RULE 9.180. APPEAL PROCEEDINGS TO REVIEW WORKERS’
COMPENSATION CASES

(a) Applicability. Appellate review of proceedings in workers’
compensation cases will be as in civil cases except as specifically
modified in this rule.

(b) Jurisdiction.

(1) Appeal. The First District Court of Appeal (the court)
must review by appeal any final order, as well as any nonfinal order
of a lower tribunal that adjudicates:

(A) jurisdiction;

(B) venue; or

(C) compensability, provided that the order
expressly finds an injury occurred within the scope and course of
employment and that claimant is entitled to receive causally related
benefits in some amount, and provided further that the lower
tribunal certifies in the order that determination of the exact nature
and amount of benefits due to claimant will require substantial
expense and time.

(2) Waiver of Review; Abbreviated Final Orders. Unless
a request for findings of fact and conclusions of law is timely filed,
review by appeal of an abbreviated final order will be deemed
waived. The filing of a timely request tolls the time within which an
abbreviated final order becomes final or an appeal may be filed.

(3) Commencement. Jurisdiction of the court under this
rule must be invoked by filing a notice of appeal with the clerk of
the lower tribunal within 30 days of the date the lower tribunal
sends to the parties the order to be reviewed either by mail or by
electronic means approved by the deputy chief judge, which date
will be the date of rendition.
(4) Notice of Appeal. The notice must be substantially in
the form prescribed by rule 9.900(a) or (c), and must contain a brief
summary of the type of benefits affected, including a statement
setting forth the time periods involved which must be substantially
in the following form:

I hereby certify that this appeal affects only the following periods
and classifications of benefits and medical treatment:

1. Compensation for .....(TTD, TPD, wage loss,
impairment benefits, PTD, funeral benefits, or death benefits).....
from .....(date)..... to .....(date)......

2. Medical benefits.

3. Rehabilitation.

4. Reimbursement from the SDTF for benefits paid
from .....(date)..... to .....(date)......

5. Contribution for benefits paid from .....(date)..... to
.....(date)......

(c) Jurisdiction of Lower Tribunal.

(1) Substantive Issues. The lower tribunal retains
jurisdiction to decide the issues that have not been adjudicated and
are not the subject of pending appellate review.

(2) Settlement. At any time before the record on appeal
is transmitted to the court, the lower tribunal will have the
authority to approve settlements or correct clerical errors in the
order appealed.

(3) Relinquishment of Jurisdiction by Court to Consider
Settlement. If, after the record on appeal is transmitted, settlement
is reached, the parties must file a joint motion stating that a
settlement has been reached and requesting relinquishment of
jurisdiction to the lower tribunal for any necessary approval of the
settlement. The court may relinquish jurisdiction for a specified
period for entry of an appropriate order. In the event the Division of
Workers’ Compensation has advanced the costs of preparing the
record on appeal or the filing fee, a copy of the joint motion must be
furnished to the Division of Workers’ Compensation by the
appellant.

(A) Notice. On or before the date specified in the
order relinquishing jurisdiction, the parties must file a joint notice
of disposition of the settlement with a conformed copy of any order
entered on the settlement.

(B) Costs. Any order approving a settlement must
provide where appropriate for the assessment and recovery of
appellate costs, including any costs incurred by the Division of
Workers’ Compensation for insolvent appellants.

(d) Benefits Affected. Benefits specifically referenced in the
notice of appeal may be withheld as provided by law pending the
outcome of the appeal. Otherwise, benefits awarded must be paid
as required by law.

(1) Abandonment. If the appellant or cross-appellant
fails to argue entitlement to benefits set forth in the notice of appeal
in the appellant’s or cross-appellant’s initial brief, the challenge to
such benefits will be deemed abandoned. If there is a dispute as to
whether a challenge to certain benefits has been abandoned, the
court upon motion will make that determination.

(2) Payments of Benefits When Challenged Benefits Are
Abandoned. When benefits challenged on appeal have been
abandoned under subdivision (d)(1) above, benefits no longer
affected by the appeal are payable within 30 days of the service of
the brief together with interest as required under section 440.20,
Florida Statutes, from the date of the order of the lower tribunal
making the award.

(3) Payment of Benefits After Appeal. If benefits are
ordered paid by the court on completion of the appeal, they must be
paid, together with interest as required under section 440.20,
Florida Statutes, within 30 days after the court’s mandate. If the
order of the court is appealed to the supreme court, benefits
determined due by the court may be stayed in accordance with rule
9.310. Benefits ordered paid by the supreme court must be paid
within 30 days of the court’s mandate.

(e) Intervention by Division of Workers’ Compensation.

