Florida/Georgia Personal Injury & Workers Compensation

...We agree with the district court below that the deputy commissioner is without jurisdiction to hear this action. The deputy commissioner is vested only with certain limited quasi-judicial powers relating to the adjudication of claims for compensation and benefits. § 440.25(1), Fla....

...1st DCA 1980), overruled on other grounds, Belam Florida Corp. v. Dardy, 397 So.2d 756 (Fla. 1st DCA 1981). While he may have "full power and authority" to hear and determine questions pertaining to compensation and benefits, such authority must be exercised only "in respect to such claims." § 440.25(1)....

...learly erroneous." (Italics supplied.) See Sonny Boy's Fruit Co. v. Compton, Fla., 46 So.2d 17, 18, and cases cited therein. We believe the confusions wrought by our opinions developed by virtue of the fact that after the 1941 amendments to Sections 440.25 and 440.27, Florida Statutes 1941, F.S.A., we inadvertently continued to follow our earlier pronouncement that "the probity of the evidence is for the Industrial Commission to determine and their findings should not be reversed unless shown to...

...ar the witnesses and in effect conduct a hearing de novo, it was provided by the 1941 amendment that "The full commission shall consider the matter upon the record as prepared and certified by the deputy commissioner * * *." (Italics supplied.) *744 Section 440.25, supra, as amended, in addition to providing that the hearing shall be conducted by a deputy commissioner further provides that such deputy commissioner shall "within twenty days after such hearing determine the dispute in a summary ma...

...It is the duty of the Circuit Court to determine whether the full Commission observed the "substantial evidence" rule when the deputy commissioner's findings and compensation order were before said Commission for review as provided by statute, our former adjudications rendered after the 1941 amendments *746 of Sections 440.25 and 440.27, Florida Statutes, F.S.A., to the contrary notwithstanding....

...[4] The record discloses that the parties did not raise or attempt to litigate the issue of the constitutionality of the age/wage-loss provision either before or during the hearing or during the period before the deputy commissioner's appealable order became final, as required by Section 440.25(4)(a), Florida Statutes....

...obtain the type of work which he can do insofar as affected by the injury. See Eastern S.S. Lines, Inc. v. Monahan, 1 Cir., 1940, 110 F.2d 840, 842. In disposing of a claim for compensation, a Deputy Commissioner has a duty to make findings of fact. Section 440.25 (3) (b), F.S....

...sdiction." (emphasis ours) A different provision of Art. V, § 3(b)(7), states that we "[s]hall have the power of direct review of administrative action prescribed by law." (emphasis ours) Workmen's compensation review has been implemented by F.S. §§ 440.25(4)(d) and 440.27. In relevant part, § 440.25(4)(d) provides: "The order of the commission shall become final upon expiration of the period within which any interested party may file a petition for writ of certiorari requesting review of such order by the supreme court unless within said time any interested party shall file a petition for writ of certiorari in accordance with § 440.27." *169 In pertinent part, § 440.27 states: "Orders of the commission entered pursuant to § 440.25 shall be subject to review only by petition for writ of certiorari to the supreme court." [3] Neither of these two statutes attempts to make it mandatory (as of course a statute could not do) for an appellate court to exercise certiorari review fixed by the constitution....

...Fletcher, 621 So.2d 706, 708 (Fla. 1st DCA 1993)(holding employer lost statutory right to independent examination where it "waited more than a year to attempt to schedule the independent dental examination"). On the other hand, sections 440.13(9)(c) and 440.25(4)(d), Florida Statutes (1995), contemplate resort to an expert medical advisor, even if disagreement between medical providers becomes apparent only after the merits hearing has begun....

...At such hearing, the claimant and employer may each present evidence in respect of such claim.... When there is a conflict in the medical evidence submitted at the hearing, the provisions of s. 440.13 shall apply. The report or testimony of the expert medical advisor shall be made a part of the record of the proceeding. § 440.25(4)(d), Fla....

...Roberts, 188 So.2d 23 (Fla. 1st DCA 1966). A corollary of that, in workers' compensation appeals, is that we will not reverse for a readily correctable technical error that the deputy was not asked to correct within the time available for correction. Section 440.25(4)(a), Florida Statutes (1981); Genuine Parts Co....

...what is necessary in that respect. The Deputy Commissioner is required by statute, in his order allowing or rejecting a claim, to set forth "a statement of the findings of fact and other matters pertinent to the questions at issue." (Italics added.) Section 440.25(3)(c), F.S....

...e case following remand. Moreover, the language in question does not indicate on what basis the Commission would have affirmed the award below, and we are therefore without the benefit of the Commission's thinking in this regard. Although Fla. Stat. § 440.25(4) (d), F.S.A., requires only that the Commission affirm, reverse or modify the questioned compensation order, it is usually helpful and desirable for the Commission to outline its reasons for reaching a given result....

...court on behalf of the Fund for the purpose of reviewing its own order relative thereto. Also, the Commission, by virtue of F.S. § 440.27(1), F.S.A., is made a party respondent in certiorari proceedings to review its orders entered pursuant to F.S. § 440.25, F.S.A., and, therefore, cannot be the petitioner in such proceedings....

...n medical report, rather than the date of the last medical examination to which the report related, namely, February 29, 1980. This error might readily have been corrected by application to the deputy during the 20 day period before it became final. Section 440.25(4)(a), Florida Statutes (1979)....

...Claims in making findings of fact, this Court has set out certain guidelines. In Ball v. Mann, 75 So.2d 758, 760 (Fla. 1954), this Court declared, "In disposing of a claim for compensation, a Deputy Commissioner has a duty to make findings of fact. Section 440.25(3)(b), F.S....

...nt of facts should be clear and unambiguous and should be sufficiently definite and detailed to enable the reviewing authority to test the validity under the law of the decision resting upon those facts. Chapter 67-374, Laws of Florida 1967, amended Section 440.25(3)(c) to provide, "(c) The order making an award or rejecting the claim (referred to in this chapter as a compensation order) shall set forth the findings of ultimate facts and the mandate, and the order need not include any other reas...

...[2] The issue in the instant case was the exact degree of disability under F.S. § 440.15(3) (s), F.S.A.: "(s) Partial loss or partial loss of use: Compensation for permanent partial loss or loss of use of a member may be for proportionate loss or loss of use of the member." Section 440.25(3) (c), Florida Statutes, F.S.A., requires a deputy commissioner to include in his order a statement of the findings of fact and other matters pertinent to the questions at issue....

...account of the facts of a case. By our analogies, we may have led the judges of industrial claims from their rather precisely defined statutory duties. The Legislature has imposed on each judge of industrial claims the primary duty of finding facts. Section 440.25(3)(c), Florida Statutes (1975), requires those findings to be written....

...on, in that it preserves in the record the findings of the agency assigned by law to bring industrial relations experience to bear on factual disputes peculiar to that area. The detail in which such findings must be stated is succinctly described in Section 440.25(3)(c) as the "ultimate facts", the same formulation we expressed in Pierce....

...n order of the deputy commissioner. In language completely faithful to the then-controlling statute, the Ball court set out the rule it would apply: In disposing of a claim for compensation, a Deputy Commissioner has a duty to make findings of fact. Section 440.25(3)(b), F.S.1951, F.S.A....

...rafted a rule requiring "detailed and precise findings of fact." Id. The Pierce court then noted, however, that the nature of both the Commission and of the controlling statute had changed. See id. at 283-84. In 1967, the Florida Legislature amended section 440.25(3)(c), Florida Statutes, to provide: The order making an award or rejecting the claim (referred to in this chapter as a compensation order) shall set forth the findings of ultimate facts and the mandate, and the order need not include any other reason or justification for such mandate....

...views as to [the] directive in Pierce v. Piper Aircraft Corp., ..." Vargas, 345 So.2d at 1053. In Vargas, the court elaborated upon the directive of Pierce, which, in the view of the court, was *1078 simply an application of the controlling statute, section 440.25(3)(c), Florida Statutes (1975): The detail in which such findings must be stated is succinctly described in Section 440.25(3)(c) as the "ultimate facts", the same formulation we expressed in Pierce....

...Indeed, at least one dissenting opinion from this court has correctly noted the relationship between the rule of competent substantial evidence and the statutory rule required by the supreme court precedent: The right of an appellate court to reverse and remand a compensation order so that it may be clarified is derived from section 440.25(3)(e), Florida Statutes (1989), providing in part: The order making an award or rejecting the claim, referred to in this chapter as a "compensation order," shall set forth the findings of ultimate facts and the mandate; and the order need not include any other reason or justification for such mandate....

...on case...." Id. at 413. We now conclude that the Rosenfeld court properly stated the rule as formulated by the Florida Supreme Court in Pierce, Vargas, and Buro. Moreover, the statute relied upon in Pierce remains unchanged today and is codified at section 440.25(4)(e), Florida Statutes (2001)....

...Americana of Bal Harbour, 345 So.2d 1052 (Fla.1976); and Buro v. Dino's Southland Meats, 354 So.2d 874 (Fla.1978), do not address an appellate body's review function. Rather, they are limited to a discussion of the JCC's fact-finding responsibility following the legislature's amendment to section 440.25(3)(c), Florida Statutes (1967), requiring the JCC to set forth "findings of ultimate facts and the mandate." The statutory amendment did *1085 not affect this court's review process, as I explained in my dissent in Above All Drywall v....

...The dissent's suggestion that we should consider the unraised MMI issue as a question of law is illusory at best. Drs. Rogachefsky and Dennis both diagnosed the same conditions and did not disagree as to limitations. They differed only in the number rating assigned. [2] Section 440.25(3)(b), Florida Statutes (1951), provided in pertinent part: "The order rejecting the claim or making the award (referred to in this chapter as a compensation order), together with a statement of the findings of fact and other matter pe...

...ic or functional abnormality or loss as established and rated by a testifying physician, is not the conceptual equivalent of a claimant's "disability" to earn wages or income at the level he or she was earning at the time of the industrial accident. Section 440.25(3)(b) specifies that "[n]o deputy commissioner shall make a finding of a degree of permanent impairment that is greater than the greatest permanent impairment rating given the claimant by any examining or treating physician, except upo...

...3) the case therefore presents no necessity for certification of the issue posed. Applying the Canakaris test, I cannot conclude that no reasonable person would take the view adopted by the trial court. NOTES [1] § 120.59(2), Fla. Stat. (1985). [2] § 440.25(3)(c), Fla....

...His report was considered in arriving at this Order. 12. I find the claimant is permanently and totally disabled. [2] Section 440.02(9), Florida Statutes. [3] Other statutory changes contemporaneous with the permanent total disability language, supra, have removed from § 440.25(3)(c) the former mandate (originally imposed by Walker v....

...camera. [2] Florida Rule of Civil Procedure 1.360(a) provides the discovery mechanism by which a party may request that another party submit to an examination when the condition that is the subject of the requested examination is in controversy. [3] Section 440.25(7), Florida Statutes (1997), provides: (7) An injured employee claiming or entitled to compensation shall submit to such physical examination by a certified expert medical advisor approved by the division or the judge of compensation claims as the division or the judge of compensation claims may require....

...tatutes 1941, and F.S.A., was somewhat elaborate and prolonged. After the claim had been filed and notice had been given to the employer and a hearing had been conducted by a deputy commissioner who determined the "dispute in a summary manner", Sec. 440.25 (3) (b), any interested party could file an application for a review of the order by the full commission....

...arly with transcripts in such cases. For the benefit of the bench, the bar, the commission, and the litigants these newly adopted rules are copied: "CERTIORARIS IN INDUSTRIAL CASES "(e) Orders of the Florida Industrial Commission entered pursuant to Section 440.25, Florida Statutes 1951, as amended by Section 8, Chapter 28241, Laws of Florida, Acts of 1953, shall be reviewed only by writ of certiorari pursuant to Section 5, Article V of the Constitution upon a petition filed in this Court within sixty days from the date the order sought to be reviewed was entered....

...ution. [2] Legislative forum shopping, if ultimately upheld, marks the beginning of the end of Florida's judicial system as we now know it. I respectfully dissent. NOTES [1] Cf., Maryland Casualty Co. v. Marshall, 106 So.2d 212, (Fla. 1st DCA 1958); § 440.25(3)(b), Fla....

...res judicata or estoppel as applied to the judgments or decrees of courts. Except as to the extent that modification is permitted by Section 440.28, supra, orders of the Industrial Commission and its deputies become final within the time provided by Section 440.25, Florida Statutes, F.S.A....

...red five months previously where the motion for relief from the order was made approximately four months from the date on which the order became final. Id. at 411. We stated: The [JCC] derives its very existence and authority from the legislature. §§ 440.25 and 440.45, Florida Statutes (1975)....

...with our holding here. We approve the decision of the First District dismissing Millinger's appeal as untimely. It is so ordered. GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. SHAW, J., concurs in result only. NOTES [1] Section 440.25(4)(a), Florida Statutes (1993), provides that a JCC's order shall become final 30 days after copies of the JCC's order have been mailed to the parties, unless the order is timely appealed....

...While a court has express authority to "relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding," see Fla.R.Civ.P. 1.540, a JCC's authority to vacate and amend orders is expressly limited to those orders which are "not yet final by operation of section 440.25." [3] Millinger's counsel appears to have recognized this problem when he filed a motion for relief in the district court even before the appeal was dismissed....

...Appellants' failure to act within fourteen days did not alter the timetable either for giving notice of a mediation conference or for actually holding the conference; both deadlines depend on when the petition for benefits is filed, not when or whether a notice of denial is filed. § 440.25(1), Fla. Stat. (Supp. 1994). If mediation does not succeed, the judge of compensation claims must hold a pretrial hearing and, if necessary, a final hearing. § 440.25(4), Fla....

...final, and all equally appealable. This is not only necessitated by the nature of a workers' compensation case but also is required by the Statute and the existing rules which allow claims and trials of only the matured issues. (See in this regard F.S. 440.25 and existing Workers' Compensation Rule of Procedure 7.) This of course is different from other sorts of personal injury litigation in which the matter is tried at one time, and all issues are presented....

...This procedure is not approved. It is not the responsibility of this Court to brief a cause for any of the parties. Our examination of the record and the briefs of the petitioner lead us to the conclusion that the petitioner's contention is sound. Section 440.25(3) (c), Florida Statutes, F.S.A., requires a deputy commissioner to include in his order a statement of the findings of fact and other matters pertinent to the questions at issue....

...sought. Accordingly, as a matter of law, the statute of limitations remained tolled. To the extent the judge of compensation claims dismissed the petition based on his belief that it had been pending too long, the proper procedure would be to invoke section 440.25(4)(i), Florida Statutes (2008)....

...o pay for the claimant's chosen medical examination. If there were a conflict in the medical evidence submitted at a hearing, the judge could compel an examination by a disinterested doctor, and assess the related charges as costs in the proceeding. Section 440.25(3)(d), Fla....

...By the time of the hearing in the present case, the Workers' Compensation Law had been extensively revised. The judge's investigative power under section 440.29(1) was unchanged, but the judge's authority was somewhat altered with regard to the consequences of a conflict in the medical evidence. See § 440.25(4)(d), Fla....

...the *98 rights of all parties involved, not just the immunization of insurance companies from responsibility for egregious intentional contact. Although the dissent voices the view that a worker subjected to abuses such as these would find relief in section 440.25(4)(h) of the Florida Statutes (2000), see dissenting op....

...Inservices, 837 So.2d at 472 (Shevin, J., dissenting in part, concurring in part). The allegations here do not involve a simple benefit dispute. Aguilera's complaint provides allegations of conduct rising to the level of intentional infliction of additional injuries by an insurance company. Section 440.25 is not an available optional procedure that provides relief or compensation for these separate and distinct injuries inflicted....

...uant to the many applicable provisions of the Workers' Compensation Act. [5] As I have said, Aguilera inexplicably ignored these remedies. Aguilera could have filed for an emergency medical hearing before the judge of compensation claims pursuant to section 440.25(4)(h), Florida Statutes (2000), and Florida Rules of Workers' Compensation Procedure 4.065(d) and 4.095. This judge could have held an emergency conference and entered an order providing Aguilera with the expeditious relief he claims Inservices unreasonably denied him. Section 440.25(4)(h) states: Notwithstanding any other provision of this section, the judge of compensation claims may require the appearance of the parties and counsel before her or him without written notice for an emergency conference where there...

...s for dispute resolution. So, assuming that Aguilera's allegations are true, had he taken advantage of these procedures, the Act entitles him to prompt, emergency relief. Yet, there is no allegation or evidence that Aguilera ever sought relief under section 440.25(4)(h) or any other provision of the Act....

...Roberts, 188 So.2d 23 (Fla. 1st DCA 1966). A corollary of that, in workers' compensation appeals, is that we will not reverse for a readily correctable technical error that the deputy was not asked to correct within the time available for correction. Section 440.25(4)(a), Florida Statutes (1981); Genuine Parts Co....

...In Acosta Roofing Co. v. Gillyard, 402 So.2d 1321, 1322 (Fla. 1st DCA 1981), pet. for rev. den., 412 So.2d 463 (Fla. 1982), this court also said: This error might readily have been corrected by application to the deputy during the 20 day period before it became final. Section 440.25(4)(a), Florida Statutes (1979)....

...require use of administrative guidelines "based upon medically or scientifically demonstrable findings" with interim use of the 1977 AMA Guides, § 440.15(3)(a) 3, and further limit permanent impairment ratings to the degree found by any physician, § 440.25(3)(b)....

...airly equivalent information as will put the commission and the employer on notice with respect to the identity of the parties and the nature of the claim." It is important also to note the use of the word "claim" and the clear legislative intent of Section 440.25(2) which provides: "Within ten days after such claim is filed the commission, in accordance *432 with regulations prescribed by it, shall notify the employer and any other person (other than the claimant), whom the commission considers an interested party, that a claim has been filed....

...Curphey and Robert J. Grace, Jr. of Stiles, Taylor & Metzler, P.A., Tampa, for appellees. ON MOTION TO DISMISS PER CURIAM. Claimant has appealed an order of the Judge of Compensation Claims entered after holding an emergency conference pursuant to subsection 440.25(4)(h), Florida Statutes (Supp....

...to this court, and thus deny the motion to dismiss. The amendments to chapter 440, Florida Statutes, enacted during the 1993 special session, chapter 93-415, Laws of Florida, effected substantial changes to the existing workers' compensation scheme. Section 440.25, entitled "Procedures for mediation and hearings," was substantially rewritten to set forth procedures and requirements for the resolution of disputed claims not heretofore known in the workers' compensation act. Among other things, section 440.25 provides in paragraph (4)(h): Notwithstanding any other provision of this section, the judge of compensation claims may require the appearance of the *444 parties and counsel before him without written notice for an emergency conferenc...

...ossible whenever the judge of compensation claims determines in a particular case that "a bona fide emergency involving the health, safety, or welfare of an employee" exists that requires immediate adjudication of one or more claims for benefits. Subsection 440.25(4)(h) empowers the judge to adjudicate such claim pursuant to an abbreviated conference or hearing and, upon making a finding that a bona fide emergency exists, to enter an order awarding or denying such claim for emergency benefits....

