(1) In making an investigation or inquiry or conducting a hearing, the judge of compensation claims shall not be bound by technical or formal rules of procedure, except as provided by this chapter, but may make such investigation or inquiry, or conduct such hearing, in such manner as to best ascertain the rights of the parties. A declaration of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.
(2) Hearings before the judge of compensation claims shall be open to the public, and the Deputy Chief Judge is authorized to designate the manner in which particular types of hearings are recorded and reported and, when necessary, to contract for the reporting of such hearings. The Deputy Chief Judge shall arrange for the preparation of a record of the hearings and other proceedings before judges of compensation claims, as necessary, and is authorized to allow for the attendance of court reporters at hearings, for preparation of transcripts of testimony, for copies of any instrument, and for other reporting or recording services. The Deputy Chief Judge may charge the same fees allowed by law or court rule to reporters, persons preparing transcripts, or clerks of courts of this state for like services.
(3) The practice and procedure before the judges of compensation claims shall be governed by rules adopted by the Office of the Judges of Compensation Claims, except to the extent that such rules conflict with the provisions of this chapter.
(4) All medical reports of authorized treating health care providers relating to the claimant and subject accident shall be received into evidence by the judge of compensation claims upon proper motion. However, such records must be served on the opposing party at least 30 days before the final hearing. This section does not limit any right of further discovery, including, but not limited to, depositions.
History.—s. 29, ch. 17481, 1935; CGL 1936 Supp. 5966(29); s. 10, ch. 20672, 1941; s. 8, ch. 29778, 1955; ss. 17, 35, ch. 69-106; s. 16, ch. 74-197; s. 14, ch. 75-209; ss. 9, 23, ch. 78-300; ss. 22, 124, ch. 79-40; s. 21, ch. 79-312; s. 11, ch. 80-236; s. 10, ch. 83-305; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 6, ch. 91-46; s. 32, ch. 93-415; s. 20, ch. 2001-91; s. 5, ch. 2011-208.
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.