(1) District Court of Appeal. Within 30 days of the date
of filing a notice or petition invoking the jurisdiction of the court the
Division of Workers’ Compensation may intervene by filing a notice
of intervention as a party appellant/petitioner or
appellee/respondent with the court and take positions on any
relevant matters.

(2) Supreme Court of Florida. If review of an order of the
court is sought in the supreme court, the Division of Workers’
Compensation may intervene in accordance with these rules. The
clerk of the supreme court must provide a copy of the pertinent
documents to the Division of Workers’ Compensation.

(3) Division of Workers’ Compensation Not a Party Until
Notice to Intervene Is Filed. Until the notice of intervention is filed,
the Division of Workers’ Compensation will not be considered a
party.

(f) Record Contents; Final Orders.

(1) Transcript; Order; Other Documents. The record
must contain the claim(s) or petition(s) for benefits, notice(s) of
denial, pretrial stipulation, pretrial order, trial memoranda,
depositions or exhibits admitted into evidence, any motion for
rehearing and response, order on motion for rehearing, transcripts
of any hearings before the lower tribunal, and the order appealed.
The parties may designate other items for inclusion in or omission
from the record in accordance with rule 9.200.

(2) Proffered Evidence. Evidence proffered but not
introduced into evidence at the hearing will not be considered
unless its admissibility is an issue on appeal and the question is
properly designated for inclusion in the record by a party.

(3) Certification; Transmission. The lower tribunal must
certify and transmit the record to the court as prescribed by these
rules.

(4) Stipulated Record. The parties may stipulate to the
contents of the record. In such a case the record will consist of the
stipulated statement and the order appealed which the lower
tribunal must certify as the record on appeal.

(5) Costs.

(A) Notice of Estimated Costs. Within 5 days after
the contents of the record have been determined under these rules,
the lower tribunal must notify the appellant of the estimated cost of
preparing the record. The lower tribunal also must notify the
Division of Workers’ Compensation of the estimated record costs if
the appellant files a verified petition to be relieved of costs and a
sworn financial affidavit.

(B) Deposit of Estimated Costs. Within 15 days
after the notice of estimated costs is served, the appellant must
deposit a sum of money equal to the estimated costs with the lower
tribunal.

(C) Failure to Deposit Costs. If the appellant fails
to deposit the estimated costs within the time prescribed, the lower
tribunal must notify the court, which may dismiss the appeal.

(D) State Agencies; Waiver of Costs. Any self-
insured state agency or branch of state government, including the
Division of Workers’ Compensation and the Special Disability Trust
Fund, need not deposit the estimated costs.

(E) Costs. If additional costs are incurred in
correcting, amending, or supplementing the record, the lower
tribunal must assess such costs against the appropriate party. If
the Division of Workers’ Compensation is obligated to pay the costs
of the appeal due to the appellant’s indigency, it must be given
notice of any proceeding to assess additional costs. Within 15 days
after the entry of the order assessing costs, the assessed party must
deposit the sums so ordered with the lower tribunal. The lower
tribunal must promptly notify the court if costs are not deposited as
required.

(6) Transcript(s) of Proceedings.

(A) Selection of Court Reporter by Lower Tribunal.
The deputy chief judge of compensation claims will select a court
reporter or a transcriptionist to transcribe any hearing(s). The
deputy chief judge who makes the selection must give the parties
notice of the selection.

(B) Objection to Court Reporter or Transcriptionist
Selected. Any party may object to the court reporter or
transcriptionist selected by filing written objections with the judge
who made the selection within 15 days after service of notice of the
selection. Within 5 days after filing the objection, the judge must
hold a hearing on the issue. In such a case, the time limits
mandated by these rules will be appropriately extended.

(C) Certification of Transcript by Court Reporter or
Transcriptionist. The court reporter or transcriptionist selected by
the deputy chief judge of compensation claims must certify and
deliver an electronic version of the transcript(s) to the clerk of the
office of the judges of compensation claims. The transcript(s) must
be delivered in sufficient time for the clerk of the office of the judges
of compensation claims to incorporate transcript(s) in the record.
The court reporter or transcriptionist must promptly notify all
parties in writing when the transcript(s) is delivered to the clerk of
the office of the judges of compensation claims.

(7) Preparation; Certification; Transmission of the
Record. The deputy chief judge of compensation claims must
designate the person to prepare the record. The clerk of the office of
the judges of compensation claims must supervise the preparation
of the record. The record must be transmitted to the lower tribunal
in sufficient time for the lower tribunal to review the record and
transmit it to the court. The lower tribunal must review the original
record, certify that it was prepared in accordance with these rules,
and within 60 days of the notice of appeal being filed transmit the
record to the court. The lower tribunal must provide Portable
Document Format (“PDF”) file of the record to all counsel of record
and all unrepresented parties.

