(1) The judge of compensation claims may preserve and enforce order during any such proceeding; issue subpoenas for, administer oaths or affirmations to, and compel the attendance and testimony of witnesses, or the production of books, papers, documents, and other evidence, or the taking of depositions before any designated individual competent to administer oaths; examine witnesses; and do all things conformable to law which may be necessary to enable the judge effectively to discharge the duties of her or his office. Whenever a law requires an order of a court of competent jurisdiction for the obtention of medical or hospital records, an order of a judge of compensation claims entered for such purposes shall be deemed to be an order of a court of competent jurisdiction.
(2) If any person in proceedings before the judge of compensation claims disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the hearing, or neglects to produce, after having been ordered to do so, any pertinent book, paper, or document, or refuses to appear after having been subpoenaed, or upon appearing refuses to take oath or affirmation as a witness, or after having taken the oath refuses to be examined according to law, the judge of compensation claims shall certify the facts to the court having jurisdiction in the place in which it is sitting, which shall thereupon in a summary manner hear the evidence as to the acts complained of and, if the evidence so warrants, punish such person in the same manner and to the same extent as for a contempt committed before the court, or commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process of or in the presence of the court.
(3) Before adjudicating a claim for permanent total disability benefits, the judge of compensation claims may request an evaluation pursuant to s. 440.491(6) for the purpose of assisting the judge of compensation claims in the determination of whether there is a reasonable probability that, with appropriate training or education, the employee may be rehabilitated to the extent that such employee can achieve suitable gainful employment and whether it is in the best interest of the employee to undertake such training or education.
History.—s. 33, ch. 17481, 1935; CGL 1936 Supp. 5966(33); ss. 17, 35, ch. 69-106; s. 17, ch. 75-209; s. 23, ch. 78-300; ss. 26, 124, ch. 79-40; s. 21, ch. 79-312; s. 13, ch. 80-236; s. 11, ch. 83-305; ss. 18, 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 10, ch. 91-46; s. 119, ch. 97-103; s. 64, ch. 2004-5.
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.