...This statutory limitation is to be distinguished from the continuation of proceedings for updated medical information that occurred in Watts or the reservation of adjudication in ESI v. Taylor, 588 So.2d 1017 (Fla. 1st DCA 1991). Since the order in the instant case found a bona fide emergency within the meaning of subsection 440.25(4)(h) to exist and awarded in part and denied in part certain benefits, it is a final order subject to appellate review in this court....

...ims entered and the Industrial Commission affirmed a so-called "shortform" compensation order denying the claim. The case was set for oral argument on the question of the constitutional validity of Chapter 67-374, Laws of Florida 1967, which amended Section 440.25(3) (c), Florida Statutes, F.S.A....

...court of its constitutional powers it is invalid and must be so adjudged. But if the statute is reasonably susceptible to a construction which renders it valid, that construction should be adopted. Chapter 67-374 makes two changes in the language of Section 440.25(3) (c)....

...o require the preparation of compensation order meeting the requirements of this judgment. ERVIN, C.J., and ROBERTS, DREW, ADKINS and BOYD, JJ., concur. CARLTON, J., concurs specially with Opinion. CARLTON, Justice (concurring specially). Fla. Stat. 440.25(3) (c) (1965) was revised by Fla....

...Travelers appeals the deputy's order modifying the 1984 order, arguing that the deputy lacked jurisdiction to determine their dispute with FIGA regarding the application of chapter 631 to Travelers. FIGA and Sitko argue that the deputy had jurisdiction to resolve this dispute under section 440.25(1), Florida Statutes, and that the deputy correctly interpreted the provisions of chapter 631....

...tem from the statute. In this case the parties could cite no authority, nor have we found any, for the deputy's jurisdiction over Travelers, a third-party insurer having no connection to claimant's employer's workers' compensation coverage. Although section 440.25(2), Florida Statutes (1983), allows notice to "any other person other than the claimant whom the division considers an interested party," it does not define the term "interested party." Section 440.25(3)(b) allows only the claimant and the employer to give evidence at a hearing....

...Since chapter 440 places jurisdiction over this type of action in a different forum, the deputy commissioner did not have jurisdiction to hear or determine the issue of FIGA's liability to Travelers. [2] Appellees argue that the deputy has jurisdiction over this dispute under section 440.25(1), Florida Statutes, which reads, "The deputy commissioner shall have full power and authority to hear and determine all questions presented in respect to such claims [for compensation or other benefits]." Here, the claim was not "in...

...Claimant, Cyril Hanna, who is incarcerated in a Florida prison, appeals from an order of the judge of compensation claims (JCC) dismissing his claim. We reverse and remand to allow the JCC to make express written findings of ultimate facts in accordance with section 440.25(3)(e), Florida Statutes (1989)....

...s after it becomes due, there shall be added to such unpaid compensation an amount equal to twenty per cent (20%) thereof * * *." The compensation order entered October 10, 1966, became effective on that date. For purposes of appeal under Fla. Stat. 440.25(4) (1959), F.S.A., such an order becomes final twenty days after the date copies are mailed to parties....

...This Court will not resolve sufficiency of the evidence issues unless intertwined with, and incidental to, important issues of law requiring resolution by this Court. See, for example, Sherrill v. Fuchs Baking Co., 327 So.2d 222 (Fla. 1976); Mahler v. Lauderdale Lakes Nat'l Bank, 322 So.2d 507 (Fla. 1975). [2] § 440.25(3)(c), Fla....

...at the time the claim was originally filed and upon which issue the Deputy Industrial Commissioner, after adversary hearing, entered his order of September 26, 1961. No review of this order was prosecuted by the carrier, pursuant to the provision of § 440.25, Fla....

...Rejection of the EMA's Opinions If there is a disagreement in the opinions of health care providers, the legislature has mandated that the JCC shall appoint an EMA. See § 440.13(9)(c), Fla. Stat. (2004). Further, the report or testimony of the EMA shall be admitted into evidence, see section 440.25(4)(e), Florida *832 Statutes (2004), and the opinion of the EMA is presumed to be correct unless there is clear and convincing evidence to the contrary as determined by the JCC....

...1958." The decision as to whether the motion to transfer should be granted depends upon our construction of the underscored language of Section 440.27(1), Florida Statutes, F.S.A., which reads as follows: "(1) Orders of the full commission entered pursuant to § 440.25 of this chapter shall be subject to review only by petition to the district courts of appeal for writ of certiorari....

...ll Commission and back to this Court before it can be finally disposed of. We repeat that all of this time and expense could have been avoided had the Deputy Commissioner performed his full duty according to the rules laid down by the Legislature in Section 440.25(3) (c) and this Court in the cited cases....

...As to Point II, we agree that the deputy commissioner properly reserved jurisdiction for the purpose of awarding wage-loss *813 benefits pending a medical report by Dr. Moll, a physician appointed by the deputy. That procedure is expressly authorized by Section 440.25(3)(b), Florida Statutes (1979), [3] on those occasions when medical testimony at a hearing is conflicting....

...h a different dealer, contrary to the tenor of the deputy commissioner's statements at the hearing, could and should have been brought to the attention of the deputy commissioner during the thirty day period before the order became final pursuant to Section 440.25(4)(a), Florida Statutes (1983)....

...ROBERTS, Justice. We have for review by petition for writ of certiorari an order of the Industrial Relations Commission reversing the order of the Judge of Industrial Claims on the sole basis that it was not entered within the thirty-day period specified in Section 440.25(3)(b), Florida Statutes....

...rts are directed toward campaigning or other non-case decision related matters should a new trial ensue in the interest of fairness, impartiality, appropriate decision making and the applicable statute," the Industrial Relations Commission held that Section 440.25(3)(b), Florida Statutes, means that the order of the Judge of Industrial *1151 Claims shall be entered before the expiration of thirty days from the date of the last hearing and, accordingly, the Industrial Relations Commission reverse...

...It is so ordered. OVERTON, C.J., and ADKINS and BOYD, JJ., concur. ENGLAND, J., concurs with an opinion, with which OVERTON, C.J., and ADKINS, J., concur. ENGLAND, Justice (concurring). I concur in the Court's conclusion that the time period expressed in Section 440.25(3)(b) is directory rather than mandatory....

...order cannot adequately be tested from the record alone, so that the interests of justice require a new hearing. Two other matters in this case also warrant comment. First, I would note that the action of this Court in construing the term "shall" in Section 440.25(3)(b) as only directory would be troublesome to me if we were reviewing the Commission's first judgment on that issue....

...When that is done the Commission will be in the same position as this Court was in Jarvis, and the Commission will be in a position to provide the same type of review of the merits of the proceeding. OVERTON, C.J., and ADKINS, J., concur. NOTES [1] At which time, F.S. 440.25(3)(b) read in pertinent part: "......

...Acceptance of payments did not constitute a petition for benefits, as defined in section 440.192, Florida Statutes. Moreover, the order granting the rescheduling of payments cannot be considered a conclusion on the merits or a final compensation order, as defined in section 440.25(4)(e)....

...As the deputy commissioner is neither an agency head nor a hearing officer, his participation in the process is not authorized. Although not argued by the respondents, we have considered the possibility that the the broad grant of powers to the deputies contained in section 440.25(1), Florida Statutes, might justify Deputy Commissioner Akins' role in these proceedings. That subsection states in pertinent part that "[t]he deputy commissioner shall have full power and authority to hear and determine all questions presented in respect to [workers' compensation] claims." Case law interpreting section 440.25(1) makes clear, however, that a deputy's role in the workers' compensation dispute resolution process is not without jurisdictional boundaries....

...minated Geraldine Smith as a result of her attempts to claim further workmen's compensation benefits" instead of the alleged reason of excessive absenteeism; (2) that the deputy had "jurisdiction to hear this cause pursuant to Fla. Stat. § 440.205, § 440.25, and § 440.45," and (3) that a prior order denying additional benefits for the claim in question "does not preclude the undersigned from considering a violation of Fla....

...ended for accomplishment of the stated legislative purpose. We conclude however that a wrongful discharge action is clearly not cognizable by a deputy commissioner within the parameters of Chapter 440. Although deputy commissioners are authorized by § 440.25(1) to "hear and determine all questions" in respect to a claim for compensation, the request for a § 440.205 wrongful discharge finding in the case before us is neither a claim for "compensation" nor "benefits" as those terms are used in Chapter 440....

...261 (1974) (citing to State ex rel. Finlayson v. Amos, 76 Fla. 26, 79 So. 433 (1918). See also Mayo v. American Agricultural Chemical Co., 101 Fla. 279, 133 So. 885 (1931). Nor in my view was there created a claim that is cognizable under Chapter 440. Section 440.25(1) provides: Subject to the provisions of s....

...the division shall, if it agrees with such protest, notify the protesting party that the assessment has been revoked. If the division does not agree with the protest, it shall refer the matter to the deputy commissioner for determination pursuant to s. 440.25(3) and (4)....

...E/C's proposed order which were totally unsupported by the evidence appellant should have brought it to the JCC's attention. [2] This affirmance shall not be considered approval of the untimeliness of the order or the procedures utilized by the JCC. Section 440.25, Florida Statutes, clearly contemplates that a final order will be issued within 30 days of completion of the hearing....

...der. The stipulation should be honored, but it. was incomplete on an important issue. The commission had express authority to “affirm, reverse or modify said award, or remand to a deputy commissioner for further proceedings” (Italics furnished.) Section 440.25 (4), Florida Statutes, 1941, and F.S.A....

...Christie, as Deputy Commissioner, in the above styled cause on November 22, 1955; and "Whereas, the said George A. Frix and Oscar Sandstrom have filed their application for review of said award with the Florida Industrial Commission; and "Whereas, Section 440.25(4) (a), F.S.A., requires that the said George A....

...he Workmen's Compensation Law has been held to be quasi-judicial. See South Atlantic S.S. Co. of Delaware v. Tutson, 139 Fla. 405, 190 So. 675, 680. The statute provides for an appeal to the full commission from such orders of a deputy commissioner (§ 440.25 (4) (a), Fla. Stat., F.S.A.), and for further review by certiorari in district courts of appeal (§ 440.25(4) (c) and § 440.27(1), Fla....

...n" within the Act so as to extend the claimant's time for filing a claim for compensation. While the act does not specifically allow for reservation of jurisdiction on the part of the deputy per se, blanket authority is given to the commission under § 440.25(1) in the following words: "* * * the commission shall have full power and authority to hear and determine all questions in respect to such claims." Other cases before us wherein the deputy has reserved jurisdiction have received favorable consideration....

...oss benefits due during the months of January through March of 1981. This is a matter that could have, and should have, been brought to the deputy's attention within twenty days after copies of the order were mailed to the parties as provided for by section 440.25(4)(a), Florida Statutes (1979)....

...lt the Guides. Use of Dr. Gilbert's rating was technical error. Section 440.15(3)(a)3, Florida Statutes (1979). However, this matter could easily have been brought to the deputy's attention during the thirty-day period before the order became final. Section 440.25(4)(a), Florida Statutes (1981); Acosta Roofing Co....

...Gilbert on his use of the Guides does not constitute substantially raising the issue before the deputy. The award of fifteen per cent permanent physical impairment is affirmed. The employer/carrier's concern over the timing of the hearing on wage earning capacity diminution under section 440.25(3)(a), Florida Statutes (1978), is extinguished by our reversal of the award based on loss of wage earning capacity....

...rgency Conference, made pursuant to Rule 4.112, Florida Rules of Workers' Compensation Procedure, and an emergency conference took place on July 25, 1994. At the conference, Andreff requested, for the first time, that the matter be heard pursuant to section 440.25(4)(h), Florida Statutes (Supp....

...The JCC further ordered the E/C to authorize the requested surgery if, after the tests are concluded, Dr. Magana wishes to perform the surgery. Following a rehearing held pursuant to the E/C's motion, the E/C appealed from the JCC's order. We reverse. *1377 As a threshold issue, appellants argue that section 440.25(4)(h) is substantive and thus should not apply in this case....

...ossible whenever the judge of compensation claims determines in a particular case that "a bona fide emergency involving the health, safety, or welfare of an employee" exists that requires immediate adjudication of one or more claims for benefits. Subsection 440.25(4)(h) empowers the judge to adjudicate such claim pursuant to an abbreviated conference or hearing and, upon making a finding that a bona fide emergency exists, to enter an order awarding or denying such claim for emergency benefits....

...dence to be utilized to prove entitlement to relief. Absent an abuse of discretion, this court will not disturb a finding by the JCC that reasonable notice was given in a particular case. In addition, the scope of the conference convened pursuant to section 440.25(4)(h) is limited to the scope of the emergency situation involved....

...Florida State Hosp., 631 So.2d 318, 318 (Fla. 1st DCA 1994); Perez v. Tropicana Prods., Inc., 496 So.2d 967, 968 (Fla. 1st DCA 1986); University of Fla. v. Green, 395 So.2d 258, 259 (Fla. 1st DCA 1981). *1378 Appellants also assert that, in this case, the application of section 440.25(4)(h) resulted in a violation of due process....

...Appellants concede that they had notice of the claimant's intent to have an emergency conference, but allege that because the claimant originally requested the hearing pursuant to Rule 4.112, Florida Rules of Workers' Compensation Procedure, it did not have notice of the claimant's intent to have a hearing pursuant to section 440.25(4)(h)....

...n by the judge of compensation claims. No other emergency conference or hearing is permitted by these rules. (emphasis added). As the underlined portion indicates, a conference convened pursuant to Rule 4.112, in contrast to one convened pursuant to section 440.25(4)(h), cannot result in the entry of an order or the rendering of an adjudication by a JCC. See § 440.25(4)(h), Fla....

...der or the rendering of an adjudication by the judge of compensation claims"). The Notice of Hearing in this case does not reference either the rule or the statute. The E/C thus did not know that the emergency conference would take place pursuant to section 440.25(4)(h), rather than Rule 4.112, and therefore did not have reason to anticipate that a final order could be entered following the conference....

...See Southeast Recycling, 639 So.2d at 157; Thompson, 388 So.2d at 1339. We therefore REVERSE and REMAND for further proceedings consistent with this opinion. We decline to reach the other issues advanced by appellants. BARFIELD and ALLEN, JJ., concur. NOTES [1] Section 440.25(4)(h), Florida Statutes (Supp....

...pinion. McCORD, J., concurs. WENTWORTH, J., specially concurs. WENTWORTH, Judge, concurring. I agree with the court's opinion but would affirm the permanency rating for the August 1976 accident only because no issue was raised as to applicability of § 440.25(3)(b), Florida Statutes, as amended in 1978 to alter Magic City v....

...provided in section 440.29(1), Florida Statutes (1987). [1] In the absence of conflicting medical evidence submitted at the hearing, however, the judge may not order an employer or carrier to bear the expense of the independent medical examination. § 440.25(3)(b), Fla....

...ense. The judge did not, however, err in ordering the independent medical examination to assist him in ascertaining the rights of the parties. Furthermore, the judge certainly was authorized to rely on the independent medical examiner's opinion. See § 440.25(3)(a), Fla....

...ommissioner 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... . [2] § 440.25(3)(b), Fla....

...The motion was granted and the management company was dismissed as a defendant. The jury subsequently found that the nursing home had wrongfully discharged Martinolich in retaliation for exercising his rights under Florida Worker's Compensation Law, section 440.25, Florida Statutes, (1995), and also in violation of Florida's Whistle Blower Act, section 448.102, Florida Statutes, (1995)....

...hearing the witnesses and making findings of fact. It is patent that the full Commission functions much in the same manner as does an appellate court, although it is quasi judicial rather than strictly so." This holding was based on the language of Section 440.25, F.S.A., which provides that the hearing on a compensation claim shall be conducted by a deputy commissioner....

...This disposition of the cause renders it unnecessary for us to determine at this time whether or not the award of the deputy was supported by competent substantial evidence. It is so ordered. THOMAS, C.J., and TERRELL, THORNAL and O'CONNELL, JJ., concur. NOTES [1] Section 440.25(4) (a), F.S.A., provides in pertinent part: "The compensation order rendered by the deputy commissioner shall become final twenty days after the date copies of same are mailed to the parties at the last known address of each, unless wi...

...Emergency Rule 38 FER 79-4 was adopted as a result of the sweeping amendments to Chapter 440 and it contains sixteen sections dealing with everything from "Original Reports to be Filed" to "Destruction of Obsolete Records." Section 3.10 drew its rule-making authority from Section 440.25(1), Ch....

...ida Workers' Compensation Rules of Procedure, were still in effect. Moreover, the amendments to Chapter 440, especially Section 440.19(2)(d), Ch. 79-40, Laws of Florida, are clear enough in themselves. Certainly, implementing rules are authorized by Section 440.25, and they will eventually be necessary for the day-to-day operation of the division, but the absence of said rules on the effective date of the amendments just as certainly did not constitute an "immediate danger to the public health,...

...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. RULE 7 APPLICATION FOR HEARING ON CLAIM 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 suff...

...or 23 shall be grounds for dismissal by the judge or the Commission upon motion of any party or by the judge or the Commission on their own motion. (b) Any order entered by a judge pursuant to this Rule shall be subject to appeal in accordance with § 440.25(4)(a), Florida Statutes, F.S.A., and Rule 22 of these Rules....

...§ 440.13(9)(c), Fla. Stat. (2013). Thus, subsection (9)(c) references both general disagreements between health care providers and specific disagreements. It then simply states that “[t]he opinion of the [EMA] is presumed to be correct.” Id. Section 440.25(4)(d), Florida Statutes (2013), provides in part: When there is a conflict in the medical evidence submitted at the hearing, the provisions of s....

...Rudicell, Tallahassee, for respondents. PER CURIAM. Petitioners in this cause are claimants in workers' compensation proceedings who filed claims for benefits and applications for hearing but whose hearings were not held within the 90 days prescribed by section 440.25(3)(a), Florida Statutes....

...Additionally, they named Honorable Robert Martinez, Governor of Florida, as a respondent and sought to enforce the terms of section 440.45(1). We issued a show cause order and after careful consideration of the issues presented, we deny the petition. Section 440.25(3)(a) (1985) provides in pertinent part: If a request for a hearing is filed, the deputy commissioner shall hold a hearing within 90 days after it is filed and shall give the claimant and other interested parties at least 15 days' noti...

...uired filing of a transcript within 45 days of filing an application for review). We find additional support for application of the rule announced in Schneider to this case in Scottie-Craft Boat Corp. v. Smith, 336 So.2d 1150 (Fla. 1976) (construing section 440.25(3)(b) which states that a deputy commissioner "shall" determine a dispute within 30 days of hearing); see also Ewing v....

...Within ten (10) days after service of a motion, any other party may serve a response to the motion with or without supporting documents. (d) Briefs and oral argument. Briefs and oral argument shall not be permitted unless ordered by the Commission. (e) Time. A motion shall, within the limitations of § 440.25(4)(a), Florida Statutes, and unless otherwise ordered, toll the time for the performance of a required act (other than the preparation and filing of the record on appeal) from the date of filing until the date an order is entered on the motion....

