Florida Administrative Code

Except as to matters Sections 766.201-.212, F.S., specifically require arbitration panels or the Director to decide, the chief arbitrator may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy and inexpensive determination of all…

The defendant shall arrange for and bear the expense of a court reporter's appearance at the assessment arbitration and any allocation arbitration hearings and recordation of the proceeding. Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History-New 9-…

Unless all parties otherwise agree, when an arbitration is conducted live, the arbitration shall take place in the county in which the medical incident occurred or in which a defendant who lives in Florida resides. Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201…

(1) After the panel has been confirmed, the chief arbitrator shall set a time and place for assessment arbitration and give the parties at least 90 days' notice, unless prior proceedings resulted in misarbitration. The notice shall state the time, place and nature of the hearing …

(1) The chief arbitrator may grant a continuance for good cause shown. Except in cases of emergency, all requests for postponement of an arbitration hearing shall be made by motion for continuance filed at least 10 days prior to the scheduled commencement of the arbitration heari…

(1) Mediation is encouraged but not required for arbitration. Should the parties choose to mediate, mediation shall be conducted at least ten days prior to the date that the arbitration hearing is scheduled to commence. (2) The parties shall notify the chief arbitrator of the res…

(1) Unless a majority the assessment arbitration panel decides to defer entry of the arbitration award, the arbitration award shall be announced on the record after the conclusion of the evidence. (2) The chief arbitrator shall sign the arbitration award within 10 days from the c…

(1) If no two members of the assessment arbitration panel can agree on an arbitration award, the chief arbitrator shall enter an order of misarbitration. (2) Within 20 days of an order of misarbitration, the parties shall nominate at least three but no more than five arbitrators …

(1) Where more than one defendant has participated in an assessment arbitration proceeding, any defendant against whom an arbitration award has been made may initiate allocation arbitration proceedings by filing a demand for allocation with the Office of the Clerk within 20 days …

At any time before an order allocating financial responsibility is entered, all arbitrating defendants may agree to entry of a stipulated statement allocating financial responsibility, which, when signed by all arbitrating defendants and filed, shall have the same effect as an or…

(1) If all arbitrating defendants agree in writing, they may, within 20 days of the arbitration award, select two arbitrators, and up to four alternates, by filing their names, addresses and telephone numbers, along with certificates in accordance with Rule 60Q-3.007, F.A.C., exe…

(1) The chief arbitrator shall set the time and place for allocation arbitration and give the parties at least 30 days' notice. (2) In the event a motion for continuance is granted, the chief arbitrator shall issue a new notice of hearing, but need not give 30 days' notice of the…

(1) No later than 10 days before the allocation arbitration hearing, or by such other time as the chief arbitrator orders, the arbitrating defendants shall file a pre-hearing stipulation, which shall contain: (a) A brief general statement of each party's position; (b) A list of a…

(1) Unless a majority of the allocation arbitration panel decides to defer entry of the order allocating financial responsibility, the order shall be announced on the record after the conclusion of the evidence. (2) The order allocating financial responsibility shall list all def…

The chief arbitrator may impose reasonable sanctions for violations of these rules, or of any order entered by the Director or the chief arbitrator. Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History-New 9-6-88, Formerly 22I-7.035, Amended 6-27-00.

These rules of procedure apply in all workers' compensation proceedings before the judges of compensation claims. Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History-New 2-23-03, Amended 11-1-06.

(1) "Claim" means each assertion of a legal right or benefit under Chapter 440, F.S. (2) "Claimant" means the person asserting a claim. (3) "Division" means the Division of Workers' Compensation, Department of Financial Services. (4) "Office of the Judges of Compensation Claims" …

(1) Pleadings. All documents filed with the OJCC shall: (a) Be typewritten or printed on 81/2" by 11" white paper, unless electronically filed; (b) Be unstapled; (c) Contain the signature, or the electronic signature if filed electronically, of the party in interest or, if repres…

(1) Appearance of Counsel. An attorney who files a petition or claim on behalf of a party has entered an appearance and shall be deemed the party's attorney of record. All other attorneys appearing for a party in an existing case shall file promptly with the judge a notice of app…

(1) An employee or claimant seeking an award of benefits commences a new case by filing a petition for benefits pursuant to Section 440.192, F.S., when there is not an existing case pertaining to the same employee and date of accident. (2) When the employee and date of accident a…

(1) The judge, on the judge's own initiative or on the motion of any party, may consolidate any claims or petitions pending before the judge for the purpose of a hearing or for any other purpose, except for a claim for reimbursement from the Special Disability Trust Fund. (2) Any…

(1) A petition that does not contain the information required by Sections 440.192(2) through (4), F.S., shall be dismissed. (2) A petition or request for assignment of case number may only be amended by written stipulation of the parties or by order of the judge. Changes of addre…

(1) Filing. (a) All documents filed with the OJCC, except documents filed by parties who are not represented by an attorney, shall be filed by electronic means through the OJCC website. Any document filed in paper form by U.S. mail, facsimile, or delivery shall be filed only with…

In computing any period of time prescribed or allowed by these rules, by order, or by applicable statute, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included. If any act…