(8) Extensions. For good cause, the lower tribunal may
extend by no more than 30 days the time for filing the record with
the court. Any further extension of time may be granted by the
court.

(9) Applicability of Rule 9.200. Rules 9.200(a)(3), (c), (d),
and (f) apply to preparation of the record in appeals under this rule.

(g) Relief From Filing Fee and Cost; Indigency.

(1) Indigency Defined. Indigency for the purpose of this
rule is synonymous with insolvency as defined by section 440.02,
Florida Statutes.

(2) Filing Fee.

(A) Authority. An appellant may be relieved of
paying filing fees by filing a verified petition or motion of indigency
under section 57.081(1), Florida Statutes, with the lower tribunal.

(B) Time. The verified petition or motion of
indigency must be filed with the lower tribunal together with the
notice of appeal.

(C) Verified Petition; Contents. The verified
petition or motion must contain a statement by the appellant to be
relieved of paying filing fees due to indigency and the appellant’s
inability to pay the charges. The petition must request that the
lower tribunal enter an order or certificate of indigency. One of the
following must also be filed in support of the verified petition or
motion:
(i) If the appellant is unrepresented by
counsel, a financial affidavit; or

(ii) If the appellant is represented by counsel,
counsel must certify that counsel has investigated:

a. the appellant’s financial condition
and finds the appellant indigent; and

b. the nature of appellant’s position
and believes it to be meritorious as a matter of law.

Counsel must also certify that counsel has not been paid or
promised payment of a fee or other remuneration for such legal
services except for the amount, if any, ultimately approved by the
lower tribunal to be paid by the employer/carrier if such
entitlement is determined by the court.

(D) Service. The appellant must serve a copy of the
verified petition or motion of indigency, including the appellant’s
financial affidavit or counsel’s certificate, whichever is applicable,
on all interested parties and the clerk of the court.

(E) Order or Certificate of Indigency. The lower
tribunal must review the verified petition or motion for indigency
and supporting documents without a hearing, and if the lower
tribunal finds compliance with section 57.081(1), Florida Statutes,
may issue a certificate of indigency or enter an order granting said
relief, at which time the appellant may proceed without further
application to the court and without payment of any filing fees. If
the lower tribunal enters an order denying relief, the appellant must
deposit the filing fee with the lower tribunal within 15 days from the
date of the order unless timely review is sought by motion filed with
the court.

(3) Costs of Preparation of Record.

(A) Authority. An appellant may be relieved in
whole or in part from the costs of the preparation of the record on
appeal by filing with the lower tribunal a verified petition to be
relieved of costs and a copy of the designation of the record on
appeal. The verified petition to be relieved of costs must contain a
sworn financial affidavit as described in subdivision (g)(3)(D).

(B) Time. The verified petition to be relieved of
costs must be filed within 15 days after service of the notice of
estimated costs. A verified petition filed before the date of service of
the notice of estimated costs will be deemed not timely.

(C) Verified Petition; Contents. The verified
petition must contain a request by the appellant to be relieved of
costs due to insolvency. The petition also must include a statement
by the appellant’s attorney or the appellant, if not represented by an
attorney, that the appeal was filed in good faith and the court
reasonably could find reversible error in the record and must state
with particularity the specific legal and factual grounds for that
opinion.

(D) Sworn Financial Affidavit; Contents. With the
verified petition to be relieved of costs, the appellant must file a
sworn financial affidavit listing income and assets, including
marital income and assets, and expenses and liabilities.

(E) Verified Petition and Sworn Financial Affidavit;
Service. The appellant must serve a copy of the verified petition to
be relieved of costs, including the sworn financial affidavit, on all
interested parties, including the Division of Workers’ Compensation,
the office of general counsel of the Department of Financial
Services, and the clerk of the court.

(F) Hearing on Petition to Be Relieved of Costs.
After giving 15 days’ notice to the Division of Workers’
Compensation and all parties, the lower tribunal must promptly
hold a hearing and rule on the merits of the petition to be relieved
of costs. However, if no objection to the petition is filed by the
division or a party within 20 days after the petition is served, the
lower tribunal may enter an order on the merits of the petition
without a hearing.
(G) Extension of Appeal Deadlines. If the petition
to be relieved of the entire cost of the preparation of the record on
appeal is granted, the 60-day period allowed under these rules for
the preparation of the record will begin to run from the date of the
order granting the petition. If the petition to be relieved of the cost
of the record is denied or only granted in part, the petitioner must
deposit the estimated costs with the lower tribunal, or file a motion
requesting a determination of indigency, within 15 days from the
date the order denying the petition is entered. The 60-day period
allowed under these rules for the preparation of the record will
begin from the date the estimated cost is deposited with the lower
tribunal. If the petition to be relieved of the cost of the record is
withdrawn before ruling, then the petitioner must deposit the
estimated costs with the lower tribunal at the time the petition is
withdrawn and the 60-day period for preparation of the record will
begin to run from the date the petition is withdrawn.

