Florida Administrative Code

(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.

Rulemaking Authority 121.24(5) FS. Law Implemented 121.0515, 121.23, 121.35 FS. History-New 8-19-87, Amended 8-12-91, Formerly 22J-1.0026, Repealed 3-6-12.

Rulemaking Authority 121.031(1) FS. Law Implemented 120.57, 120.58, 121.23, 121.24 FS. History-New 8-19-87, Formerly 22J-1.0045, Repealed 11-26-15.

In cases concerning applications for disability retirement benefits, or special risk membership, the burden of proof shall be on the member seeking to show entitlement to such benefits. In cases concerning reexamination of members receiving disability retirement benefits or reexa…

(1) Competent medical evidence of impairment is required for a determination of disability retirement eligibility. Competent medical evidence of a lack of such impairment is required for termination of disability benefits under re-examination. The diagnosis standard is a reasonab…

Rulemaking Authority 121.24(5) FS. Law Implemented 121.23(2), (6) FS. History-New 8-19-87, Formerly 22J-1.0049, Repealed 3-6-12.

(1) The chairperson shall open the hearing by explaining the procedures to be followed. (2) Each party shall have the right to be accompanied, represented, and advised by counsel or other qualified representative, or to be self-represented. (3) Each party shall be allowed to make…

Rulemaking Authority 121.031(1) FS. Law Implemented 120.57, 121.23, 121.24 FS. History-New 8-19-87, Section 22J-1.0051 was formerly subsection (13) of 22J-1.005, Formerly 22J-1.0051, Repealed 11-26-15.

Rulemaking Authority 121.031(1) FS. Law Implemented 120.59, 121.23 FS. History-New 3-30-76, Amended 1-12-78, Formerly 22J-1.06, Amended 8-19-87, 8-12-91, 5-24-92, Formerly 22J-1.006, Repealed 11-26-15.

Rulemaking Authority 121.031(1) FS. Law Implemented 120.57, 121.23 FS. History-New 8-19-87, Formerly 22J-1.0061, Repealed 11-26-15.

Rulemaking Authority 121.031(1) FS. Law Implemented 120.68, 121.23 FS. History-New 3-30-76, Amended 1-12-78, 10-24-79, Formerly 22J-1.07, Amended 8-19-87, 8-12-91, Formerly 22J-1.007, Repealed 11-26-15.

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History-New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Formerly 22B-1.01, Amended 9-8-92, Formerly 22B-1.001, Repealed 12-22-15.

(1) Membership in the Florida Retirement System shall not give any member the right to be retained in the employ of an employer. (2) The Division shall deny membership to any officer or employee who does not meet the requirements for membership in the Florida Retirement System as…

Rulemaking Authority 121.031 FS. Law Implemented 121.011(3), 121.051, 112.0515, 112.25-.31 FS. History-New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 1-16-77, 7-1-79, 1-19-82, Formerly 22B-1.03, Amended 5-15-91, Formerly 22B-1.003, Repealed 1-31-18.

(1) Compulsory Membership - Participation in the Florida Retirement System (FRS) shall be compulsory as a condition of employment for all officers and employees enumerated in the following paragraphs who are filling a regularly established position as described in subsection 60S-…

Rulemaking Authority 121.031 FS. Law Implemented 121.091, 121.122 FS. History-New 11-14-91, Formerly 22B-1.0045, Amended 3-18-93, 5-10-99, 9-17-03, 4-5-12, 3-25-13, Repealed 1-31-18.

(1) Legislative Intent. - The intent and purpose of the Legislature in establishing the Special Risk Class is provided in Section 121.0515(1), F.S. (2) Eligibility - Any member who is employed as a law enforcement officer, a firefighter, a correctional officer, a community based …

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515, 121.052 FS. History-New 10-2-78, Amended 9-9-82, 4-17-85, Formerly 22B-1.051, 22B-1.0051, Amended 3-18-93, 4-5-12, Repealed 1-31-18.

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History-New 10-2-78, 4-17-85, Formerly 22B-1.052, 22B-1.0052, Amended 9-17-03, 4-5-12, Repealed 1-31-18.

The criteria set forth below shall be used pursuant to Rule 60S-1.005, F.A.C., in determining membership in the Special Risk Class for members who are filling correctional officer positions, regardless of the title of such a position. (1) Any member who seeks to be approved for S…