(1) All petitions and claims pending at the time a mediation conference is held are deemed consolidated and shall be mediated at that conference. (2) Parties who have agreed to private mediation or to re-schedule private mediation shall file with the judge at least 30 days prior …

(1) Authority of Mediator. (a) The mediator shall at all times be in control of the mediation and the procedures to be followed, subject to the direction of the judge. (b) The mediation shall be virtual unless the parties have received approval for a live mediation. Any party see…

Any party may, by motion, for good cause shown, request the Deputy Chief Judge to disqualify a mediator. The request must state with particularity the basis for disqualification. Any order disqualifying a mediator shall name a substitute mediator. Nothing in this rule shall precl…

(1) A judge, on the judge's own initiative or on the motion of any party, may conduct status conferences or pre-hearing conferences. (2) The parties or, if represented, their attorneys of record shall confer and complete a written pretrial stipulation. The claimant or claimant's …

(1) Any party may commence with discovery methods specifically authorized by statute, including depositions, issuance of subpoenas and requests for production, prior to or after invoking the jurisdiction of the judge. (2) Depositions. (a) Depositions of witnesses or parties may b…

(1) Any request for an order or for other relief shall be by motion and shall have a title describing the relief requested. The judge may treat any request for relief from an unrepresented party as a motion. All motions shall be in writing unless made on the record during a heari…

(1) All parties shall diligently prosecute or defend the claim or petition, including but not limited to timely conducting all necessary discovery. A request for a continuance shall be made by motion, shall specify the reason that the continuance is necessary, and shall demonstra…

(1) A written request for an emergency conference shall be filed and served by electronic mail or facsimile on all other parties or, if represented, their attorneys of record. It shall set forth in detail the facts giving rise to the request, its legal basis, the factual or medic…

(1) Scope. This rule applies in those cases deemed by the judge appropriate for expedited hearing pursuant to statute or by agreement of the parties. (2) Discovery. The parties shall have at least 30 days to conduct discovery, which shall be completed 15 days before the hearing. …

Any party may request that an abbreviated final order be vacated and that a final compensation order containing separate findings of fact and conclusions of law be entered. The request shall be made by motion and shall be filed within 10 days of the date of the abbreviated final …

(1) The judge may enter a summary final order when such an order would be dispositive of the issues raised by the subject petition. Issues that would be dispositive include, but are not limited to, whether there is coverage, whether the statute of limitations has run, whether the…

(1) Evidence which has been offered but ruled inadmissible may be proffered but shall be clearly identified as such by the judge. (2) An objection to the admissibility of evidence not ruled on by the judge is deemed adverse to the party making the objection. (3) Legible copies ma…

(1) A motion for rehearing shall state specifically the grounds on which it is based and should not be used to re-argue issues already determined. A motion for re-hearing shall be filed and served within 10 days from the date of the order sought to be reviewed. The judge shall ru…

(1) Settlements under Section 440.20(11)(a) or (b), F.S., involving unrepresented claimants. (a) When a joint petition signed by the parties is filed pursuant to Section 440.20(11)(a) or (b), F.S., it shall be accompanied by: 1. The settlement stipulation executed by any attorney…

(1) Payment of Undisputed Attorney's Fees and Costs by Claimant. The claimant and his or her attorney may jointly move for the judge to approve the payment of an attorney's fee and reimbursement of costs. The motion shall be served on all parties and include a statement that clai…

(1) Generally. Failure to comply with the provisions of these rules or any order of the judge may subject a party or attorney to one or more of the following sanctions: striking of claims, petitions, defenses, or pleadings; imposition of costs or attorney's fees; or such other sa…

(1) Any motion for disqualification of a judge shall be made and determined pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.330. (2) Upon entry of an order of disqualification or after the recusal of a judge, the Deputy Chief Judge shall re-assign the case to another judge. Rulema…

The procedure for relief from payment of the appellate filing fee and from the costs of the preparation of the record on appeal for the review of any order of a judge on the ground of indigency shall be in accordance with Fla. R. App. P. 9.180. Rulemaking Authority 440.45(1)(a), …

(1) All case files that have been closed and inactive for a period of two years are declared to be obsolete and may be destroyed. Designated personnel of the OJCC shall be responsible for the destruction of obsolete records and reports in accordance with applicable statutes and a…

(1) The Guidelines of Operation of the Statewide Nominating Commission (effective 11/22/2013), which set forth the methods by which the Statewide Nominating Commission shall conduct its investigation and review of candidates for appointment and reappointment of judges of compensa…

(1) The Office of Judges of Compensation Claims is subject to closure pursuant to Gubernatorial instructions or declarations pursuant to Article IV, section 1(a) of the Florida Constitution and the Florida Emergency Management Act. (2) Whenever the Circuit Courts in the particula…

Rulemaking Authority 121.031(1) FS. Law Implemented 120.53 FS. History-New 3-30-76, Amended 1-12-78, Formerly 22J-1.01, 22J-1.001, Repealed 11-26-15.

Rulemaking Authority 120.53(1) FS. Law Implemented 121.22, 121.24 FS. History-New 8-19-87, Formerly 22J-1.0021, Repealed 11-26-15.