...th judicial approval of each such stipulation. Claimant did not file a motion to transfer venue from District "H" back to District "L," nor did he file a motion to modify or vacate the joint stipulations for change of venue. The E/C argue that under section 440.25(3)(b), Florida Statutes (1987), [3] the cause should proceed in District "H," Orange County....

...ntil entry of the order. Specifically, in this case the claimant has not sought to avoid the venue stipulations in any way other than to assert the force of the order of dismissal for lack of prosecution. Such assertion is insufficient. The statute, section 440.25, provides that venue may be agreed to by the parties, with the approval of the trial court....

...t a party who falls out of love with his earlier litigation strategy, as embodied in a joint stipulation, can avoid the effect of the stipulation through dismissal and refiling. The cases should proceed in District "H," pursuant to the stipulations. § 440.25(3)(b), Fla....

...Finding certiorari review to be warranted, we do not reach the issue of retroactivity, treated by Judge Ervin in his concurrence, infra. [2] Talisman Sugar Corp. v. Jaime, 498 So.2d 516 (Fla. 1st DCA 1986); Riley-Stoker v. Pearson, 508 So.2d 1297 (Fla. 1st DCA 1987). [3] Currently at § 440.25(3)(d), Fla....

...he Chief Commissioner, be the most convenient for hearing. Subsequent to the forwarding of the file to such county, the parties and the deputy commissioner may agree to transfer such file to a county that is deemed the most convenient for a hearing. § 440.25(3)(b), Fla....

...Absence of a cross appeal on this issue does not preclude appellee's reliance on the record in this respect to sustain the compensation award. I would affirm. NOTES [1] No question is raised with respect to any potential impact of the final sentence of § 440.25(3)(b), Fla....

...assee, Florida, an original and two copies of an Application for Review. The Application for Review was not received by the Industrial Relations Commission in Tallahassee, Florida, until December 10, 1976, a date beyond the time period prescribed by Section 440.25(4)(a), Florida Statutes (1975)....

...On a date prior to May 11, 1977, counsel for the employer/carrier ascertained that, in fact, the copy of the Application for Review directed to the office of the Judge of Industrial Claims had been received by that office on December 8, 1976, which constituted a timely and appropriate filing under Section 440.25(4)(a), Florida Statutes (1975)....

...We have had the benefit of neither a brief nor oral argument from counsel for the employer/carrier. However, counsel for the claimant/petitioner has both briefed and orally argued the cause in this Court. The Industrial Relations Commission derives its very existence and authority from the legislature. Sections 440.25 and 440.45, Florida Statutes (1975)....

...has become final. An order of the Commission becomes final upon expiration of thirty days from its rendition unless an interested party files a petition for writ of certiorari in this Court in accordance with Section 440.27, Florida Statutes (1975). Section 440.25(4)(e), Florida Statutes (1975); Florida Rules of Appellate Procedure 9.110(b)....

...1978), we hold that the deputy has the authority, within the period before the order becomes final, to correct errors arising from inadvertence, mistake, or excusable neglect, as in the case at issue. See, Acosta Roofing Co. v. Gillyard, 402 So.2d 1321 (Fla. 1st DCA 1981), in which this court found such authority in Section 440.25(4)(a), Florida Statutes....

...The employer/carrier had adequate opportunity, following the comments, to seek recusal of the deputy commissioner and request the assignment of another deputy. None was made. Nor did it attempt during the twenty-day period before the order became final to seek the error's correction. See § 440.25(4)(a), Fla....

...See Perlow v. Berg-Perlow, 875 So.2d 383 (Fla.2004); Cole Taylor Bank v. Shannon, 772 So.2d 546 (Fla. 1st DCA 2000); Jellison v. Dixie Southern Industrial, Inc., 857 So.2d 365, 367 n. 2 (Fla. 1st DCA 2003). The order must also be rendered in a timely manner. § 440.25(4)(d), Fla....

...efits without exposing himself to the imposition of attorney's fees in the event a claim is filed within two years after such termination." Petition for rehearing denied. THOMAS, C.J., and ROBERTS, DREW, THORNAL and O'CONNELL, JJ., concur. NOTES [1] Section 440.25, Florida Statutes, F.S.A. [2] St. Johns River Shipbuilding Co. v. Wells, 1945, 156 Fla. 67, 22 So.2d 632, at page 637. [3] Section 440.25(4) (a): "(4) (a) The compensation order rendered by the deputy commissioner shall become final twenty days after the date copies of same are mailed to the parties at the last known address of each, unless within said time any intereste...

...ounds so presented. A copy of all applications for review shall be served on all interested parties, and proof of service thereof shall accompany all applications when filed." Section 440.27(1): "(1) Orders of the full commission entered pursuant to § 440.25 shall be subject to review only by petition for writ of certiorari to the supreme court....

...Nothing in this rule shall be interpreted as precluding other original proceedings in the district court as provided in the Florida Rules of Appellate Procedure. Committee Notes 1979 Adoption. This replaces rule 14, 1977 W.C.R.P. It derives, in part, from section 440.25(4)(f), Florida Statutes (1979); and rules 9.040(g), 9.110(b), and 9.900, Florida Rules of Appellate Procedure (1979)....

...y final, and all equally appealable. This is not only necessitated by the nature of a workers' compensation case but also is required by the statute and the existing rules which allow claims and trials of only the matured issues. (See in this regard section 440.25, Florida Statutes, and existing Workers' Compensation Rule of Procedure 7.) This of course is different from other sorts of personal injury litigation in which the matter is tried at one time, and all issues are presented....

...Thus, the appellants properly complain of a lack of adequate notice regarding this issue, thereby resulting in a denial of their rights to due process. Additionally, the Deputy had no statutory authority to sua sponte order that the claimant be examined at a pain clinic with the costs to be borne by the appellants. Section 440.25(3)(b), Fla. Stat., is inapplicable, since there was no conflict in the medical evidence. Section 440.25(6), Fla....

...Outside of this provision, the Order makes certain other findings, but does not mandate the rights and responsibilities of the parties in light of those findings. Therefore, the Order is defective. See Dade Paper Co. v. Farrell, IRC Order 2-3703 (Feb. 19, 1979). See also § 440.25(3)(c), Fla....

...12, 1979); 1980 Fla.L.W. 163 (Fla. 1st DCA Dec. 13, 1979) (order); 1980 Fla.L.W. 209 (Fla. 1st DCA Jan. 23, 1980) (memorandum of R. Smith, J.). [5] Dade County (which is in the eleventh judicial circuit) is in the Third Appellate District. § 35.04, Fla. Stat. [6] § 440.25(3)(b), Fla....

...The death of the employee. Claimant filed a petition for benefits on July 14, 1994, in which he contended that he was now entitled to permanent impairment benefits. On the same date, claimant filed a motion for emergency conference and relief pursuant to section 440.25(4), Florida Statutes (1994)....

...e deputy commissioner's order "... shall set forth findings of fact, conclusions of law, and the deputy's determination of the claim or other rulings." Westberry v. Copeland Sausage Company, 389 So.2d 1214, 1215 (Fla. 1st DCA 1980); Fla.W.C.R.P. 14; § 440.25(3)(c), Fla....

...(b), Florida Statutes (1979). Under this statutory standard, no particular degree of impairment is required, and entitlement to wage-loss benefits is clearly not dependent on a specific impairment rating. The permanent impairment rating provision of § 440.25(3)(b), Florida Statutes (1979), [2] for impairment awards is therefore not directed to the evidentiary predicate necessary to establish a claimant's entitlement to wage-loss benefits for permanent partial impairment....

...Lewis, 418 So.2d 296, 297 (Fla. 2d DCA 1982) ("An acceptance clause specifically limits the authority of an agent and reduces an agreement to the status of an unaccepted offer. . . . Only when the agent's principal accepts the offer does a contract arise."). Section 440.25(3)(b), Florida Statutes (2006), provides, in part: "In the event both parties agree, the results of the mediation conference shall be binding and neither party shall have a right to appeal the results." The mediation report expressly provided that both parties had not yet agreed....

...Analysis This court has jurisdiction to review by appeal two types of workers’ compensation orders: (1) final orders and (2) certain non-final orders adjudicating jurisdiction, venue, or compensability. § 440.25(5)(a), Fla....

..., and in concluding that her job duties did not require any lateral wrist movement and therefore did not cause her wrist and hand injuries. Additionally, claimant contends that the final order, which was entered after the 30-day period prescribed in Section 440.25(3)(d), Florida Statutes (1989), was stale, and that the JCC erred in denying her claim for costs, penalties, interest, and attorney's fees....

...nd authorization for heat, massage, and ultrasound three times per week. No allegation was contained in the petition claiming the existence of a medical emergency that would have enabled the judge to require the appearance of the parties pursuant to section 440.25(4)(h), Florida Statutes (Supp.1994)....

...loss benefits through the February 9, 1983, date of hearing was improper. Finally, the claimant asserts that the order should be reversed on the grounds that the order was entered more than thirty days after the hearing contrary to the provisions of Section 440.25(3)(b), Florida Statutes (1981)....

...t forth in his order proper findings of ultimate facts precludes intelligent judicial review. We agree. Accordingly, the deputy's order is reversed and this cause remanded to the deputy to make findings of facts and conclusions of law in accord with section 440.25(3)(c), Florida Statutes (1983)....

...Claimant, Robert Johnson, seeks review of the Judge of Compensation Claims' Order Denying Sworn Motion to Vacate Order Dated November 13, 2002, wherein the JCC found that he lacked jurisdiction to vacate his previous order, which had become final by operation of section 440.25, Florida Statutes....

...unsel's current office address. However, the JCC concluded that, as an administrative body possessing quasi-judicial power and not a court, he had "no statutory or procedural authority to vacate and/or amend orders which became final by operation of section 440.25, Florida Statutes." Claimant timely filed a notice of appeal....

...in clerical errors and errors arising from mistake or inadvertence") (citations omitted). The JCC is correct that, generally, "a JCC's authority to vacate and amend orders is expressly limited to those orders `which are not yet final by operation of section 440.25....

...has "inherent" power to correct its own errors in its orders. See Taylor, 520 So.2d at 560 (citations omitted). The E/C's argument that Taylor is distinguishable on the grounds that no error was made in the instant case is not persuasive in light of section 440.25(4)(e), Florida Statutes (1997), which provides: The order making an award or rejecting the claim, referred to in this chapter as a "compensation order," shall set forth the findings of ultimate facts and the mandate; and the order need not include any other reason or justification for such mandate....

...peared in the case."). For the same reason discussed above, the E/C's reliance on Ford v. Public Employees Relations Commission, 717 So.2d 149, 150 (Fla. 5th DCA 1998), is misplaced because that argument does not take into account the requirement of section 440.25(4)(e) that the order be sent to a claimant's attorney of record....

...the lower tribunal by motion seeking to set aside the original order and requesting that a new appealable order be entered.") (citations omitted). Accordingly, the JCC erred in finding that he lacked jurisdiction to vacate and reenter the order. See § 440.25(4)(e), Fla....

...NOTES [1] "Procedures with respect to appeals from orders of judges of compensation claims shall be governed by rules adopted by the Supreme Court. Such an order shall become final 30 days after mailing of copies of such order to the parties, unless appealed pursuant to such rules." § 440.25(5)(a), Fla....

...y the Employee to his helper. The authority to construe contracts has been repeatedly recognized under the statutory language vesting in the judge (now deputy) "full power and authority to hear and determine all questions in respect to such claims." § 440.25(1), Florida Statutes....

...1974). The award of temporary total disability benefits in the present case was improper as claimant acknowledged she was earning some income babysitting in her home. We note that claimant is now deceased due to an unrelated medical problem. However, Section 440.25(5), Florida Statutes provides that an award of compensation for disability may be made after the death of an injured employee....

...ensation proceedings are squarely predicated on the fact that in the determination of compensation claims the law itself makes the deputy the trier of facts and charges him with the duty of deciding the issues and entering an order accordingly. F.S. § 440.25, F.S.A....

...We find also that the statutory provision for review of the Commission's orders relates only to "compensation orders," providing specifically for certiorari proceedings in the district courts of appeal to review "orders of the full commission entered pursuant to § 440.25." F.S....

...ed in the proceeding. Florida Workers' Compensation Rules of Procedure (temporary 1979), Rule 14, provides: The order of the deputy shall set forth findings of fact, conclusions of law and the deputy's determination of the claim or other ruling. See Section 440.25(3)(c), Florida Statutes (1977)....

...treating physician over the opinion of the IME physician. We reverse both orders, because the record demonstrates that the JCC misconstrued section 440.13(9) and misinterpreted the interplay between that provision and the time limit requirements of section 440.25, Florida Statutes (2002)....

...ct in the opinions of the treating physician and the IME physician, and that the JCC was therefore required to grant the request, notwithstanding that *941 this would have necessitated continuing the scheduled merits hearing. The time limitations of section 440.25 are directory, not mandatory....

...failures. However, as a matter of law, a Judge of Industrial Claims has authority to dismiss a claim or petition of a claimant when he does not submit to a statutorily required medical examination and does not appear for a scheduled deposition. F.S. section 440.25(6), F.S.A., provides a claimant may be required to submit to a medical examination by a doctor of the employer's choice....

...e a rheumatological evaluation and necessary treatment, suggesting that this would be in claimant's best interest as his physical abnormalities may have rheumatological origins. An additional medical evaluation may be ordered by a deputy pursuant to section 440.25(3)(b), Florida Statutes, in cases involving a conflict in the medical evidence....

...imant did perform a job search of sorts during these four months, and since the employer/carrier have not impeached that evidence, Irving v. City of Daytona Beach, 472 So.2d 810 (Fla. 1st DCA 1985), the deputy's conclusion *1209 should be explained. Section 440.25(3)(c), Florida Statutes....

...ROBERTS, Justice. We have for review by petition for writ of certiorari an order of the Industrial Relations Commission reversing the order of the Judge of Industrial Claims on the sole basis that it was not entered within the thirty-day period specified in Section 440.25(3)(b), Florida Statutes....

...rial de novo as required on the basis of its earlier decision — Scottie-Craft v. Smith, Fla., 336 So.2d 1150, here under review as well. Once again the Industrial Relations Commission expressed its understanding that the language of Florida Statute 440.25(3)(b) is mandatory — the Judge of Industrial Claims shall enter his order before expiration of 30 days from the date of last hearing....

...h the Commission, and a review of the parties' contentions, including the discretionary "staleness" issue arising from the delay between final hearing and order, can be promptly made. OVERTON, C.J., and ADKINS, J., concur. NOTES [1] At which time, F.S. 440.25(3)(b) read in pertinent part: "......

...While the E/C can point to no specific statutory provision conferring this authority upon the JCC, they nevertheless argue that the requisite jurisdictional authority can be implied from several statutory provisions as follows: sections 440.30; 440.33(1); 440.25(4)(h); 440.13(4)(c); and 440.13(5)(a), Florida Statutes (1994 Supp.)....

...1st DCA 1995): "The Request for Assistance is a procedure by which the claimant may seek to obtain benefits for his injury without litigation and the involvement of attorneys. The Request for Assistance was created to help avoid the filing of claims and the commencement of litigation." Section 440.25 contains detailed provisions for mediation and final hearings after the filing of a petition for benefits....

...[2] Under the new IME statute, the E/C's right to schedule an IME before a petition for benefits is filed is not dependent upon the employee being represented by an attorney. Further, under section 440.13(5)(f) attorney's fees incurred by the employee in opposing an IME are not recoverable. [3] We note that under section 440.25(1), Florida Statutes (1994), the JCC or the division may order an injured employee "claiming or entitled to compensation" to submit to physical examination by a certified medical advisor....

...ntary Dismissal, “reserving any claim for attorney’s fees and costs relating thereto.” In both cases, the outstanding claims for fees and costs were not thereafter resolved, and were not dismissed for lack of prosecution under the authority of section 440.25(4)(i), Florida Statutes....

...The immediate question that is before us, therefore, is the effect of an order of a deputy commissioner which is reversed with a subsequent conjunctive finding on the part of the full commission allowing a claim for permanent partial disability compensation not in excess of 30 per cent of the body as a whole. Section 440.25(4) (d), Florida Statutes, F.S.A., a part of the Workmen's Compensation Act of the State of Florida, defines the activity of the full commission in these matters as follows: "(d) Unless the application for review is withdrawn with its p...

...In the first instance the order of the deputy commissioner is reversed. There *450 is no ambiguity in that regard as a reversal is a finality. The additional verbage subsequent to the reversal constitutes a mere brutum fulmen authorized neither by the direct mandate of § 440.25(4) (d) nor by any implication arising out of the theory of statutory construction....

...In a case like this, where the chief issue is the credibility of the claimant, we feel that the delay was excessive. We therefore reverse the order below and remand for a de novo hearing. In doing so we are aware of the cases in which our Supreme Court has held the 30 *1245 day period of Florida Statutes § 440.25(3)(b) to be directory only....

...ements of law. We find nothing in the statute to require the claimant to begin the administrative process anew simply because he makes a request for an IME. Nor is there any explicit language in *301 section 440.191 which would make it applicable to section 440.25 proceedings for mediation and hearings before the JCC....

...recommendations and clarified that he had recommended Claimant undergo lumbosacral fusion on three different occasions. The Employer/Carrier filed a motion for sanctions based on Claimant's violation of the mediation confidentiality requirements of section 440.25(3), Florida Statutes (2004)....

...explain the basis for the sanction *1252 imposed."). Additionally, "dismissal is inappropriate when the moving party is unable to demonstrate meaningful prejudice." Hanna, 636 So.2d at 777 (citations omitted). In the instant case, Claimant violated section 440.25(3), Florida Statutes (2004), which provides, in pertinent part, "Each party to a mediation conference has a privilege during and after the conference to refuse to disclose and to prevent another from disclosing communications made duri...

...in the same or other employment the wages which [he] was receiving at the time of the injury." Ball v. Mann, 75 So.2d 758, 760 (Fla. 1954). See also Southern Bell Tel. & Tel. Co. v. Bell, 116 So.2d 617, 621 (Fla. 1959). In making this determination, § 440.25(3)(c), Fla....

...On appeal from an order of the Judge of Compensation Claims. Thomas W. Sculco, Judge. Dates of Accidents: June 9, 2011; January 6, 2013. April 30, 2018 M.K. THOMAS, J. In this workers’ compensation case, we address the interplay between section 440.25(4)(i), Florida Statutes (2011), permitting motions to dismiss for lack of prosecution, and section 440.19, Florida Statutes (2011), the statute of limitations (“SOL”) provision....

...The last provision of benefits to Moise for the 2011 date of accident was on April 14, 2014, while the last provision of benefits for the 2013 injury was on November 22, 2013. On August 19, 2016, Disney filed a motion to dismiss the 2013 and 2014 petitions in accordance with section 440.25(4)(i), asserting a lack of prosecution....

...Accordingly, the JCC seemingly focused upon Moise’s intent in the filing of the 2016 PFBs. For clarification, Akers should not be misconstrued to require a JCC to determine the intentions for or the merits of a PFB filed subsequent to a motion to dismiss under section 440.25(4)(i)....

