Florida Workmen's Compensation Rules of Procedure., In re, 44637
| Decision Date | 14 November 1973 |
| Docket Number | No. 44637,44637 |
| Court | Florida Supreme Court |
| Parties | In re FLORIDA WORKMEN'S COMPENSATION RULES OF PROCEDURE. |
Appended to this order are Workmen's Compensation Rules of Procedure approved by the Industrial Relations Commission of the State of Florida and voluntarily submitted to this Court for examination and approval.
A Judge of Industrial Claims is a quasi-judicial officer under the authority of Florida Statutes, Section 20.17(7), F.S.A., whose duties are devoted exclusively to the trial and disposition of workmen's compensation claims of industrial employees. The Industrial Relations Commission created as aforementioned is a quasi-judicial body devoted exclusively to a review of orders of Judges of Industrial Claims in workmen's compensation proceedings under principles announced by the appropriate appellate courts and statutes of the State of Florida, and the review of orders of appeals referees in unemployment compensation proceedings. The workmen's compensation proceedings aforementioned are subject to review by the Supreme Court of Florida (Florida Statutes, Section 440.27(1), F.S.A.). Rules of the Industrial Relations Commission are the guidelines under which such records are made for this Court and we, therefore, have a direct interest in them. Section 2(a), Article V, Constitution of Florida (1973), F.S.A., provides, "The Supreme Court shall adopt rules for the practice and procedure in all courts...."
In workmen's compensation cases, we, therefore, have a duplicitous situation where the litigation is quasi-judicial at one level and judicial when it reaches this Court. Because the total authority in workmen's compensation cases involves the review on appeal of the Judges of Industrial Claims and the Industrial Relations Commission, we deem such litigation to be more judicial than quasi-judicial. The Industrial Relations Commission, working in cooperation with a Committee of The Florida Bar, has prepared and adopted a set of rules for practice and procedure before the Commission and the Rules of the Department of Commerce, Chapter 8-1, provide:
Judges of Industrial Claims and have presented same to this Court for perusal, examination, and approval.
In view of all the foregoing, we have examined the proposed rules of practice and procedure which are attached hereto for the quasi-judicial process abovementioned and find them to be satisfactory and appropriate.
It is, therefore, ordered and adjudged that the rules of practice and procedure aforementioned and which are appended to this order and which have been approved by the Industrial Relations Commission have the approval of this Court to the extent authorized in the Constitution and will be, upon the effective date, in full force and effect until amended as provided by law, and all conflicting rules are hereby superseded.
It is further ordered that the attached rules shall become effective upon a date to be determined by the Industrial Relations Commission. 1
It is so ordered.
shall govern all workmen's compensation proceedings in and before the judges of industrial claims and the Industrial Relations Commission, which Commission shall adopt and adhere to procedures in force in the Supreme Court of Florida and the District Courts of Appeal.
These Rules shall be cited as Workmen's Compensation Rules of Procedure, or abbreviated as W.C. Rules of Procedure.
Throughout these rules, unless the context or subject matter otherwise requires:
(a) "Bureau" means the Bureau of Workmen's Compensation of the Division of Labor.
(b) "Clerk" means the Clerk of the Industrial Relations Commission.
(c) "Commission" means the Industrial Relations Commission.
(d) "Division" means the Division of Labor of the Florida Department of Commerce.
(e) "Filing" means actual placement with the Commission, a judge of industrial claims, or Bureau, as the context of the applicable statute or rule requires (either by personal delivery or by mailing.)
(f) "Judge" means a judge of industrial claims.
(g) "Record on appeal" means, in addition to the order on appeal, the transcript of proceedings before the judge of industrial claims, inclusive of the exhibits and other matters of record that are certified by the judge as constituting the appellate record in the proceeding, or in the absence of same, a stipulated record certified as the record on appeal by the judge of industrial claims in supercession of Section 120.24(2), Florida Statutes, F.S.A.
(h) "Service" shall be as provided in Rule 1.080(b), Florida Rules of Civil Procedure, 30 F.S.A.
(i) In construing these rules, where the context indicates, the singular includes the plural and vice versa, and the masculine includes the feminine and neuter and vice versa.
(a) When service is effectuated by mail, three days shall be added to the time allowed for the performance of any act required to be done, or allowed to be done, within a certain time after service, exclusive of Saturdays, Sundays or legal holidays.
(b) If any act required to be done, or allowed to be done, falls upon a Saturday, Sunday or legal holiday, performance of said act shall be required upon the next regular working day.
Claims for compensation shall be filed with the Bureau, and shall contain the name, social security number, and address of the employee, the name and address of the employer, and a statement of the time, place, nature and cause of the injury or such fairly equivalent information as will put the Bureau and the employer on notice concerning the identity of the parties and the nature of the claim. The claim may be made on the form prescribed therefor by
the Bureau, but any instrument setting forth substantially the information required by this rule shall constitute a valid claim. Copies of claims may be served upon the employer or carrier concurrently with the filing thereof with the Bureau.
If the employer or carrier has not controverted the claim pursuant to Section 440.20(4), Florida Statutes, F.S.A., and regulations relating to reports to be filed with the Bureau, and a claim for compensation and/or application for hearing on a claim is filed with the Bureau pursuant to Rule 5 or Rule 7, upon receipt of notice of a claim or application for hearing the employer or carrier shall forthwith accept such claim as compensable and begin with payment of compensation or file with the Bureau a notice to controvert payment of compensation on the form prescribed therefor by the Bureau (Form WCC-12), or in substantially similar form, stating the Bureau's claim number, the name of the claimant, the name of the employer, the date of the alleged accident or death, that the claim is controverted, and the specific ground upon which it is controverted. Copies of the notice shall be served upon all interested parties and a certificate of such service shall be made a part of the original notice filed with the Bureau. Failure to file notice to controvert may be considered in assessing any penalties found to be due.
An application for hearing concerning a claim, made pursuant to Section 440.25(3)(a), Florida Statutes, F.S.A., shall state concisely in separate numbered paragraphs the reasons for requesting hearing, and the questions at issue or in dispute which the applicant expects the judge to hear and determine, with sufficient particularity that the responding or opposing parties may be notified of the purpose of the hearing, including the issues to be heard and determined. Such application shall be made on the form prescribed therefor by the Bureau or in substantially similar form containing the information required by this rule. The original and one copy shall be filed with the Bureau at Tallahassee, and a copy shall be served on counsel for each party and a copy upon any party not represented by counsel.
(a) When a claim for compensation or medical benefits is filed with the Bureau, claimant shall diligently prosecute his claim. If the testimony of the parties is not concluded within ninety days from the date set for the first hearing, the claim shall thereupon be determined by the judge on the evidence which has been submitted. For good cause shown, the judge may grant such extension of time as may be reasonably required, provided application therefor is made by any party by petition filed with the judge prior to the expiration of the said ninety-day period. In no event shall the time be extended on the application of any party beyond eight months, from the date set for the first hearing to take the testimony. This time limitation shall also apply to cases arising under F.S. Section 440.28, F.S.A., and to cases on remand to a judge when a hearing is set to take additional testimony, but shall not apply to cases where proof is presented to the judge showing that the party is in such physical or mental state that he cannot testify during the period above limited.
(b) When a hearing has been set by a judge, all parties shall present their testimony on the date set for from day to day thereafter. If a ...
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