforcement of a regulated entity's fulfillment of its statutory obligations to provide timely payment of workers' compensation benefits to inju…

This rule chapter applies to all regulated entities as defined in this rule chapter and applies to all violations discovered through monitoring, examining, or investigating. This rule chapter shall not be construed as creating any substantive violations not otherwise prescribed b…

The following definitions shall apply in the rule chapter: (1) "Action" - an event or events leading to the commission of a violation. (2) "Audit" - a process whereby the practices of regulated entities are examined to verify compliance with Chapter 440, F.S. and other applicable…

(1) The Department shall monitor, examine, or investigate the performance of regulated entities to ensure compliance with Chapter 440, F.S. and Department Rules as often as is deemed necessary. (a) Monitoring includes, but is not limited to, the ongoing review of data provided to…

(1) Pursuant to Section 440.525(1), F.S., the Department may examine and investigate regulated entities as often as is warranted to ensure that they are fulfilling their obligations under Chapter 440, F.S. The Department shall have the power to conduct onsite inspections of claim…

The Department shall utilize the monitoring, examination, or investigation processes to ensure compliance with Chapter 440, F.S. and Department Rules. The Department may assess administrative penalties and fines for violations. Violations within this rule are described in general…

(1) A pattern or practice constitutes a willful violation if the regulated entity that committed the pattern or practice: (a) Did so intentionally and with knowledge of the act's unlawfulness or with disregard to the unlawfulness of the act; or (b) Failed to comply with an order …

Rulemaking Authority 440.20(8)(c), 440.13(11)(b), 440.591 FS. Law Implemented 440.20, 440.13(11) FS. History-New 8-29-94, Formerly 38F-24.021, 4L-24.021, Repealed 1-12-10.

Rulemaking Authority 440.20(15)(f), 440.591 FS. Law Implemented 440.20(15) FS. History-New 8-29-94, Amended 5-14-95, Formerly 38F-24.0211, 4L-24.0211, Repealed 1-12-10.

Rulemaking Authority 440.13(11)(b), 440.20(8)(c), (17), 440.591 FS. Law Implemented 440.13(11), 440.20 FS. History-New 8-29-94, Amended 5-14-95, Formerly 38F-24.022, 4L-24.022, Repealed 1-12-10.

Rulemaking Authority 440.13(11)(b), 440.20(15)(f), 440.591 FS. Law Implemented 440.20 FS. History-New 8-29-94, Amended 5-14-95, Formerly 38F-24.0222, 4L-24.0222, Repealed 1-12-10.

Rulemaking Authority 440.13(11)(b), 440.185, 440.591, 440.593(5) FS. Law Implemented 440.13(11)(b), 440.185(9), 440.20(8)(a) FS. History-New 8-29-94, Amended 5-14-95, 6-4-97, 11-28-01, Formerly 38F-24.0231, 4L-24.0231, Amended 1-8-04, 5-8-08, Repealed 1-12-10.

Rulemaking Authority 440.13(11)(a), 440.20(8)(c), 440.591 FS. Law Implemented 440.13(9)(f), (11) FS. History-New 8-29-94, 5-14-95, Formerly 38F-24.024, 4L-24.024, Repealed 1-12-10.

Rulemaking Authority 440.591 FS. Law Implemented 440.13(5)(d) FS. History-New 8-29-94, Amended 5-14-95, Formerly 38F-24.0241, 4L-24.0241, Repealed 1-12-10.

For the purposes of these rules, the following definitions shall apply: (1) "Carrier" means any insurance carrier, or any individually self-insured employer licensed as such pursuant to section 440.38, F.S., or group self-insurance fund licensed as such pursuant to Section 624.46…

Rulemaking Authority 440.591 FS. Law Implemented Chapter 93-415, Section 24, Laws of Florida [creating Section 440.191, F.S.]. History-New 9-29-94, Formerly 38F-25.003, 4L-26.003, Repealed 5-7-13.

(1) An injured worker or any other party to a dispute involving a workers' compensation issue shall contact and request assistance from the EAO, and make a good faith effort to participate in the informal dispute resolution proceedings of the EAO. (2) A request for assistance sha…

Rulemaking Authority 440.13(3)(a), 440.591 FS. Law Implemented 440.13(3), (13) FS. History-New 3-14-95, Formerly 38F-53.001, 59A-29.001, Amended 2-6-13, Repealed 11-6-13.

Rulemaking Authority 440.13(3)(a), 440.591 FS. Law Implemented 440.13(3), (13) FS. History-New 3-14-95, Formerly 38F-53.002, 59A-29.002, Amended 2-6-13, Repealed 11-6-13.