...Limith appealed the denial of the medical claim, and the E/C cross-appealed both the ruling on their SOL defense and the interlocutory order denying the motion to dismiss the prior fee claim for lack of prosecution. Id. 1 In Limith, this Court reasoned: Although section 440.25(4)(i) states that a JCC “may” dismiss a petition for lack of prosecution, that decision is not necessarily discretionary....

...3d DCA 1982) (“[T]he permissive word “may” will be deemed to be obligatory ‘[w]here a statute directs the doing of a thing for the sake of justice....’”). The word “may” must also be considered in context with the rest of section 440.25(4)(i) referencing “good cause shown”; specifically, section 440.25(4)(i) provides a JCC may dismiss a PFB “unless good cause is shown.” Because the Legislature provided a standard of “good cause shown,” it was incumbent upon the JCC here, in the exercise of sound judicial discretion, to apply the standard....

...Passacantilli, 259 So. 2d 1 (Fla. 1972). However, this Court has historically recognized the similarity of purpose between Rule 11(b), Florida Workers’ Compensation Rules of Procedure (allowing motions to dismiss for lack of prosecution and later codified in section 440.25(4)(i), Florida Statutes) and Rule 1.420(e). See Kinsey v....

...Rule 60Q-6.124(4), allows a motion “by any party” to initiate resolution of disputed attorney’s fees and costs. The common thread of these statutory 5  As illustrated by the facts of this case, the interaction of sections 440.19 and 440.25(4)(i) can prompt a “race to the courthouse” when a pending claim originally brought by PFB (whether for attorney’s fees and costs or otherwise) acts to toll the statute of limitations and no record activity has occurred for over a year. However, any burden resulting from the one-year window imposed by section 440.25(4)(i) is generally avoidable, given that dismissal for lack of prosecution is possible only where there has been no record activity 3 and there exists no good cause for the lack of activity – a contingency within the claimant’s control....

...Of note, in 2006, Rule 1.420(e) was amended to allow a 60-day grace period to cure record inactivity after service of the required notice of intent to file a motion to dismiss for lack of prosecution. However, the Legislature did not include a similar notice requirement or grace period in section 440.25(4)(i), its workers’ compensation counterpart. 3 Pursuant to section 440.25(4)(i), the filing of a “petition, response, motion, order, request for hearing, or notice of deposition” constitutes record activity. 6 William H....

...order, or at any time prior to two years after the date copies of an order rejecting a claim are mailed to the parties at the last known address of each, review a compensation case in accordance with the procedure prescribed in respect of claims in § 440.25 and in accordance with such section, issue a new compensation order which may terminate, continue, reinstate, increase, or decrease such compensation, or award compensation....

...and (2) relied on improper bolstering. It therefore provided no legally sufficient evidentiary basis for the JCC’s ruling in favor of Claimant, and required judgment for the E/C. Punsky, 18 So. 3d at 584. 5 An EMA opinion is admissible as provided in § 440.25(4)(d), Fla....

...We agree and reverse. In order to satisfy the requirements of Chapter 440 Florida Statutes and of due process, the record must affirmatively demonstrate that notice of a hearing was given to the employer. Luzak Food Corp. v. Dovel, IRC Order 2-3035 (1976). Section 440.25(3)(a) Florida Statutes (1977) requires that the Judge of Industrial Claims give this notice....

...The only record indication that Reyes received any notice at all is the statement by claimant's attorney that notice of the hearing was included with other documents sent to Reyes. We are aware that personal notice is no longer required, compare sections 440.25(3)(a) Florida Statutes (1974) and 440.25(3)(a) Florida Statutes (1977), and under certain circumstances actual notice may be sufficient....

...79-40 and 79-312, Laws of Fla. Among other matters, the legislature authorized the Court to promulgate procedural rules relating to practice before deputy commissioners (section 440.29(3)) and to appeals from deputy commissioners to the First District Court of Appeal (section 440.25(d))....

...This replaces Rule 2(h), 1977 W.C.R.P., which merely provided *983 "`Service' shall be as provided in the Florida Rules of Civil Procedure." Subsection (c) replaces Rule 3(b), W.C.R.P. 1977. The caveat to the filing of appellate proceedings is to warn of the jurisdictional nature of § 440.25(4)(f), Fla....

...efit which is due but has not been paid or is not being provided. Any claim, or portion thereof, not in compliance with this subsection shall be subject to dismissal upon motion of any interested party, the division, or the deputy commissioners. Cf. § 440.25(1) Fla....

...not represented by counsel. Failure to serve a copy of the application as required shall be grounds for a continuance or cancellation of the hearing. COMMENT RULE 7. 1979 REVISION. This replaces Rule 7, 1977 W.C.R.P. It is derived substantially from § 440.25(3)(a), Fla....

...any other reason or justification for such mandate. The order shall be signed by the deputy and shall include a certificate of mailing thereon. COMMENT RULE 8. 1979 REVISION. This replaces Rule 8, 1977 W.C.R.P. It, too, is derived substantially from § 440.25(3)(a), Fla....

...RULE 14. ORDER OF THE DEPUTY The order of the deputy shall set forth findings of fact, conclusions of law and the deputy's determination of the claim or other ruling. COMMENT RULE 14. 1979 REVISION. This replaces Rule 8(b), 1977 W.C.R.P. It derives from § 440.25(3)(c), Fla....

...A copy of notices of appeal and cross-appeal shall be served on all interested parties and proof of service thereof shall accompany such notices when filed. COMMENT RULE 16. 1979 REVISION. This replaces Rule 14, 1977 W.C.R.P. It derives, in part, from § 440.25(4)(f), Fla....

...Failure to file a required bond or to comply with objections contained in a notice of disapproval within the time allowed shall be grounds for dismissal of the appeal. COMMENT RULE 17. 1979 REVISION. This replaces Rule 15, 1977 W.C.R.P. § 440.27(2) and § 440.25(4)(a), Fla....

...ining that Claimant had looked for another attorney without success. It is clear from the discussion on the record that the JCC’s primary concern regarding any continuance was meeting the time requirements set forth in the procedural provisions of section 440.25, Florida Statutes (2012). Subsection 440.25(4)(d) requires that the final hearing be held within 210 days from the filing of the PFB....

...In light of findings in the final compensation order, as well as the record transcript, it would be difficult to rule out that the JCC relied heavily, if not exclusively, on the statutory time-frames in making his ruling on the request for a continuance. The timeframes established in section 440.25, however, are neither inflexible nor inviolable. Subsection 440.25(4)(d) specifically grants a claimant the power to “waive the timeframes within ... section [440.25] for good cause shown.” There is nothing in the record or final compensation order to suggest that the JCC recognized or considered that the timeframes — far from being invariables in the analysis — were subject to waiver by Claimant upon ‘'good cause shown.” Even assuming that the JCC’s determination was not based on an inflexible application of the time requirements of section 440.25, we would still be compelled to reverse the denial of a continuance in this case. Subsection 440.25(4)(b) specifically provides that “continuances [of final hearings] may be granted only if the requesting party demonstrates to the judge of compensation claims that the reason for requesting the continuance arises from circumstances...

...rule of law upon remand, it is arguably unnecessary to determine whether the denial of a continuance appealed in this case also constituted an abuse of discretion. On the other hand, it should be noted that the actual grant of a continuance under subsection 440.25(4)(d) is still discretionary upon application of the correct rule of law....

...1st DCA 2009) Our review of the final compensation order here fails to reveal the type of case-specific determination identified in Burgess as necessary to show no abuse of discretion in the denial of a motion to continue. Finally, Claimant challenges as unconstitutional any interpretation of section 440.25 which holds that the statutory time-frames operate as inflexible restrictions on a request for a continuance....

Workmen's Compensation Act), Paragraph (4), Section 440.25, Florida Statutes, 1941. The notice of appeal

...by the division establishing standards for eligibility and types, duration, and cost of training and educational programs to be made available. All hearings arising under this subsection shall be conducted by judges of industrial claims pursuant to § 440.25....

...es several things. First, it creates rule-making authority and requires that the division's rules must be followed in granting training and education benefits. Second, it requires that all hearings under subsection 440.49(1) be conducted pursuant to Section 440.25, Florida Statutes (1975), which in general sets the procedure with respect to all claims for compensation....

...th such treatment as may be required by the injury sustained from the accident for which that particular carrier was responsible. Absent a timely appeal, this award of future medicals became final twenty days after copies were mailed to the parties. Section 440.25(4)(a), Florida Statutes (1975)....

...7 attendance at an FCE, or to whether the JCC has the jurisdictional power to compel such attendance, or to whether such an FCE is “medically necessary.” Arguably, the FCE is equivalent to an IME in this case. Section 440.25(6), Florida Statutes (1987), provides that “[a]n injured employee claiming or entitled to compensation shall submit to such physical examination by a duly qualified physician designated or approved by the deputy commissioner[4] or...

...issue. If the deputy's ruling upon that issue was unintended by the parties, or was otherwise inadvertent, that oversight might and should have been brought to the deputy's attention within 30 days after the order was mailed, before it became final. § 440.25(4)(a), Fla....

...at 341 (emphasis added). Although the EMA procedure did not exist before the 1994 statutory amendments, "tie-breaker" provisions similar to the EMA procedure have long existed in chapter 440. The statute in effect on the date of Claimant's accident, section 440.25(3)(b), Florida Statutes (1981), [1] provided in part: When there is a conflict in the medical evidence submitted at the hearing, the deputy commissioner may designate a disinterested doctor to submit a report or to testify in the proce...

...n chosen by claimant); see also Berry Corp. v. Smith, 576 So.2d 1366, 1367 (Fla. 1st DCA 1991) (holding JCC may order IME pursuant to section 440.29(1), Florida Statutes (1987), but JCC may not require E/C to pay for examination unless, as stated in section 440.25(3)(b), Florida Statutes (1987), there is conflict in medical evidence). Eventually, the "tie-breaker" provision in section 440.25(3)(b) became the EMA provision codified at section 440.13(9), Florida Statutes (Supp....

...e the order in case no. 88-1500 and grant the claimant's petition for attorney fees remanding the case to the JCC to determine the amount of such attorney fees. Furthermore, finding that the employer failed to comply with the mandatory provisions in section 440.25(4)(c), Florida Statutes (1987), we dismiss sua sponte the employer's notice of appeal in case no....

...I respectively dissent and would affirm the order because I do not find, on this record, any need for remand to the judge of compensation claims (JCC) for further findings. The right of an appellate court to reverse and remand a compensation order so that it may be clarified is derived from section 440.25(3)(e), Florida Statutes (1989), providing in part: The order making an award or rejecting the claim, referred to in this chapter as a "compensation order," shall set forth the findings of ultimate facts and the mandate; and the order need not include any *198 other reason or justification for such mandate....

...Because there is clearly CSE to support the JCC's findings, I would simply affirm the order. NOTES [1] In fact, Dr. Bloome continually referred to the fact that the epidemiological studies showed a high correlation between trauma and later onset of ALS. [1] Then section 440.25(3)(c), Florida Statutes....

...sure a just result. The Commission possesses inherent authority to direct its finders of fact to meet the issues presented in each claim with answers as fully developed in fact as its quasi-judicial supervisory function and judicial economy require. Section 440.25(4)(d), Florida Statutes (Supp....

...court on behalf of the Fund for the purpose of reviewing its own order relative thereto. Also, the Commission, by virtue of F.S. § 440.27(1), F.S.A., is made a party respondent in certiorari proceedings to review its orders entered pursuant to F.S. § 440.25, F.S.A., and, therefore, cannot be the petitioner in such proceedings....

...We will treat the claim as properly filed, even though it was completed and mailed before the claimant's disability began. However, if purely technical requirements are considered, a claim is not "filed" until it reaches the division. Sections 440.19, 440.25, Florida Statutes (1981); Rule 2(g), Florida Workers' Compensation Rules of Procedure. Claimant's attorney testified that the claim was "filed" on September 7, 1979, and we find no other evidence of the filing date in the record. Thus, we must consider the claim as timely filed under Section 440.25(1)....

...Edward Schroll, Miami, for Appellee. PER CURIAM. The Employer/Carrier (E/C) appeals the Judge of Compensation Claims' (JCC) award of medical and indemnity benefits. Because the order contains no ultimate findings of fact or conclusions of law, we reverse. Section 440.25(4)(e), Florida Statutes, requires the JCC only to "set forth the findings of ultimate facts and the mandate; and the order need not include any other reason or justification for such mandate." It is necessary, however, for the JCC to make sufficient findings of ultimate *1194 facts to permit appellate review....

...The E/C argues further that had the pending claim been dismissed, the limitations period would have run, barring the instant claim (for a follow-up visit) which was asserted by PFB filed October 16, 2013—after the order denying the E/C’s motion to dismiss for lack of prosecution. We agree; section 440.25(4)(i), Florida Statutes, the authority for motions to dismiss, applies to pending fee claims asserted by PFB....

...entitlement), there is no authority for finding, as Claimant would have us do, that a 2 reservation of jurisdiction in this manner means that the claim is no longer brought via a PFB and, therefore, not subject to dismissal under section 440.25(4)(i). Claimant cannot have it both ways – having the claim for attorney’s fees and costs toll the statute of limitations because it was brought by way of a PFB, and also having the claim not subject to dismissal for lack of prosecution because it is not a PFB. Although section 440.25(4)(i) states that a JCC “may” dismiss a petition for lack of prosecution, that decision is not necessarily discretionary....

...2d 109, 111 (Fla. 3d DCA 1982) (“[T]he permissive word “may” will be deemed to be obligatory ‘[w]here a statute directs the doing of a thing for the sake of justice. . . .’”). The word “may” must also be considered in context with the rest of section 440.25(4)(i) referencing “good cause shown”; specifically, section 440.25(4)(i) provides a JCC may dismiss a PFB “unless good cause is shown.” Because the Legislature provided a standard of “good cause shown,” it was incumbent upon the JCC here, in the exercise of sound judicial discretion, to apply the standard....

...George Kagan of Miller, Kagan, Rodriguez & Silver, P.L., West Palm Beach, for Appellees. PER CURIAM. In this workers' compensation appeal, Appellant argues the Judge of Compensation Claims (JCC) erred by dismissing, with prejudice, his attorney's fee claim for lack of prosecution pursuant to section 440.25(4)(i), Florida Statutes (2008)....

...e to prosecute. On October 3, 2008, Appellant filed a verified fee petition and affidavit seeking fees from Appellees pursuant to the 1996 stipulation. After a hearing, the JCC found that she had the authority to dismiss the fee petition pursuant to section 440.25(4)(i), Florida Statutes, because the last record activity in the claim was the October 9, 1996, order approving the joint stipulation and Appellant did nothing to prosecute the claim until after Appellees filed their motion to dismiss in 2008....

...1st DCA 1985), and Regal Wood Products v. Mendez, 432 So.2d 141 (Fla. 1st DCA 1983), as authority for dismissing the fee petition. Based on the foregoing, the JCC dismissed Appellant's fee petition with prejudice. First, the JCC erred in relying on section 440.25(4)(i) to dismiss the petition with prejudice. Section 440.25(4)(i), Florida Statutes, provides: *672 A judge of compensation claims may ......

...See Callahan, 470 So.2d at 819; Mendez, 432 So.2d at 141. However, this rule, along with all workers' compensation procedural rules adopted by the Florida Supreme Court, was repealed in 2004, see Amendments to Fla. R. Workers Comp. P., 891 So.2d 474, 479 (Fla.2004), and it was effectively replaced by section 440.25(4)(i)....

...This statute allows for dismissing a "petition" for lack of prosecution, whereas former rule 11(b) allowed for dismissing "[a]ny claim, or any petition to modify. " (emphasis added). Due to this change in the law and the fact that the parties' 1996 stipulation did not constitute a petition for purposes of section 440.25(4)(i), the holdings of Callahan and Mendez do not control the outcome of this case and the JCC erred in relying on those cases as authority to dismiss the petition for fees....

...Green, III, of Blanchard, Merriam, Adel & Kirkland, P.A., Ocala, for Appellant. Victor J. Musleh, Jr., of Victor J. Musleh, Jr., P.A., Ocala, for Appellee Shirley Stockford. ON MOTION TO DISMISS PER CURIAM. Appellee's motion to dismiss is GRANTED and this appeal is hereby DISMISSED. See § 440.25(5)(c), Fla....

...1st DCA 1981) (holding a JCC should have abated his order where the E/C moved to abate based on inadequate notice of hearing). *573 Jurisdiction The second issue raised is whether JCC Harnage was correct in determining he had jurisdiction to vacate his final order under section 440.25(5)(a), Florida Statutes (2007), and Rule 60Q-6.122(5) of the Florida Administrative Code. Section 440.25(5)(a), Florida Statutes, provides that a JCC's order becomes final 30 days after mailing of such order to the parties....

...Rule 60Q-6.122(5) provides that a JCC may, on his or her own initiative, vacate or amend an order which is not yet final to correct clerical or technical errors, or where due consideration of a motion for rehearing cannot be made before the order becomes final. Because JCC Harnage's order was not final under section 440.25(5)(a), Florida Statutes, and because JCCs have inherent authority to modify their non-final orders for technical errors under Rule 60Q-6.122(5), JCC Harnage had jurisdiction to vacate his final order....

permitted in workers’ compensation actions, see § 440.25, Fla. Stat. (1997) (procedures for mediation and

...e of compensation claims (JCC) erred on three grounds. First, the E/C argue the JCC erred in holding Claimant's claim for psychiatric treatment was not barred by res judicata. The remaining two grounds challenge the JCC's determination that sections 440.25(4)(d) and 440.192(9), Florida Statutes, are substantive rather than procedural....

...The 2004 PFB for psychiatric care had previously been scheduled for mediation to take place after the April 2005 final hearing. At a subsequent final hearing on the claim for psychiatric care, the E/C argued the claim was barred on grounds of res judicata and application of section 440.25(4)(d), Florida Statutes....

...Additionally, relying on Honeycutt v. R.G. Butlers Dairy, 525 So.2d 984 (Fla. 1st DCA 1988), the JCC found that, because the E/C had *904 knowledge of the claim for psychiatric care, it was barred from asserting res judicata. Finally, the JCC found section 440.25(4)(d), Florida Statutes, was substantive and did not apply to the PFB filed in September 2004....

..."[S]ubstantive law prescribes duties and *905 rights and procedural law concerns the means and methods to apply and enforce those duties and rights." Alamo Rent-A-Car, Inc. v. Mancusi, 632 So.2d 1352, 1358 (Fla.1994). At issue here is the addition of the following language at the end of section 440.25(4)(d), Florida Statutes: "Any benefit due but not raised at the final hearing which was ripe, due, or owing at the time of the final hearing is waived." The JCC concluded the additional statutory language was substantiative because "by...

...ion pursuant to any compensation order, or at any time prior to 2 years after the date copies of an order rejecting a claim are mailed to the parties ..., review a compensation case in accordance with the procedure prescribed in respect of claims in § 440.25 and, in accordance with such section, issue a new compensation order which may terminate, continue, reinstate, increase, or decrease such compensation or award compensation....

