(1) Subject to the limitation stated in subsection (2), a provision that is mutually agreed upon in any collective bargaining agreement between an individually self-insured employer or other employer upon consent of the employer’s carrier and a recognized or certified exclusive bargaining representative establishing any of the following shall be valid and binding:
(a) An alternative dispute resolution system to supplement, modify, or replace the provisions of this chapter which may include, but is not limited to, conciliation, mediation, and arbitration. Arbitration held pursuant to this section shall be binding on the parties.
(b) The use of an agreed-upon list of health care providers of medical treatment which may be the exclusive source of all medical treatment under this chapter.
(c) The use of a limited list of physicians to conduct independent medical examinations which the parties may agree shall be the exclusive source of independent medical examiners pursuant to this chapter.
(d) A light-duty, modified-job, or return-to-work program.
(e) A vocational rehabilitation or retraining program.
(2) Nothing in this section shall allow any agreement that diminishes an employee’s entitlement to benefits as otherwise set forth in this chapter. Any such agreement in violation of this provision shall be null and void.
History.—s. 29, ch. 93-415; s. 35, ch. 2002-194; s. 10, ch. 2013-141.
Structure Florida Statutes
Chapter 440 - Workers' Compensation
440.021 - Exemption of Workers’ Compensation From Chapter 120.
440.05 - Election of Exemption; Revocation of Election; Notice; Certification.
440.055 - Notice Requirements.
440.06 - Failure to Secure Compensation; Effect.
440.075 - When Corporate Officer Rejects Chapter; Effect.
440.077 - When a Corporate Officer Rejects Chapter, Effect.
440.093 - Mental and Nervous Injuries.
440.094 - Extraterritorial Reciprocity.
440.10 - Liability for Compensation.
440.101 - Legislative Intent; Drug-Free Workplaces.
440.102 - Drug-Free Workplace Program Requirements.
440.1025 - Employer Workplace Safety Program in Ratesetting; Program Requirements; Rulemaking.
440.103 - Building Permits; Identification of Minimum Premium Policy.
440.104 - Competitive Bidder; Civil Actions.
440.105 - Prohibited Activities; Reports; Penalties; Limitations.
440.1051 - Fraud Reports; Civil Immunity; Criminal Penalties.
440.106 - Civil Remedies; Administrative Penalties.
440.107 - Department Powers to Enforce Employer Compliance With Coverage Requirements.
440.11 - Exclusiveness of Liability.
440.12 - Time for Commencement and Limits on Weekly Rate of Compensation.
440.13 - Medical Services and Supplies; Penalty for Violations; Limitations.
440.134 - Workers’ Compensation Managed Care Arrangement.
440.14 - Determination of Pay.
440.15 - Compensation for Disability.
440.151 - Occupational Diseases.
440.16 - Compensation for Death.
440.17 - Guardian for Minor or Incompetent.
440.185 - Notice of Injury or Death; Reports; Penalties for Violations.
440.19 - Time Bars to Filing Petitions for Benefits.
440.191 - Employee Assistance and Ombudsman Office.
440.192 - Procedure for Resolving Benefit Disputes.
440.1926 - Alternate Dispute Resolution; Claim Arbitration.
440.20 - Time for Payment of Compensation and Medical Bills; Penalties for Late Payment.
440.205 - Coercion of Employees.
440.207 - Workers’ Compensation System Guide.
440.211 - Authorization of Collective Bargaining Agreement.
440.22 - Assignment and Exemption From Claims of Creditors.
440.23 - Compensation a Lien Against Assets.
440.24 - Enforcement of Compensation Orders; Penalties.
440.25 - Procedures for Mediation and Hearings.
440.271 - Appeal of Order of Judge of Compensation Claims.
440.2715 - Access to Courts Through State Video Teleconferencing Network.
440.28 - Modification of Orders.
440.29 - Procedure Before the Judge of Compensation Claims.
440.32 - Cost in Proceedings Brought Without Reasonable Ground.
440.33 - Powers of Judges of Compensation Claims.
440.34 - Attorney’s Fees; Costs.
440.345 - Reporting of Attorney’s Fees.
440.35 - Record of Injury or Death.
440.38 - Security for Compensation; Insurance Carriers and Self-Insurers.
440.381 - Application for Coverage; Reporting Payroll; Payroll Audit Procedures; Penalties.
440.385 - Florida Self-Insurers Guaranty Association, Incorporated.
440.3851 - Public Records and Public Meetings Exemptions.
440.386 - Individual Self-Insurers’ Insolvency; Conservation; Liquidation.
440.39 - Compensation for Injuries When Third Persons Are Liable.
440.41 - Substitution of Carrier for Employer.
440.42 - Insurance Policies; Liability.
440.44 - Workers’ Compensation; Staff Organization.
440.442 - Code of Judicial Conduct.
440.45 - Office of the Judges of Compensation Claims.
440.49 - Limitation of Liability for Subsequent Injury Through Special Disability Trust Fund.
440.491 - Reemployment of Injured Workers; Rehabilitation.
440.50 - Workers’ Compensation Administration Trust Fund.
440.51 - Expenses of Administration.
440.515 - Reports From Self-Insurers; Confidentiality.
440.525 - Examination and Investigation of Carriers and Claims-Handling Entities.
440.53 - Effect of Unconstitutionality.
440.54 - Violation of Child Labor Law.
440.55 - Proceedings Against State.
440.572 - Authorization for Individual Self-Insurer to Provide Coverage.
440.585 - Workers’ Compensation Group Self-Insurance Fund Application Disclosure.
440.591 - Administrative Procedure; Rulemaking Authority.