(H) Payment of Cost for Preparation of Record by
Administration Trust Fund. If the petition to be relieved of costs is
granted, the lower tribunal may order the Workers’ Compensation
Administration Trust Fund to pay the cost of the preparation of the
record on appeal pending the final disposition of the appeal. The
lower tribunal must provide a copy of such order to all interested
parties, including the division, general counsel of the Department of
Financial Services, and the clerk of the court.

(I) Reimbursement of Administration Trust Fund
If Appeal Is Successful. If the Administration Trust Fund has paid
the costs of the preparation of the record and the appellant prevails
at the conclusion of the appeal, the appellee must reimburse the
fund the costs paid within 30 days of the mandate issued by the
court or supreme court under these rules.

(h) Briefs and Motions Directed to Briefs.

(1) Briefs; Final Order Appeals. Within 30 days after the
lower tribunal certifies the record to the court, the appellant must
serve the initial brief. Additional briefs must be served as prescribed
by rule 9.210.
(2) Briefs; Nonfinal Appeals. The appellant’s initial brief,
accompanied by an appendix as prescribed by rule 9.220, must be
served within 15 days of filing the notice. Additional briefs must be
served as prescribed by rule 9.210.

(3) Motions to Strike. Motions to strike a brief or
portions of a brief will not be entertained by the court. However, a
party, in its own brief, may call to the court’s attention a breach of
these rules. If no further responsive brief is authorized,
noncompliance may be brought to the court’s attention by filing a
suggestion of noncompliance. Statements in briefs not supported by
the record will be disregarded and may constitute cause for
imposition of sanctions.

(i) Attorneys’ Fees and Appellate Costs.

(1) Costs. Appellate costs must be taxed as provided by
law. Taxable costs will include those items listed in rule 9.400 and
costs for a transcript included in an appendix as part of an appeal
of a nonfinal order.

(2) Attorneys’ Fees. A motion for attorneys’ fees must
be served in accordance with rule 9.400(b).

(3) Entitlement and Amount of Fees and Costs. If the
court determines that an appellate fee is due, the lower tribunal will
have jurisdiction to conduct hearings and consider evidence
regarding the amount of the attorneys’ fee and costs due at any
time after the mandate, if applicable, or the final order or opinion
disposing of the case is issued, whichever is later.

(4) Review. Review will be in accordance with rule
9.400(c).

Committee Notes

1996 Adoption. Rule 9.180 is intended to supersede rules
4.160, 4.161, 4.165, 4.166, 4.170, 4.180, 4.190, 4.220, 4.225,
4.230, 4.240, 4.250, 4.260, 4.265, 4.270, and 4.280 of the Rules of
Workers’ Compensation Procedure. In consolidating those rules into
one rule and incorporating them into the Rules of Appellate
Procedure, duplicative rules have been eliminated. The change was
not intended to change the general nature of workers’ compensation
appeals. It is contemplated there still may be multiple “final orders.”
See 1980 Committee Note, Fla. R. Work. Comp. P. 4.160.

The orders listed in rules 9.180(b)(1)(A), (B), and (C) are the
only nonfinal orders appealable before entry of a final order in
workers’ compensation cases.

Rule 9.180(b)(2) now limits the place for filing the notice of
appeal to the lower tribunal that entered the order and not any
judge of compensation claims as the former rule provided.

Rule 9.180(f)(6)(E) provides that the lower tribunal shall
provide a copy of the record to all counsel of record and all
unrepresented parties. It is contemplated that the lower tribunal
can accomplish that in whatever manner the lower tribunal deems
most convenient for itself, such as, having copies available that
counsel or the parties may pick up.

2011 Amendments. Subdivision (b)(4) was amended to
provide for the use of form 9.900(c) in appeal of non-final orders.

Subdivisions (f)(6) and (f)(7) were amended to conform to
section 440.29(2), Florida Statutes, providing that the deputy chief
judge, not the lower tribunal, is authorized to designate the manner
in which hearings are recorded and arrange for the preparation of
records on appeal. Moreover, it provides statewide uniformity and
consistency in the preparation of records on appeal by
incorporating electronic and other technological means to promote
efficiency and cost reduction. Currently the electronic version of the
transcript is the Portable Document Format (PDF).