...Smith, 576 So.2d 1366 (Fla. 1st DCA 1991). A JCC may order an IME to assist the JCC in ascertaining the rights of the parties. Id. at 1368. However, if there is no conflicting medical evidence at hearing, the JCC may not order the E/C to pay the cost of an IME. § 440.25(3)(d), Fla....

...Thus, it was error for the JCC to order the E/C to pay for it. Accordingly, we reverse and remand for the JCC to provide an adequate reason for rejecting Dr. McKinnon's testimony. We affirm the order of IME, but reverse the E/C's responsibility for the cost pursuant to section 440.25(3)(d); Berry, supra ....

...claims], rather than a[n] ... appellate tribunal ..., should have the responsibility and authority for resolving conflicting factual claims." *124 Chicken `N' Things v. Murray, 329 So.2d 302, 306 (Fla. 1976). I cannot agree with the suggestion that section 440.25(3)(d), Florida Statutes (1991) authorizes the judge of compensation claims to require anybody other than a party against whom costs are assessed to pay for the services of a "disinterested doctor" designated by the judge of compensation claims under that subsection....

...In the meantime claimant is delayed payment of his compensation because of this dispute between the two carriers. This is hardly the administrative expedition of workmen's compensation claims that the statute mandates the Commission to provide. We conclude there is no violation of F.S. Section 440.25(c), F.S.A....

...Jean Laws Scott of Law Office of Jean Laws Scott, PLLC, Stuart, for Appellant. Kenneth B. Schwartz of Kenneth B. Schwartz, P.A., West Palm Beach, for Appellee Darlene Richmond. ON MOTION TO DISMISS PER CURIAM. Appellee Darlene Richmond's motion to dismiss is GRANTED and this appeal is hereby DISMISSED. See § 440.25(5)(c), Fla....

...In fact, the rule is couched in permissive terms. Even if its provisions explicitly required the motion to be made no later than ten days, I consider the rule would exceed the powers expressly or implicitly conferred on the Department of Administrative Hearings (DOAH) by section 440.25(5)(a), Florida Statutes, providing that compensation orders shall become final within 30 days after mailing the copies of the order to the parties....

...period provided in rule 60Q-6.119 for moving to vacate an abbreviated final order. Instead, I consider the rule was designed to impose a jurisdictional time bar on one who did not move for a vacation of the order within the 30-day period provided in section 440.25(5)(a), a purpose which was consistent with pertinent provisions of the former Rules of Workers' Compensation Procedure....

...Either party may request separate findings of fact and conclusions of law within 10 days from the entry of the abbreviated final order. Upon receipt of a timely motion, the presiding judge shall vacate the abbreviated final order and, within 30 days thereof, enter an order in compliance with section 440.25(4)(e), Florida Statutes, [4] and rule 4.115(a). [5] No hearing on the motion shall be required. Abbreviated final orders under section 440.25(4)(d), Florida Statutes, shall be enforceable under section 440.24, Florida Statutes....

...authority to vacate an abbreviated final order only upon receipt of a timely motion, such provision should be read in pari materia with rule 4.115(c)(1), authorizing a JCC "at his or her own discretion" to vacate any order "not yet final pursuant to section 440.25, Florida Statutes." That a JCC retained jurisdiction to vacate a compensation order not yet final was made evident from the 1996 Committee Note to subsection (b), pertaining to abbreviated final orders, explaining: Subdivision (b) codi...

...ation order, including an abbreviated order, as long as the time for the judge's exercise of discretion does not exceed the time in which the *74 order by operation of law became final, i.e., 30 days after mailing copies of the order to the parties. § 440.25(5)(a)....

...While a court has express authority to "relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding," see Fla.R.Civ.P. 1.540, a JCC's authority to vacate and amend orders is expressly limited to those orders which are "not yet final by operation of section 440.25." [6] If the majority's decision is correct, a party who fails to file a timely request for separate findings of fact and conclusions of law must be deemed to have forfeited his or her right to appeal an order denying a motion to vacate, or to appeal from an abbreviated order filed within 30 days of its rendition....

...ND CONCLUSIONS OF LAW, DOES THE JCC RETAIN JURISDICTION TO CONSIDER THE MERITS OF THE REQUEST, AND, IF SO, IS A NOTICE OF APPEAL, FILED WITHIN 30 DAYS OF SUCH ORDER, TIMELY FILED IN ACCORDANCE WITH THE FLORIDA RULES OF APPELLATE PROCEDURE? NOTES [1] Section 440.25(4)(d), Florida Statutes (2005), relating to mediation proceedings, permits a JCC to "enter an abbreviated final order in cases in which compensability is not disputed." [2] Rule 60Q-6.119 provides: "In cases in which compensability is...

...of fact and conclusions of law is timely filed, review by appeal of an abbreviated final order shall 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. [4] Section 440.25(4)(e) requires, among other things, that the order contain "findings of ultimate facts." [5] Rule 4.115(a)(1) similarly required the compensation order to "set forth findings of fact, [and] conclusions of law." [6] Despite the above pr...

...In his response to the order to show cause, Claimant argues that this court has consistently held that an order that reserves jurisdiction on outstanding claims is nonfinal and nonap-pealable. As we explain below, Claimant’s argument, although partially correct, is also incomplete and ultimately unavailing. Analysis Section 440.25(5)(a), Florida Statutes (2011), provides that “Procedures with respect to appeals from orders of judges of compensation claims shall be governed by rules adopted by the Supreme Court.” Florida Rule of Appellate Procedure 9.180 —...

...652 So.2d at 444 . Further, this court has concluded that where some petitions are procedurally ripe for adjudication, and others are not for want of mediation (a mandatory condition precedent to the presentation of a claim at a merits hearing, see section 440.25(2), Florida Statutes (2010) (stating “mediation conference is required to be held unless this requirement is waived by the Deputy Chief Judge”)), an order that contains both a final disposition of the claims that are ripe for adjud...

...to prosecute remained in effect. Dismissal for lack of prosecution is only proper where "a petition, response, motion, order, request for hearing, or notice of deposition has not been filed during the previous 12 months unless good cause is shown." § 440.25(4)(i), Fla....

...sent willful disregard for the JCC's authority. See Martinez v. Collier County Public Sch., 804 So.2d 559, 561 (Fla. 1st DCA 2002). The JCC abused his discretion by dismissing Claimant's petitions without complying with the statutory requirements of section 440.25(4)(i), Florida Statutes, and by entering a sanction that is too harsh for failing to attend a pretrial hearing....

...Lowe of Marlow, Connell, Valerius, Abrams, Lowe & Adler, Miami, for appellee. WARNER, Judge. The appellant challenges the trial court's order dismissing her petition for a rule nisi to enforce the order of the Judge of Compensation Claims providing for emergency relief in the form of temporary benefits under section 440.25(4)(h), Florida Statutes (Supp.1994)....

...The carrier refused to provide temporary round-the-clock attendant care, and Frank filed a motion for emergency conference with the JCC requesting 24-hour live-in care five days per week, with Frank's friends and family providing care the remaining 48 hours. Frank's motion was heard, with the judge relying on section 440.25(4)(h) as authority for the emergency hearing....

...rial court's only duty was to enforce its terms if it was still in effect. Crawford argues that the emergency order was not a final order which it could have appealed. We agree, however, with the first district which held that an order entered under section 440.25(h) is final and subject to appellate review....

...demnity benefits, proper calculation of her average weekly wage, and impairment benefits. The PFB is pending in the Daytona Beach District of the Office of Judges of Compensation Claims, which is responsible for claims arising in Flagler County. Cf. § 440.25(4)(d), Fla....

...In finding that claimant's claim was not time-barred, the JCC noted that, under section 440.19(3), Florida Statutes, the statute of limitations defense is waived unless the defense is asserted at the first hearing involving the claim. The JCC concluded that, because the E/C failed to object to the filing of a claim under section 440.25, Florida Statutes, rather than a petition for modification under section 440.28, Florida Statutes, and failed to timely assert the statute of limitations defense in the pretrial stipulation, the E/C waived the right to object to the defect in the claim or to assert the statute of limitations defense....

...on order, or at any time prior to 2 years after the date copies of an order rejecting a claim are mailed to the parties at the last known address of each, review a compensation case in accordance with the procedure prescribed in respect of claims in s. 440.25 and, in accordance with such section, issue a new compensation order which may terminate, continue, reinstate, increase, or decrease such compensation or award compensation......

...ther opportunity to be heard. Florida Rule of Appellate Procedure 9.410." By notice of appeal filed April 5, 2010, Appellant seeks review of an order rendered September 13, 2005. Accordingly, *920 we DISMISS this appeal for lack of jurisdiction. See § 440.25(5)(a), Fla....

...to between the claimant's union and the employer in determining the claimant's entitlement to reimbursement. We disagree with the employer's contention. See Housknecht v. City of Dania, IRC Order 2-3276 (1977), cert. den., 377 So.2d 169 (Fla. 1979); section 440.25(1), Florida Statutes (1978)....

...was “the focal point of the trial”). Finally, we note under the rules of procedure governing workers’ compensation adjudications a JCC may admit post-hearing evidence “for good cause shown” (a standard not used by the JCC here), and under section 440.25(4)(b), a continuance may be granted where the requesting party demonstrates “that the reason for requesting the continuance arises from circumstances beyond the party’s control.” See Fla. Admin. Code R. 60Q-6.121(5); see also § 440.25(4)(b), Fla....

...nd the resulting delay in the resolution of his petition for benefits (PFB). I also take this opportunity to propose what, in my view, is a better procedure for the Judges of Compensation Claims (JCC) to follow when dismissing a PFB sua sponte under section 440.25(4)(i)....

...employer/carrier (E/ C)-paid attorney's fees and costs. On February 13, 2009, the JCC issued a sua sponte order dismissing the PFB for lack of prosecution because the docket reflected no statutorily-defined record activity for more than a year. See § 440.25(4)(i), Fla....

...NOTES [1] I recognize that Florida Administrative Code Rule 60Q-6.108(1)(c) prohibits the filing of certain discovery documents ( e.g., "requests or notices to produce and objections or responses thereto" and "deposition transcripts"), but the rule does not prohibit the filing of notices of deposition. And section 440.25(4)(i) specifically contemplates that such notices will be filed because that is one type of record activity that is specifically listed in the statute....

...Unless the statute is complied with there is no foundation in the order sufficient to enable the full commission, and ultimately this court, to determine the presence or absence of competent substantial evidence to support the deputy's conclusion. Section 440.25(3) (c), Florida Statutes, F.S.A.; Hardy v....

...On remand, the judge shall apply the "catastrophic injury" test to determine whether claimant is entitled to permanent total disability and permanent total disability supplemental benefits, and shall make findings sufficient to permit intelligent review of his decision, as required by section 440.25(4)(e), Florida Statutes....

...In times past, when assigning judicial review of administrative or nonjudicial action, the legislature frequently enacted a venue logic similar to that of statutes placing suits in the trial court system, Section 49.011, and locating nonjudicial hearings within the state, Section 440.25(3)(b)....

...f Dade County, which like the Third District has power to issue writs of certiorari. See Monroe Education Ass'n v. Clerk, etc., 299 So.2d 1, 3 (Fla. 1974). [10] Under Chapter 440, the hearing normally is held in the county where the injury occurred, Section 440.25(3)(b), and that presumably is the place where the order is signed before its filing in the Workers' Compensation Division office in Tallahassee, Section 440.25(3)(c)....

...1st DCA 1985); Venable v. Grandeur Arabians, 464 So.2d 625, 625-26 (Fla. 1st DCA 1985). Indeed, the workers’ compensation statute provides that “[t]he order making an award or rejecting the claim ... shall set forth the findings of ultimate facts....” § 440.25(3)(e), Fla.Stat....

...”). And lest it be overlooked, this Court’s case law relating to timeliness of EMA requests as discussed above is predicated on a conclusion that, unless a timely request is made, it is the JCC’s role to resolve such medical disputes. Further, section 440.25(4)(3), Florida Statutes (2008), requires a JCC to draft compensation orders containing his or her ultimate findings of fact, and, even where an EMA is appointed, a JCC may still be called upon to make findings of fact to resolve divergent medical opinions....

...ities or a total of $269.28 with a resulting compensation rate of $179.50." The figure of $74.41 for housing and utilities was the only disputed part of the average weekly wage. An order making an award shall set forth the findings of ultimate fact. Section 440.25(3)(c), F.S....

...Rehearing Denied February 6, 2012. Bideau Jean, pro se, Appellant. Salvatore J. Sicuso, Coral Gables, for Appellees. PER CURIAM. Upon review of Appellant's response to this court's October 24, 2011, order to show cause, we dismiss this appeal for lack *640 of jurisdiction. See § 440.25(5)(a), Fla....

the procedure prescribed in respect of claims in § 440.25 and in accordance with such section, issue a new

...Analysis Section 440.13(9)(c), Florida Statutes (2008), mandates that the JCC appoint an EMA when there is a disagreement in the opinions of the health care providers. See Palm Springs Gen. Hosp. v. Cabrera, 698 So.2d 1352, 1356 (Fla. 1st DCA 1997). The opinion of the EMA shall be admitted into evidence. See § 440.25(4)(d), Fla....

THORNAL, Justice. We have for review an order of the Florida Industrial Commission which reversed an order of a deputy denying workmen’s compensation benefits to respondent McCann. We must decide whether Fla.Stat. § 440.25(3) (b) (1967), permits a deputy commissioner to base his judgment on an ex parte report of a doctor especially appointed to examine a claimant in the light of stipulations reflected by the record....

...rd. On June 13, 1968, the Full Commission unanimously remanded the cause to the deputy directing him to allow the respondent, McCann, to cross-examine Dr. Crumbley and to introduce rebutting testimony. This is the order we have for review. Fla.Stat. § 440.25(3) (b) (1967), F.S.A., provides in part: “When there is a conflict in the medical evidence submitted at the hearing the deputy commissioner may designate a disinterested doctor to submit a report or to testify in the proceeding, after suc...

...1st DCA 1983), the deputy commissioner's *151 order of December 21, 1982 is AFFIRMED. BOOTH, J., concurs. ROBERT P. SMITH, Jr., J., dissents, with written opinion. ROBERT P. SMITH, Jr., Judge, dissenting: Within the 30-day period before the deputy's compensation order became final, § 440.25(4)(a), Fla....

...majority opinion. NOTES [*] A compensation order need only contain those findings of ultimate material fact (as opposed to conclusory findings) necessary to support the mandate, and need not contain a recitation of all of the evidence presented. See § 440.25(4)(e), Florida Statutes (2005), see also Chavarria v....

...lties, when such benefits were claimed in the pre-trial stipulation. The order is entirely silent on this issue. However, as the record reveals that the omission was never raised before the deputy within the time available for correction, we affirm. Section 440.25(4)(a), Florida Statutes; Sunland Hospital/State of Florida v....

...After receiving argument of counsel, the JCC entered an order finding that appellant was not entitled to interest. The JCC did not explain the factual or legal basis for this conclusion, but presumably he agreed with the E/C, that a party has 30 days from the date of the fee order to pay it or appeal it. Section 440.25(4)(a), Florida Statutes (1989), provides as follows: Beginning on October 1, 1979, procedures with respect to appeals from orders of judges of compensation claims shall be governed by rules adopted by the Supreme Court....

...It does not appear that the Employee/Claimant will be able to return to work in the immediate future as she has not reached maximum medical improvement. The Employee/Claimant is entitled to temporary disability benefits and denial of indemnity benefits has caused extreme hardship as contemplated by Section 440.25(4)(h), Florida Statutes....

...The Employee/Claimant elected to proceed under a Motion for Emergency Relief to obtain reinstatement of indemnity benefits. In seeking reinstatement of the benefits, the Claimant failed to raise in her Motion the request for imposition of penalties. Since the Claimant proceeded under § 440.25(4)(h), Florida Statutes, rather than a merit hearing and further failed to raise the issue of penalties in the Motion for Emergency Relief, that issue in effect was waived....

...The motion for emergency conference she filed later was a subsidiary pleading in a case the petition for benefits had already initiated. See generally Smurfit-Stone Container Corp. v. Taylor, 786 So.2d 1207, 1208 (Fla. 1st DCA 2001) (Benton, J., concurring) (“As written, section 440.25, Florida Statutes (1997), contemplates compliance with sections 440.191 (requiring that a request for assistance be filed before a petition for benefits is filed) and 440.192 (authorizing the filing of a petition for benefits, if the request for assistance proves unavailing for thirty days).”)....

...judge of compensation claims. A clear purpose of an emergency conference is to isolate certain matters for expedited resolution because emergency circumstances require it. With this in mind, section 440.20(6) should be construed in pari materia with section 440.25(4)(h), Florida Statutes (1997). See Hertz Rent-A-Car v. Sosa, 670 So.2d 73, 75 (Fla. 1st DCA 1996); Roberts v. Gator Freightways, Inc., 538 So.2d 55, 60 (Fla. 1st DCA), approved, 550 So.2d 1117 (Fla.1989). Section 440.25(4)(h) provides: Notwithstanding any other provision of this section, the judge of compensation claims may require the appearance of the parties and counsel before her or him without written notice for an emergency conference where ther...

...579 (1993), and codified in section 90.702, Florida Statutes. admissibility of the report and opinions of the expert medical advisor (“EMA”); and (2) relying upon the EMA opinion to determine a compensable accident occurred. 2 We affirm the JCC’s order but write to address a matter of first impression—whether section 440.25(4)(d), Florida Statutes (2020), governing procedures for workers’ compensation mediation and hearings, precludes a Daubert challenge to EMA opinions....

...In response—although acknowledging that Daubert applies generally in Florida workers’ compensation cases—Claimant asserts that nothing about Daubert or section 90.702 applies to an EMA appointed under section 440.13(9), Florida Statutes. Specifically, section 440.25(4)(d) directs that the report or testimony of an EMA “shall be admitted into evidence,” thereby statutorily precluding a Daubert challenge. Pursuant to the applicable, amended version of section 440.25(4)(d), we agree. To determine if a Daubert challenge to EMA reports and testimony is statutorily precluded, we begin with the statutory text....

...“To determine its best reading, we exhaust all the textual and structural clues that inform its meaning.” DeSantis v. Dream Defenders, 389 So. 3d 413, 418 (Fla. 2024) 4 (internal quotations and citations omitted). Section 440.25 governs “[p]rocedures for mediation and hearings” in workers’ compensation proceedings and was last amended in 2003....

...The report or testimony of the expert medical advisor shall be admitted into evidence in a proceeding and all costs incurred in connection with such examination and testimony may be assessed as costs in the proceeding, subject to the provisions of s. 440.13. § 440.25(4)(d), Fla....

...s of Daubert be met.” See Giaimo v. Fla. Autosport, Inc., 154 So. 3d 385, 388 (Fla. 1st DCA 2014). But the legal question addressed in Junod and Giaimo was limited to whether the EMA opinions withstood a Daubert objection—not whether pursuant to section 440.25(4)(d) its application is statutorily precluded altogether....

...has disclaimed jurisdiction over the rules of workers’ compensation proceedings. Our analysis here is on a clean slate as we contemplate an amended version of the statute and/or different statutes altogether. The Henson opinion did not address section 440.25(4)(d)....

...Furthermore, declarations in Henson resulted from the sole question of whether section 440.29(4), rendering admissible all medical reports of authorized treating health care providers in a workers’ compensation proceeding, precluded application of the Frye standard. In contrast, our analysis is on the text of section 440.25(4)(d)—as amended—and amended statutes supersede analyses in prior cases that were based on prior statutory versions or did not address the precise legal argument presented here....

...This would also be applicable to application of the Daubert standard. 10  A timeline of relevant statutory amendments and precedent shaping the evidentiary and procedural rules at play here is informative: 1957: Enactment of section 440.25(3)(b), Florida Statutes, that provides as follows: At such hearing the claimant and employer may each present evidence in respect to such claim and may be represented by an attorney....

...deputy commissioner shall be made a part of the record of the proceedings and shall be given the same consideration by the deputy commissioner as is accorded other medical evidence submitted in the proceeding; . . . § 440.25(3)(b), Fla....

...See Bundy v. State, 471 So. 2d 9 (Fla. 1985); 1993: The Supreme Court of the United States directs that the Federal Rules of Evidence supersede Frye. See Daubert, 509 U.S. 579; *The Florida Legislature renumbers section 440.25(3)(b) to (4)(d) and amends it as follows: When there is a conflict in the medical evidence submitted at the hearing, the provisions of s. 440.13 shall apply....

...The report or testimony of the expert medical advisor shall be made a part 11  of the record of the proceedings and shall be given the same consideration by the judge of compensation claims as is accorded other medical evidence submitted in the proceeding; ... § 440.25(4)(d), Fla....

...that the report or testimony of an expert medical advisor is “presumed correct unless there is clear and convincing evidence to the contrary as determined by a judge of compensation claims.” § 440.13(9)(c), Fla. Stat. (1993); 2001: Section 440.25(4)(d) was amended to read: When there is a conflict in the medical evidence submitted at the hearing, the judge of compensation claims may designate a disinterested doctor to submit a report or to testify at the proceeding; ....

...The report or testimony of any doctor so designated by the judge of compensation claims shall be made a part of the record of the proceedings and shall be given the same consideration by the judge of compensation claims as is accorded other medical evidence submitted in the proceeding; . .. § 440.25(4)(d), Fla....

...2d 104, which declared that the Frye standard is the generally acceptable standard for admissibility of novel evidence and applies to medical experts in workers’ compensation proceedings; 12  2003: The Legislature again amends section 440.25(4)(d) to read as follows, “When there is a conflict in the medical evidence submitted at the hearing, the provisions of s. 440.13 shall apply. The report or testimony of the expert medical advisor shall be admitted into evidence in a proceeding . . . .”; 11 *Section 440.25(4)(d) now mandates report or testimony of an EMA “shall be admitted into evidence.” 2004: The Florida Supreme Court declared that it lacks jurisdiction over the rules of workers’ c...

...Evidence Code, 278 So. 3d 551 (Fla. 2019), the Florida Supreme Court receded from its 2017 decision and adopted Daubert. As illuminated by the timeline, the precedential impact of Henson is limited for the following reasons: (1) section 440.25(4)(d) was amended in 2003, one year after Henson, to instruct that the “report or testimony of the expert medical advisor shall be admitted into evidence in a proceeding ....

...and conveys a clear and definite meaning . . . the statute must be given its plain and obvious meaning.’” Fla. Dep’t of Revenue v. New Sea Escape Cruises, Ltd., 894 So. 2d 954, 960 (Fla. 2005) (quoting A.R. Douglass, Inc. v. McRainey, 137 So. 157, 159 (Fla. 1931)). Section 440.25(4)(d) is clear and unambiguous, and it unequivocally leaves the JCC no discretion and no role in determining admissibility of an EMA’s report or testimony. Section 440.25(4)(d) statutorily mandates that the EMA report and testimony are admissible....

...Notably, in the 2003 amendments to Chapter 440, the Legislature used this same modal verb, “shall,” in another subsection of 440.13 which allows for a “consensus IME” (the parties mutually agree to a specific doctor to perform an evaluation). Pursuant to the amended version of section 440.25(4)(d), there is no threshold of admissibility for the report and opinions of an EMA....

...1st DCA 2009) (citing Martin Marietta Corp. v. Roop, 566 So. 2d 40, 42 (Fla. 1st DCA 1990)). The principle that the rules of evidence apply to workers’ compensation proceedings remains viable and well-respected. However, the Legislature has carved out an exception in section 440.25(4)(d), which by its plain language, precludes application of Daubert to EMA reports and opinions because they are admissible as a matter of law. Here, the E/C raised a Daubert challenge to the admissibility of the EMA report and testimony of Dr....

...court’s later decision in Moise v. Disney Pop Century Resort, 244 So. 3d 403 (Fla. 1st DCA 2018). On this, we agree. Moise is distinguishable from both this case and Rice. By its own terms, Moise addressed “the interaction of sections 440.19 and 440.25(4)(i),” Florida Statutes—the tolling effect of a timely filed PFB vis-à-vis a PFB filed after the former PFB is subject to a motion to dismiss for failure to prosecute. 244 So. 3d at 407; see § 440.25(4)(i), Fla....

...saved the subject PFB from a SOL defense. Id. This Court answered “no” for the above reasons and barred the PFB even though claim for amount remained “pending.” Id. In Moise this Court specifically addressed “the interaction of sections 440.19 and 440.25(4)(i).” 2 244 So....

...The reasoning in Moise was not inconsistent with Rice. Rice presented the novel issue of the interplay of the SOL and a dismissal for lack of prosecution and did not involve a claimant’s voluntary dismissal of a PFB with reservation of jurisdiction solely on a pending claim for 2 Section 440.25(4)(i), Florida Statutes, provides that a JCC “may, upon the motion of a party or the judge’s own motion, dismiss a petition for lack of prosecution if a petition, response, motion, order, request for hearing, or notice of deposition has not been filed during the previous 12 months unless good cause is shown....

...96-4045 found compensability on the basis of a procedural default, relying on Waffle House v. Hutchinson, 673 So.2d 883 (Fla. 1st DCA 1996), review denied, 683 So.2d 486 (Fla.1996); and the order under review in case No. 96-4506 awarded psychiatric care after a section 440.25 emergency conference, notwithstanding a pending appeal in the main case....

servicing agent to pay for such an examination. § 440.25(3)(d), Fla.Stat. (1991); Berry Corp. v. Smith

...at this determination. In several cases this Court has ruled the employee must be compensated for all the disability produced by the industrial accident and that the effect on the injured employee is to he determined as of the time of his injury. 8 Section 440.25 (3), Florida Statutes, F.S.A., requires the deputy commissioner to include as part of his findings of fact matters pertinent to the questions at issue....

...The Commission held that it could not review such a certification order, but we disagree. The basis for the Commission’s decision was the opinion that its only source of authority for reviewing orders of a Judge of Industrial Claims is contained in Fla.Stat. § 440.25(4) (a), F.S.A., which provides for review of any “compensation Order”....

...to such prepayment and automatic dismissal, as well as his principal complaint, which is the Commission’s interpretation of the statute and Rule as requiring payment for a complete transcript in every appeal. It logically follows, however, that if § 440.25(4) (b) authorizes the Commission to regulate appeals before that body it also authorizes the Commission to interpret its own regulations and to hear objections to them by parties aggrieved by their application. In addition, § 440.33(1) (Powers of Commission) provides, in part, that “The division or commission may ... do all things conformable to law which may be necessary to enable it effectively to discharge the duties of its office.” Also, § 440.25(1) (Procedures • in Respect to Claims) states that “....

...Section 440.-15(3)(u), Florida Statutes (1978 Supp.). The Deputy’s finding that the claimant had not tested his ability to work in the open market precludes any reliance on loss of wage earning capacity to raise the rating, Exxon *1148 Company, U.S.A. v. Alexis, 370 So.2d 1128 (Fla.1978). Section 440.25(3)(b), Florida Statutes (1978 Supp.), effective July preceding claimant’s December accident, precludes the Deputy from finding a disability rating in excess of that given by a physician unless it was stipulated to by the parties....

...llows that the scheduling of the event that results in that order can likewise be mandated. Both Claimant and the E/C have the right to have claims and pending legal rights adjudicated. Thus, Claimant has shown she has a clear legal right. Section 440.25(4), Florida Statutes (2009), sets out the procedure for hearings. The final hearing is to be concluded within 90 days of the mediation conference (see § 440.25(4)(b), Fla. Stat.) or 210 days after the PFB is filed (see § 440.25(4)(d), Fla. 3 Stat.). Section 440.25(4)(c) requires the JCC to give the parties at least 14 days’ notice of the final hearing....

...proceedings were “a proceeding to modify the final compensation Order rendered January 26, 2012.” Section 440.28, Florida Statutes (2009), provides that proceedings to modify orders are to be conducted “in accordance with the procedure prescribed in respect to claims in s. 440.25.” Thus, the JCC had an indisputable legal duty to schedule a hearing. JCCs have exclusive jurisdiction over workers’ compensation matters....

proceedings is to warn of the jurisdictional nature of § 440.25(4)(f), Fla.Stat. 1979, which provides: Beginning

...e. See Florida Rule of Appellate Procedure 9.410. DISMISSED. MARSTILLER, RAY, and SWANSON, JJ., CONCUR. . We also have before us Appellee’s motion to dismiss this appeal based on the Appellant’s purported failure to post a bond as required under section 440.25(5)(c), Florida Statutes (2011)....

...visions of chapter 440, Florida Statutes. Committee Notes 1996 Adoption. This rule recognizes an alternative dispute process other than that expressed in chapter 440, Florida Statutes. *797 RULE 4.027. VENUE (a) Generally. Venue shall be governed by section 440.25(4)(d), Florida Statutes....

...This replaces rule 2(h), 1977 W.C.R.P., which merely provided “ ‘Service’ shall be as provided in the Florida Rules of Civil Procedure.” Subdivision (c) replaces rule 3(b), W.C.R.P.1977. The caveat to the filing of appellate proceedings is to warn of the jurisdictional nature of section 440.25(4)(f), Florida Statutes (1979), which provides: Beginning on October 1, 1979, procedures with respect to appeals from orders of deputy commissioners shall be governed by rules adopted by the Supreme Court....

...1st DCA 1998). RULE 4.105. EXPEDITED HEARINGS (a) Generally. If a petition filed in accordance with section 440.192, Florida Statutes, involves a claim or petition of $5,000 or less, excluding attorney fees and costs, it shall be considered for resolution under section 440.25(4)(j), Florida Statutes....

...(i) Post-hearing Evidence. Post-hearing evidence shall be considered in the same manner as provided in rule 4.085. Committee Notes 1996 Adoption. This rule codifies the procedure to follow when requesting a 30 minute expedited hearing as authorized by section 440.25(4)(j), Florida Statutes, for claims of $5,000 or less, or if stipulated to by the parties. 2000 Amendment. The changes were made to make rule 4.105 consistent with section 440.25(4)(j), Florida Statutes....

...Either party may request separate findings of fact and conclusions of law within 10 days from the entry of the abbreviated final order. Upon receipt of a timely motion, the presiding judge shall vacate the abbreviated final order and, within 30 days thereof, enter an order in compliance with section 440.25(4)(e), Florida Statutes, and rule 4.115(a). No hearing on the motion shall be required. Abbreviated final orders under section 440.25(4)(d), Florida Statutes, shall be enforceable under séction 440.24, Florida Statutes. *806 (be) Amending or Vacating Order. (1) A judge may, at his or her own discretion or pursuant to a motion for rehearing, vacate or amend an order not yet final pursuant to section 440.25, Florida Statutes....

...MOTION FOR REHEARING (a) Generally. A motion for rehearing shall state specifically the grounds on which it is based and should not be used to reargue issues already determined. A motion for rehearing may be served only within 10 days from the date of an order not yet final under section 440.25, Florida Statutes....

...(d) Disposition. The judge shall summarily rule on the motion, conduct a hearing and rule on the motion, or vacate the order within 30 days after the order is mailed to the parties. (e) Abbreviated Final Order. Abbreviated final orders entered under section 440.25(4)(d), Florida Statutes, shall not be subject to a motion for rehearing....

...A mandatory mediation conference may be waived only by order of the chief judge after the filing with the presiding judge of a motion to waive the initial mandatory mediation conference no later than 3 days before the scheduled conference. (d) Mediator. The initial mandatory mediation conference required to be held under section 440.25(1), Florida Statutes, shall be conducted by a mediator or adjunct mediator employed by the deputy chief judge under section 440.25(3), Florida Statutes, except when the parties have stipulated under rule 4.350 to substitute a mediator who is not appointed by the deputy chief judge....

...If an impasse was declared the mediator shall so report without comment or recommendation. If the parties reach an agreement, it shall be filed with the presiding judge in accordance with rule 4.142. Committee Notes 1996 Adoption. This rule codifies the procedure for mandatory mediation required by section 440.25, Florida Statutes, for every petition for benefits....

...Subdivision (c) also permits filing the motion to waive with the presiding judge who shall then forward the motion to the chief judge for consideration. Subdivision (d) contemplates that the mandatory mediation shall be conducted by the mediator or adjunct mediator employed by the chief judge under section 440.25(3), Florida Statutes, without charge *810 to the parties....

...es in the pending workers’ compensation claim or petition. (2) If the parties cannot agree on a mediator within 10 days of the order of referral, the judge shall appoint a mediator or adjunct mediator employed by the deputy chief judge pursuant to section 440.25(3), Florida Statutes, in the district in which the matter is pending. (b) Mediator Fees. (1) Mediations conducted by a mediator or adjunct mediator employed by the chief judge Office of the Judges of Compensation Claims under section 440.25(3), Florida Statutes, shall be at no cost to the parties. (2) When the mediator selected by the parties and approved by the judge is one other than a mediator or adjunct mediator employed by the chief judge Office of the Judges of Compensation Claims under section 440.25(3), Florida Statutes, the amount and method of payment of the mediator fees shall be agreed upon between the parties, or their attorneys, and the mediator....

...der, anticipating that this will speed up this step of the administrative process. FORM 4.9085. NOTICE OF MEDIATION CONFERENCE AND ORDER [For caption and style of pleadings see form 4.901.] NOTICE OF MEDIATION CONFERENCE AND ORDER In accordance with section 440.25(1), Florida Statutes, 49942001, and Florida Rules of Workers’ Compensation Procedure 4.300-4.380, a mediation conference will be held before __, Mediator, at.(location of hearing)....

...method of delivery) at .(address).on.(date). Certifying Attorney FORM 4.9087. ORDER AND NOTICE OF SUBSTITUTED PRIVATE MEDIATION [For caption and style of pleadings see form 4.901.] ORDER AND NOTICE OF SUBSTITUTED PRIVATE MEDIATION In accordance with section 440.25(1), Florida Statutes, 2001, and Florida Rules of Workers’ Compensation Procedure 4.300 — 4.380, a substituted private mediation conference will be held before , mediator, in the above-styled case at: DATE: TIME: PLACE: 1....

...dismiss the appeal. (4) State Agencies: Waiver of Costs. Any self-insured state agency, including the Division of Workers’ Compensation or the Special Disability Trust Fund, need not deposit the estimated costs. Your attention is called-further to section 440.25(5)(b),-Florida Statutes, and rule 4A8Q(f)(2) ^ -whichr-provides: (£) Relief From Filing Fees and Costs: Indigency....

...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 shall reimburse the Fund the costs paid within 30 days of the mandate issued by the district court or supreme court under these rules. See also section 440.25(5)(b), Florida Statutes....

...This factual determination was not even at issue at the time of the second hearing on October 15, 1992. The JCC clearly exceeded the scope of the issues presented at the second hearing. Even if a modification were permissible under Section 440.28, Florida Statutes, such modification must conform with the procedures stated in Section 440.25(3)(c), Florida Statutes, which provides that the parties shall be given 15 days notice before hearing a motion for modification of a compensation order....

Section 440.19(l)(c), Florida Statutes (1975). Section 440.25(2), Florida Statutes (1975), requires the employer

further medical evaluation authorized by the order. § 440.25(3)(b), Florida Statutes. Without foreclosing the

forum for her workers’ compensation claim. Section 440.25(3)(b), Florida Statutes (1979). Claimant’s

the employer/carrier noted for the record that § 440.25(3)(a), Florida Statutes (1978 Supp.), prohibited

...up to and including May 7, 1955. It is obvious from the above that the deputy and the full commission made contrary findings from the same record. It is incumbent upon the deputy to make findings of fact before the entry of a compensation award. See § 440.25(3) (b), Fla.Stat., F.S.A....

...f the last payment of compensation, whether or not a compensation order has been issued, or at any time prior to one year after the rejection of a claim, review a. compensation case in accordance with the procedure prescribed in respect of claims in § 440.25, and ■ in accordance with such section, issue a new compensation ....

...In the foregoing case we observed: “The Deputy Commissioner is required by statute, in his order allowing or rejecting a claim, to set forth 'a statement of the findings of fact and other matters pertinent to the questions at issue.’ (Italics added.) Section 440.25(3) (c), F.S....

...r. Moreover, the basic point involved was whether there was, as noted above, an abuse of discretion on the part of the deputy commissioner, even assuming that the position of claimant is correct and that there was no such stipulation. The ■statute 440.25(3) (b) provides that where “there is a conflict in the medical evidence submitted at the hearing, the deputy commissioner may designate a disinterested doctor to submit a report or to testify in the proceeding * * * ” This statute vests, a...

an order awarding medical care pursuant to section 440.25(4)(h), Florida Statutes. Because the finding

...claim satisfied the requirements set out in section 440.19. Even if we treat the order of dismissal as a denial of the claim on the merits, the order constitutes error because it fails to set forth any findings of ultimate facts, in contravention of section 440.25(3)(c), Florida Statutes (1987)....

...We have jurisdiction, United States Fidelity & Guaranty Co. v. Sloan, 410 So.2d 549 , 550 n. 2 (Fla. 1st DCA 1982), but deny the petition. The deputy commissioner has the power and authority “to hear and determine all questions” in respect to workers’ compensation claims. § 440.25(1), Fla.Stat.; Fireman’s Fund Insurance Company v....

...This workers’ compensation cause is before us on appeal from an order of a successor judge of compensation claims (JCC) correcting the original JCC’s final order awarding benefits to appellee Smith. Over a year after the original JCC’s final order became final by operation of section 440.25(4)(a), Florida Statutes (1991), 1 Smith filed a motion to correct scrivener’s error on April 20,1993, asserting that Breen, as the owner of X-tra Pizza, was also Smith’s employer, and requesting that references to Breen as “owner...

...t became final, neither the original nor the successor JCC retained jurisdiction to vacate, amend, or correct clerical errors therein. See Fla.R.Work. Comp.P. 4.141(b) (providing that at the JCC’s discretion, an order not yet final by operation of section 440.25, Florida Statutes, may be either vacated or amended at either the JCC’s own initiative or pursuant to a motion for rehearing); Fla.R.Work.Comp.P....

...e deputy’s ruling upon that issue was unintended by the parties, or was otherwise inadvertent, that oversight might and should have been brought to the deputy’s attention within 30 days after the order was mailed, before it became final” under section 440.25(4)(a)); Stone & Webster v....

...Absent any statutory or rule authority to do so, the successor JCC in the present case did not have jurisdiction to correct the original JCC’s final order pursuant to Smith’s motion to correct scrivener’s error filed over one year after the original final order became final under section 440.25(4)(2). We therefore reverse the successor JCC’s corrected final order, and remand with directions that the original JCC’s final order be reinstated. REVERSED AND REMANDED WITH DIRECTIONS. BOOTH, ALLEN and BENTON, JJ., concur. . Section 440.25(4)(a), Florida Statutes (1991), provides in Ml: Beginning on October 1, 1979, procedures with respect to appeals from orders of judges of compensation claims shall be governed by rules adopted by the Supreme Court....

finding in this case is a compliance with F.S.A. § 440.25(3) (b), which provides in part that the “order

...At this point one year had elapsed since the last merits hearing November 22, 1988. It is true that the 392 days prior to the entry of the order did not pass with total inaction, but the numerous hearings and arguments occurring in the interim served only to obfuscate the issues and confuse everyone, particularly the JCC. Section 440.25(3)(f), Fla.Stat., requires the JCC to submit a special report to the Chief Judge concerning any contested case not determined within 30 days of the final hearing....

...Rinaldi’s Expressway Lanes, 459 So.2d 421 (Fla. 1st DCA 1984), where the entire case was determined based on the claimant’s credibility. In the instant ease the 392-day period is more than 13 times longer than the 30 days designated as constituting “delay” by § 440.25....

reasons. In the first instance, the Statute, F.S. 440.25(3)(a) requires notice by certified mail, and

...440.27, Florida Statutes 1955,' F.S.A., seeking review of an order of the full commission of the Florida Industrial Commission. In denying review, the full commission considered only the question of its jurisdiction to consider Griffith’s application for review in view of his failure to file a bond as required by Sec. 440.25(4) (a), Florida Statutes 1955, F.S.A.: “ * * * an employer who has not secured the payment of compensation under this chapter in compliance with § 440.38 shall, as a condition of filing such application for a review by the full commission,...

...on for review the commission shall dismiss the application for review.” Petitioner poses the questions, “whether the full commission had authority to dismiss the application for review for failure to post bond, as provided for in Florida Statute 440.25(4) (a), F.S.A., and whether said statute is unconstitutional or not.” The 1955 amendment to Sec. 440.25(4) (Ch....

PER CURIAM. The order appealed lacks specific findings of fact necessary for meaningful review. See § 440.25(4)(e), Fla.Stat....

...The petition for certiorari is granted inasmuch as the essential requirements of law were not met by the affirmance of an order of the Deputy Commissioner so lacking in adequate findings as to prevent a reviewing authority testing the validity of the award. Section 440.25(3) (c), Fla.Stat., F.S.A....

...ny statutory text brought to our attention, prevents a JCC from appointing an EMA merely because a request is not made timely. On the contrary, even absent a request from a party, a JCC can–and under the plain terms of sections 440.13(9)(c) and 440.25(4)(d) must 2 —appoint an EMA if a disagreement in medical opinions exists. To strike the appointment of an EMA in this case, even if based on an untimely request, would be in contravention of the plain language of sections 440.13(9)(c) and 440.25(4)(d) and the legislative intent that JCCs have independent authority to appoint EMAs where medical opinions materially differ....

...Accordingly, Claimant has not demonstrated that the JCC departed from the essential requirements of law by appointing an EMA in the circumstances presented. Claimant next argues that the JCC’s appointment of an EMA violates the 210- day deadline for holding a hearing set by section 440.25(4)(d), Florida Statutes (2013)....

...on for review it raised the sole question of excessive attorney’s fees. September 4, 1959, the carrier filed an amended application for’ review, to which claimant filed a motion to dismiss contending that same was not timely filed as required by § 440.25(4) (a), Florida Statutes, F.S.A., and that same was not filed in accordance therewith inasmuch as there is no provision therein for making an amendment to an application for review....

...mant’s award approximating $11,000. In this state of the record, the first question presented is whether or not the Florida Industrial Commission had authority to modify the compensation order made by the deputy commissioner. The pertinent part of § 440.25(4) (a), Florida Statutes, F.S.A., to this question is i as follows: “The compensation order rendered by the deputy commissioner shall become final twenty days after the date copies of same are mailed to the parties at the last known addre...

...Because the notice of appeal appeared untimely, this court directed the appellant to show cause why the appeal should not be dismissed. The appellant has failed to respond to the show cause order. Accordingly, we dismiss this appeal for lack of jurisdiction. See § 440.25(5)(a), Fla....

other reason or justification for such mandate.” § 440.25(4)(e), Fla. Stat. (1995). The pertinent rule adds

...thin seven days of receipt of a notice of appeal. The title of subdivision (c) is also changed to “Transmission of Notice of Appeal and Electronic Record.” -3-  Next, rule 9.180 is amended to align with section 440.25(5)(b), Florida Statutes (2023)....

...However, these documents may be served after this deadline upon stipulation of the parties or approval of the judge. *864 The Committee’s proposed modification to rule 4.105, Expedited Hearings, is also adopted. This rule is amended to comply with section 440.25(4)(j), Florida Statutes (1999), to indicate that claims of less than ■ $5000 are presumed to be resolvable in an expedited hearing....

...This replaces rule 2(h), 1977 W.C.R.P., which merely provided “ ‘Service’ shall be as provided in the Florida Rules of Civil Procedure.” Subdivision (c) replaces rule 3(b), 1977 W.C.R.P. The caveat to the filing of appellate proceedings is to warn of the jurisdictional nature of section 440.25(4)(f), Florida Statutes (1979), which provides: Beginning on October 1, 1979, procedures with respect to appeals from orders of deputy commissioners shall be governed by rules adopted by the Supreme Court....

...Committee Notes 1996 Adoption. Replaces rule 4.100, but includes many of the provisions of the previous rule. Requires a judge of compensation claims to schedule a pretrial hearing after receipt of a mediator’s report declaring an impasse as per section 440.25(4)(a), Florida Statutes....

...RULE 4.105. EXPEDITED HEARINGS (a) Generally. If a petition filed in accordance with section 440.192, Florida Statutes, involves a claim or petition of $5,000 or less, excluding attorney fees and costs, it aaayshaH be considered for resolution under section 440.25(4)(j), Florida Statutes....

...A copy of this application shall be filed with the .judge and served on all interested parties. (b) Application for Expedited Hearings, — Qn 'Written application of one party or-by-stipulation, any claim-or petition filed in accordance-with section 440.192, Florida Statutes, may be resolved under section 440.25(4), — Florida Statutes..The application — for--expedited -hearing shall be sub-stantia-H-y-the-same as form 4.9091....

...(i) Post-hearing Evidence. Post-hearing evidence shall be considered in the same manner as provided in rule 4.085. Committee Notes 1996 Adoption. This rule codifies the procedure to follow when requesting a 30-minute expedited hearing as authorized by section 440.25(4)(j), Florida Statutes, for claims of $5,000 or less, or if stipulated to by the parties. 2000 Amendment. The changes were made to make rule 4.105 consistent with section 440.25(4)(j), Florida Statutes....

...(2) The order shall be signed by the judge and shall include a certifícate of service to all parties and counsel of record. (b) Amending or Vacating Order. (1) A judge may, at his or her own discretion or pursuant to a motion for rehearing, vacate or amend an order not yet final pursuant to section 440.25, Florida Statutes....

...A motion for rehearing shall state specifically the grounds on which it is based and should not be used to reargue issues already determined. A motion for rehearing may be ffledserved only *877 within 2010 days from the date of an order not yet final under section 440.25, Florida Statutes....

...e after the filing with the presiding judge of a motion to waive the initial mandatory mediation conference no later than 3 days before the scheduled conference. (d) Mediator. The initial mandatory mediation conference required to be held *881 under section 440.25(1), Florida Statutes, shall be conducted by a mediator or adjunct mediator employed by the chief judge under section 440.25(3), Florida Statutes, except when the parties have stipulated under rule 4.350 to substitute a mediator who is not appointed by the chief judge....

...If an impasse was declared the mediator shall so report without comment or recommendation. If the parties reach an agreement, it shall be filed with the presiding judge in accordance with rule 4.142. Committee Notes 1996 Adoption. This rule codifies the procedure for mandatory mediation required by section 440.25, Florida Statutes, for every petition for benefits....

...Subdivision (c) also permits filing the motion to waive with the presiding judge who shall then forward the motion to the chief judge for consideration. Subdivision (d) contemplates that the mandatory mediation shall be conducted by the mediator or adjunct mediator employed by the chief judge under section 440.25(3), Florida Statutes, without charge to the parties....

...written above on . — - 19_.(date). Assistant to the Judge of Compensation Claims FORM 4.9085. NOTICE OF MEDIATION CONFERENCE AND ORDER [For caption and style of pleadings see form 4.901.] NOTICE OF MEDIATION CONFERENCE AND ORDER In accordance with section 440.25(1), Florida Statutes, 1994, and Florida Rules of Workers’ Compensation Procedure 4.300-4.380, a mediation conference will be held before_, Mediator, at.(location of hearing).in the above case on: DATE: TIME: 1.THE FOLLOWING PEOPLE MUST ATTEND THE MEDIATION CONFERENCE: A....

...e parties, if unrepresented, and counsel at the address written above on . 19..(date). Assistant to the Judge of Compensation Claims *901 FORM 4.909. NOTICE OF FINAL HEARING AND PRETRIAL CONFERENCE [This form should be used for final merit hearings. Section 440.25(4)(a), Florida Statutes, mandates a pretrial hearing in all cases.] [For caption and style of pleadings see form 4.901] NOTICE OF FINAL HEARING AND PRETRIAL CONFERENCE TO THE PARTIES, IF UNREPRESENTED, AND COUNSEL ADDRESSED: As authorized under section 440.25(4), Florida Statutes, and Florida Rules of Workers’ Compensation Procedure 4.045 and 4.085, a pretrial hearing and a trial (final hearing) will be held in this claim. If the total benefits claimed in the petition are $5,000 or less, the claim is subject to the expedited dispute resolution process of section 440.25(4)©, Florida Statutes....

...Assistant to the Judge of Compensation Claims THIS IS THE ONLY NOTICE OF HEARING AND PRETRIAL CONFERENCE YOU WILL RECEIVE. FORM 4.9091. APPLICATION FOR EXPEDITED HEARING [For caption and style of pleadings, see form 4.901.] APPLICATION FOR EXPEDITED HEARING PURSUANT TO SECTION 440.25(4)0'), FLORIDA STATUTES The (claimant) (employer/carrier/servie-ing agent) (applies) (apply) for an expedited hearing pursuant to section 440.25(4)0), Florida Statutes, and show(s) the court as follows: 1....

...Compensation in issue: (i) TTD/TPD:_to__ $- (ii) W/L:_to_ $- Total: $- C. Other (excluding costs and attorney fees): (i) - $- *903 (ii) - - $.- Total: $- D. Total amount in controversy: $-- 4. The issues presented in this cause are proper for expedited hearing under section 440.25(4)Q), Florida Statutes. 5. The opposing party (has) (has not) been contacted and (does) (does not) agree to an expedited hearing. 6. If the amount in controversy exceeds $5,000 and the parties agree to expedited dispute resolution under section 440.25(4)(j), Florida Statutes, both parties, or their counsel, must sign this application....

....(telephone number) Florida Bar No. FORM 4.9092. NOTICE OF EXPEDITED HEARING AND ORDER [For caption and style of pleadings, see form 4.901.] NOTICE OF EXPEDITED HEARING AND ORDER TO THE PARTIES, IF UNREPRESENTED, AND COUNSEL ADDRESSED: As authorized under section 440.25(4)(j), Florida Statutes, and Florida Rule of Workers’ Compensation Procedure 4.105, an expedited hearing will be held in this matter....

...dismiss the appeal. (4) State Agencies: Waiver of Costs. Any self-insured state agency, including the Division of Workers’ Compensation or the Special Disability Trust Fund, need not deposit the estimated costs. Your attention is called further to section 440.25(5)(b), Florida Statutes, and rule 4.180(f)(2), which provides: (0 Relief From Filing Fees and Costs: Indigency....

...“(3) If either of the foregoing methods cannot reasonably and fairly be applied the full-time weekly wages of the injured employee shall be used, except as otherwise provided in subsections (4) and (5) of this section.” . Carillon Hotel v. Rodriguez, Fla.1960, 124 So.2d 3 , quoting F.S. § 440.25, F.S.A

...er and his order was affirmed by the full commission. The order of affirmance was based on the theory that an award does not become “due” within the meaning of Sec. 440.20(6) until the order becomes “final” pursuant to the provisions of Sec. 440.25(4)....

...Therefore, it concludes that since the award was paid within the 20 day period provided in the latter section, there was no basis for the imposition of the additional compensation provided for in Sec. 440.20(6).' We cannot agree with the theory of the full Commission. ‘Section 440.25(4), supra, specifying when the award becomes final has to do only with the matter of review of the order and does not determine when the award becomes due....

...Hansford /s/ Deputy Commissioner.” The full commission entered an order, 8 September 1954, dismissing the application because twenty-one days had elapsed between the date the order of the deputy commissioner was mailed and the date of the presentation of the application. The commission cited Section 440.25(4), Florida Statutes 1953, and F.S.A., which provides that “The compensation order rendered by the deputy commissioner shall become final twenty days after the date copies of same are mailed to the parties at the last known address o...

...party shall make and file with the commission at Tallahassee an ap *488 plication for a review thereof by the full commission.” (Italics supplied.) The petitioner, in his challenge of the dismissal order, seeks comfort in the preceding subsection, 440.25(3) (c), Florida Statutes 1953, and F.S.A., requiring that an order rejecting or approving a claim be filed in the office of the commission at Tallahassee and be mailed to the claimant and the employer “with the date of mailing noted thereon....

...neither vacated nor appealed within 30 days after it was mailed to the parties. The JCC ultimately did enter an order purporting to vacate the abbreviated final order, but by that time, the abbreviated order had already become final by operation of section 440.25(5)(a), Florida Statutes (2002)....

Fla.Stat. (1977) authorize such examinations; section 440.25(6) Fla.Stat. (1977) requires injured employees

...4 B.L. THOMAS, J. Dunkin Donuts and Liberty Mutual Insurance Company appeal from a final workers’ compensation order by the Judge of Compensation Claims. Appellants challenge the JCC’s denial of their motion to continue the final hearing. Section 440.25(4)(b), Florida Statutes, states, “Except as set forth in this section, continuances may be granted only if the requesting party demonstrates to the judge of compensation claims that the reason for requesting the continuance arises fr...

...(2019) (requiring a compensable accident be the MCC of any “resulting injuries”). 3 major contributing cause of Appellee’s condition and need for treatment and awarded Appellee the requested benefits. Section 440.25(4)(b), Florida Statutes (2019), provides the JCC wide discretion to decide whether to continue a case, but it also limits that discretion to instances where the circumstances necessitating the request for continuance are beyond the req...

...Having determined that the circumstances necessitating the continuance were not within Appellants’ control, we next address the JCC’s ultimate denial of the Appellants’ motion. Because the JCC determined that a continuance was unavailable as a matter of fact pursuant to section 440.25(4)(b), the JCC technically did not determine whether to exercise his discretion to grant the motion. But the record demonstrates that, under the circumstances, the only reasonable decision should have been to grant the motion. Appellan...

...able injury. In the order, the Judge of Industrial Claims did not state whether the award was based on a finding of a permanent impairment or of loss of wage earning capacity. If the finding was based on permanent impairment, it is erroneous because Section 440.25(3)(b), Florida Statutes (1978), which was in effect at the time of this industrial accident, prohibits the Judge from making a finding of a degree of physical impairment that is greater than the greatest permanent impairment rating given by a physician....

...Clearly, collateral estoppel would not apply to preclude the trial court from making its own factual determinations for the reason that the JCC lacks jurisdiction over claims under section 440.205. ( See, e.g., Smith v. Piezo, 427 So.2d at 185; see also Fla. Stat. § 440.25(1); Fireman's Fund Ins....

order was never raised before the JCC within the § 440.25(4)(a), Fla.Stat., time available for correction)

...A copy of the application shall be served on counsel for each party and a copy upon any party not represented by counsel. Failure to serve a copy of the application as required shall be grounds for a continuance or cancellation of the hearing. *900 Comment — 1984 Revision: Implements section 440.25(3)(a), Florida Statutes....

...(b) 1984 Revision: Conforms nonpro-secution time period to civil practice period of one year. RULE 4.141 MOTION FOR REHEARING: VACATING, AMENDING ORDER OF DEPUTY COMMISSIONER, (a) Rehearing. Any party may file with the Deputy Commissioner a motion for rehearing directed to an order not yet final by operation of Section 440.25, Florida Statutes....

...*902 The filing of such motion does not toll either the time within which an order becomes final or the time within which an appeal may be filed. (b) Amending, Vacating Orders. At the Deputy Commissioner’s discretion, an order not yet final by operation of Section 440.25 may be either vacated or amended at either the Deputy’s own initiative or pursuant to motion for rehearing. Grounds for vacating an order may include circumstances in which it appears to the Deputy that due consideration of a motion for rehearing may not be practicable within the time remaining under Section 440.25, Florida Statutes....

...Appellees move to dismiss the appeal in this workmen’s compensation proceeding on the ground that the appeal is untimely, having been taken within 30 days after the order of the judge of industrial claims was entered, Chapter 79-312, Section 14, Laws of Florida, 1 but not within 20 days, Section *CXXX 440.25(4)(a), Florida Statutes (1978 Supp.)....

...0 days from September 20, 1979. See Mazda Motors of America v. S. C. Henderson & Sons, 364 So.2d 107 (Fla. 1st DCA 1978). The motion to dismiss is DENIED. MILLS, C. J., and ROBERT L. SMITH, Jr., and SHIVERS, JJ., concur. . Chapter 79-312 amended Section 440.25 to provide in new subsection (f): Beginning on October 1, 1979 procedures with respect to appeals from orders of deputy commissioners shall be governed by rules adopted by the Supreme Court. Such an order shall become final 30 days after mailing of copies of such order to the parties, unless appealed pursuant to such rules. The provisions of paragraphs (a)-(e) shall apply only until September 30, 1979. . Section 440.25(4)(a) provided before the 1979 amendment: The compensation order rendered by the judge of industrial claims shall become final 20 days after the date copies of same are mailed to the parties at the last known address of each, unless wi...

appellants have failed to post the bond required by section 440.25(5)(c), Fla.Stat. (Supp.1994), or demonstrate

...ction of the law, and ordered payment of attorney’s fees of $300 for services in behalf of claimant on the review by the Commission of the order relieving claimant of the cost of transcript. We review here the order entered by the Commission. F.S. section 440.25(4) (b), F.S.A....

...butions to the fund established and administered pursuant to Sections 440,50 and 440.51, F.S. Our conclusion as announced above is buttressed by the history of Rule 6(c) considered in relation to relevant legislation. In 1953 the Legislature amended Section 440.25(4) with the result that the responsibility for the physical preparation of the transcript of proceedings and of the filing of the record in workmen’s compensation cases was made the obligation of an appellant instead of the Deputy Commissioner....

...such power is conferred initially, we think it permissible to interpret such acquiescence in this case as recognition by the Legislature of the scope of the rule-making power vested by it in the Commission. The Legislature in Sections 440.-29(2) and 440.25(4) (b), gave the Commission rule-making power respecting the making up of transcripts and thereunder the Commission by the exception made to Rule 6(b) by Rule 6(c) prescribed a reasonable classification of those appellants unable to pay in whole or in part the costs of preparing transcripts of record....

period before the order became final under Section 440.-25(4)(a), Florida Statutes (1985). Compare e.g

procedure prescribed in respect of claims in § 440.-25 and in accordance with such section, issue a new

...ected to the effects of her industrial injury, or that claimant is unable to perform any of the jobs that she left, or that claimant has undertaken a good faith job search and is unable to find higher paying employment due to her restrictions. *1379 Section 440.25(3)(e), Florida Statutes (1989), provides that orders of compensation “shall set forth the findings of ultimate facts and the mandate.” On the authority of this statutory requirement, it has been necessary on occasion for this court...

Section 3.10 drew its rule-making authority from Section 440.-25(1), Ch. 79 — 10, Laws of Florida,3 and provides

...■ Analysis ■ Wé agree with both parties that the JCC went beyond the scope of the issues before her when she essentially denied the additional IBs sought in the third petition, despite having also reserved jurisdiction (creating an inconsistency). The JCC should have reserved jurisdiction over these issues. See § 440.25(2), Fla....

...ER CURIAM. We have for review by petition for writ of certiorari an order of the Industrial Relations Commission reversing a decision of a Judge of Industrial Claims on the sole basis that it was not entered within the thirty-day period specified in Section 440.25(3)(b), Florida Statutes....

...Claimant appeals a workers’ compensation order granting employer/carrier’s motion to vacate an order entered 19 days earlier approving a joint petition settlement. We affirm because the prior order had not become a final order under the terms of § 440.25(4)(f), Florida Statutes (1979), and no appeal had been taken....

...Pensacola Tractor, 384 So.2d 156 (Fla. 1st DCA 1980), cert. den., 384 So.2d 159 (Fla.1980), and Morgan Yacht v. Edwards, 386 So.2d 883 (Fla. 1st DCA 1980). We note that the vacating order was entered after a hearing held with less than 15 days’ notice. While § 440.25(3)(a) requires 15 days’ notice, the deputy has discretion to schedule a hearing on shorter notice in appropriate circumstances....

...2 In the cases relied on by the E/C, there was no indication that a bona fide dispute concerning benefits existed. Those cases are, therefore, inapplicable. Where there is a dispute concerning entitlement to benefits, the JCC has full power and authority to hear such claims. See § 440.25(1), Fla....

...On 2 August 1985, the employer filed a motion to transfer the file to the appropriate venue; namely, Palm Beach County where Jaime’s accident occurred. By order of 21 August 1985 the motion was denied. The question of proper venue is controlled by Section 440.25(3)(b), Florida Statutes (1983), which mandates in pertinent part: The hearing shall be held in the county where the injury occurred, if the injury occurred in this State, unless otherwise agreed to between the parties and authorized by the deputy commissioner in the county where the injury occurred....

...Further, it was error for him to find the employer had acquiesced in the venue of the case residing in Dade County because too much time had elapsed between the filing of the claim and the filing of the motion to transfer venue to the appropriate county. Section 440.25(3)(b) makes no mention of any waiver provision, nor has case law expanded the statute to provide for such....

...he claimant, despite contradictory testimony by the treating physician. 1 REVERSED AND REMANDED, to the deputy commissioner for further findings as directed by this opinion. *1244 ERVIN, LARRY G. SMITH and SHIVERS, JJ., concur. . A statutory change, Section 440.25(3)(b), Florida Statutes (1978), although not applicable in this case, prohibits a finding of physical impairment greater than the highest permanent impairment rating given by a physician....

DREW, Justice. The petition for certiorari in this case controverts an order of the Industrial Commission affirming an award of compensation for temporary total disability and medical care. Petitioner contends that F.S. Sec. 440.25(1), F.S.A., 1 providing for filing of claims seven days after injury, should be *736 applied to void the claim filed by respondent four days after injury....

...ary compensation benefits, Section 440.12(1) of the Act requires the employer and/or carrier to provide the employee with medical care and attention in accordance with the provisions of Section 440.-13(1) of the Act. When one views the provisions of Section 440.25(1) of the Act in light of the provisions of Section 440.12(1) of the Act, it would appear that one of the' functions of the 7 day waiting period contained in Section 440.25(1) of the Act is to give to the employer an opportunity to voluntarily provide the injured employee with medical care and attention and to voluntarily pay to the injured employee temporary total disability compensation benefits, thereby making it unnecessary for the injured employee to file a Claim for compensation benefits and medical, care. However, when an employer does, within the 7 day waiting period contained in Section 440.25(1) of the Act, advise the injured employee that it does not have workmen’s compensation insurance coverage and that the employee will have to pay all of the medical expenses incurred by him as a result of a compensable injury, the employer does, in effect, decline to voluntarily accept the claim of the injured employee, thereby entitling the injured employee to immediately file with the Florida Industrial Commission a written claim for compensation benefits. “Section 440.25 of the Act is entitled ‘Procedure in Respect to Claims’ and I find that Section 440.25(1) of the Act is procedural and not jurisdictional. * * * even if the Employee has been guilty of a procedural error in filing his Claim for compensation benefits during the 7 day waiting period contained in Section 440.25(1) of the Act, the Employer and/or Carrier has not been adversely affected and/or prejudiced by the said procedural error; and that, therefore, the Florida Industrial Commission has jurisdiction of the parties hereto and of the subject matter hereof....

...nt value from the proceeds of the third party lawsuit. In addition to the trial court’s order being erroneous on that basis, the carrier argues that the court’s decision encroaches upon the exclusive jurisdiction of the deputy commissioner under section 440.25(1), Florida Statutes, with respect to the employee’s entitlement to future medical benefits under the Workers’ Compensation Law....

...As Rule 16(a), Fla.W.C.R.P., requires that the notice of appeal be accompanied by a $50 filing fee, an indigent appellant wishing to avoid that payment must submit the appropriate motion and affidavits to the deputy at the time of filing the notice of appeal. Compared to the more detailed petition required by section 440.25(4)(b), typically filed at a later time not to avoid all payment of a filing fee but to secure its payment or reimbursement, with substantial record costs, from the Workers’ Compensation Trust Fund, the affidavits of in-digency required by section 57.081 may assert the statutory grounds in general terms....

...If the qualifying documents are facially sufficient, the deputy’s certificate should issue, stating that it is based solely on the documents filed and without prejudice to the more detailed examination of appellant’s indigency that may become necessary in any future proceedings under section 440.25(4)(b)....

...28 governing common law writs of certiorari. This Court in the case of Wilson v. McCoy Mfg. Co., Fla., 69 So.2d 659, 663 , adopted additional Rule 28(e), wherein it was provided: “ ‘(e) Orders of the Florida Industrial Commission entered pursuant to Section 440.25, Florida Statutes 1951, as amended by Section 8, Chapter 28241, Laws of Florida, Acts of 1953, shall be reviewed only by writ of cer-tiorari pursuant to Section 5, Article V of the Constitution upon a petition filed in this Court withi...

opinions of those two doctors. Appellants cite section 440.-25(3)(b), Florida Statutes (1983) and K-Mart Corp

...The employer and carrier rely on Florida Department of Corrections v. Carro, 410 So.2d 629 (Fla. 1st DCA 1982), to support their contention that the deputy erred in granting a permanent partial disability rating in excess of claimant’s 15% orthopedic impairment rating given by Dr. Ticktin. They argue that under section 440.25(3)(b), Florida Statutes (1978 Supp.), the deputy could not give an impairment rating greater than the 15% testified to by Dr. Ticktin without finding a diminution of wage-earning capacity in excess of 15%. Section 440.25(3) at the time of claimant’s injury provided: No judge of industrial claims shall either make a finding of, or award compensation for, a disability for physical impairment that is greater than the greatest disability given the claima...

...Since claimant has two separate impairments and there is medical testimony that each impairment constitutes at 15% permanent partial disability, the deputy as the fact finder could find a permanent partial disability up to 30% of the body as a whole. The term “physical impairment” in section 440.25(3)(b) includes psychiatric conditions as well as orthopedic conditions. Racz v. Chennault, Inc., 418 So.2d 413 (Fla. 1st DCA 1982). The language in section 440.25(3)(b), Florida Statutes (1978 Supp.), that the disability shall not be greater than that given claimant by “any” examining or treating physician does not mean that the deputy is foreclosed from combining the disability ratings of t...

...cretion to allow further time and the motion to dismiss for lack of prosecution should have been granted. The Schneider case, supra, does not require a contrary result. That case involved Florida' Industrial Commission Rule 6(a) and Florida Statute' § 440.25(4), F.S.A....

...hall: (1) be filed with the Division; (2) contain names and addresses of the employer and employee; (3) contain a statement of the time, date, place, nature and cause of the injury; and (4) contain specific details of the benefits alleged to be due. Section 440.25(1) provides that a claim is to be filed with the Division “at any time after a notice to controvert is filed by the employer or carrier or at any time after a specific benefit becomes due and is not provided.” See Ridge Pallets, Inc....

...440.20(4, 5) above, setting out the scope and procedures of the initial hearing before the Deputy Commissioner. The Deputy Commissioner is not only authorized, but is charged with the *783 duty, to make a full investigation 'of the merits of the claim. Section 440.25 explicitly provides that the employer is an interested party, is entitled to notice, and is expressly given the right to be represented and to present evidence in opposition to the claim....

...e provisions of chapter 440, Florida Statutes. Committee Notes 1995 Adoption. This rule recognizes an alternative dispute process other than that expressed in chapter 440, Florida Statutes. RULE 4.027. VENUE (a) Generally. Venue shall be governed by section 440.25(4)(d), Florida Statutes....

...This replaces rule 2(h), 1977 W.C.R.P., which merely provided “ ‘Service’ shall be as provided in the Florida Rules of Civil Procedure.” Subdivision (c) replaces rule 3(b), 1977 W.C.R.P. The caveat to the filing of appellate proceedings is to warn of the jurisdictional nature of section 440.25(4)(f), Florida Statutes (1979), which provides: Beginning on October 1, 1979, procedures with respect to appeals from orders of deputy commissioners shall be governed by rules adopted by the Supreme Court....

...Committee Notes 1995 Adoption. Replaces rule 4.100, but includes many of the provisions of the previous rule. Requires a .judge of compensation claims to schedule a pretrial hearing after receipt of a mediator’s report declaring an impasse as per section 440.25(4)(a), Florida Statutes....

...epresented-by-counsel. Failure-to serve a copy of-the application as required shall-be-grounds-for a continuance or cancellation of the hearing. Committee Notes 1979 Adoption. This replaces rule 7, 1977 W.C.Rd?. — It is derived- substantially from section 440.25(3)(a), Florida-Statutes-(197-9)y which again emphasizes “the-specifio-benefit due and-not paidd? — This clearly-p'oints-up one of the-many differences between civil proceedings-generally, and workers-eompen-sa&on:— [that] fro...

...The order shall be-signed by the judge of compensation claims and shall include a-certificate of-service to all parties and counsel of record- Committee Notes 1979-Adoption, Thls^replaces rule 8,1977 W.C.RJP. It, too, is derived-sufestantially from section 440.25(3)(a), Flor-ida Statutes — (4979).-Note that the deputy shall give- the notice....

...certified mail. — The' Rules ■ Committee of the Workers’ Compensation Section is of-the opinion^ that the requirement that the-hearing notice be sent by certified mail should-be retained for two reasons. — In the first instance,-the statute, section 440.25(3)(a), Florida Statutes, requires notice by-eertifled mail, and, secondlyy-this provision is viewed as-one which-^rovides at least-a minimum-level of procedural due process....

...& — (b) The portion ■ of this-rule which the rules-eemmittee of the-section-recommends be removed was- in-conflict with the wording of rule-14, which has been tr-ansplantedr in toto, tequie 8(b). 1981 Amendment, — Conforms hearing-notice requirements — to—section -440.25(-8)(a),' Florida- Statutes, as amended-to delete-requirement of certified mail sendee, and provides clarification of time periods-involved to the effect that-aninimum 15 days’ notiee is measured from the date notice is mailed.- 1988 Amendmen...

...orm to Dodson v.-Persell, 390 So-.2d 704 (F-la-.1980).- RULE 4.095. EMERGENCY CONFERENCES (a) Generally. An emergency conference may be held if there is a bona fide emergency involving the health, safety, or welfare of an employee as provided for in section 440.25(4)(h), Florida Statutes....

...— Deletes---requirement-of—notice-of pretrial by-order- RULE 4.105. EXPEDITED HEARINGS (a) Generally. If a petition filed in accordance with section 440.192, Florida Statutes, involves a claim or petition of $5,000 or less, excluding attorney fees and costs, it may be considered for resolution under section 440.25(4)(j), Florida Statutes. (b) Application for Expedited Hearings. On written application of one party or by stipulation, any claim or petition filed in accordance with section 440.192, Florida Statutes, may be resolved under section 440.25(4), Florida Statutes....

...(i) Posthearing Evidence. Posthearing evidence shall be considered in the same manner as provided in rule 4.085, Committee Notes 1995 Adoption. This rule codifies the procedure to follow when requesting a 30-min-ute expedited hearing as authorized by section 440.25(4)(j), Florida Statutes, for claims of $5,000 or less, or if stipulated to by the parties....

...(2) The order shall be signed by the judge and shall include a certificate of service to all parties and counsel of record. (b) Amending or Vacating Order. (1) A judge may, at his or her own discretion or pursuant to a motion for rehearing, vacate or amend an order not yet final pursuant to section 440.25, Florida Statutes....

...*655 RULE 4.141. MOTION FOR REHEARING; VACATING OR AMENDING ORDER -QF-JUDGE OF COMPENSATION CLAIMS; RULE-NISI (a) Rehearing. — Any party-may-file-with-the judge -of-compensation claims a motion for rehearing directed to-am-order-not yet final by operation-of-section 440.25, Florida Statutes....

...ally. A motion for rehearing shall state specifically the grounds on which it is based and should not be used to reargue issues already determined. A motion for rehearing may be filed only within 20 days from the date of an order not yet final under section 440.25, Florida Statutes....

...ss otherwise ordered by the presiding judge. (e) Effect on Petitions or Claims. Mediation shall not preclude or be cause for delay in the prosecution of a petition or claim nor prevent the scheduling and attendance at hearings thereon as required by section 440.25, Florida Statutes, unless otherwise ordered by the presiding judge....

...an 3 days before the scheduled conference. (d) Mediator. The initial mandatory mediation conference required to be held under section 440,25(1), Florida Statutes, shall be conducted by a mediator or adjunct mediator employed by the chief judge under section 440.25(3), Florida Statutes....

...Subdivision (c) also permits filing the motion to waive with the presiding judge who shall then forward the motion to the chief judge for consideration. Subdivision (d) contemplates that the mandatory mediation shall be conducted by the mediator or adjunct mediator employed by the chief judge under section 440.25(3), Florida Statutes, without charge to the parties....

...Any substitution of the mediator requires approval by the presiding judge. RULE 4,330, GENERAL PROVISIONS (a) -Definitions, — The following definitions apply to workers’ compensation- mediation-, unless-the-context-or-subject matter otherwise requires: (1) “Mediation” is-a- process authorized by section 440.25(3), Florida Statutes, whereby-a mediator-acts to enceurage-and facilitate the resolution of a workers’ compensation-dispute or claim between 2 or-more parties by assisting-the parties in reaching- a mutually acceptable-and voluntary agreement, thereby dispensing with the need for judicial determination by trial. *661 (2) “Mediator” is the person appointed by the chief judge in-accordance with the provisions of section 440.25(3-)(b-)l, Florida Statutes, to conduct a mediation-conference....

...REQUEST FOR OR REFERRAL TO SUBSEQUENT MEDIATION (a) ApplicationRequest for Subsequent Mediation. A mediation con-ference-may-be requested by- any — interested party, at any time-following a claim up to 60 days-prior-to-a — hearing scheduled pursuant to — section-440.25(3)(c), Florida Statutes....

...n conference at any time following the filing of a petition under section 440.192, Florida Statutes, or any other claim subject to adjudication by a judge. The request shall be made on or before 45 days prior to a final hearing scheduled pursuant to section 440.25(4)(a), Florida Statutes....

...on* (e) Effect on Claims for Benefits. — Mediation shall not preclude or-delay the prosecution-of a claim for benefits -nor prevent-the filing -of an applioation for-hearing and the scheduling and attendance at hearings-thereon — as- required by section 440.25, Florida Statutes* Committee Notes 1995 Amendment....

...he issues in the pending workers’ compensation claim or petition. (2) If the parties cannot agree on a mediator within 10 days of the order of referral, the judge shall appoint a mediator or adjunct mediator employed by the chief judge pursuant to section 440.25(3), Florida Statutes, in the district in which the matter is pending- lb) Mediator Fees. (1) Mediations conducted by a mediator or adjunct mediator employed by the chief judge under section 440.25(3), Florida Statutes, shall be at no cost to the parties. (2) When the mediator selected by the parties and approved by the judge is one other than a mediator or adjunct mediator employed by the chief judge under section 440.25(3), Florida Statutes, the amount and method of payment of the mediator fees shall be agreed upon between the parties, or their attorneys, and the mediator....

...sation 2728 Centerview Dr., Suite 220, Forrest Building Tallahassee, FL 32399-0685 FORM 4.9085. NOTICE OF MEDIATION CONFERENCE AND ORDER [For caption and style of pleadings see Form 4.901.] NOTICE OF MEDIATION CONFERENCE AND ORDER In accordance with section 440.25(1), Florida Statutes, 1994, and Florida Rules of Workers’ Compensation Procedure 4.300-4.380, a mediation conference will be held be-fore_, Mediator, at.(location of hearing).in the above case on: DATE:TIME: 1....

...delivery on the parties, if unrepresented, and counsel at the address written above on, 19 Assistant to the Judge of Compensation Claims FORM 4.909. NOTICE OF FINAL HEARING AND PRETRIAL CONFERENCE [This form should be used for final merit hearings. Section 440.25(3-)(-b)2(4)(a), Florida Statutes, mandates a pretrial hearing in all cases.] [For caption and style of pleadings see form 4.901] NOTICE OF FINAL HEARING AND PRETRIAL CONFERENCE TO THE PARTIES, IF UNREPRESENTED, AND COUNSEL ADDRESSED: As authorized under section 440.25(34), Florida Statutes, and Florida Rules of Workers’ Compensation Procedure 4;080(a)4.045 and 4.1004.085, a trial (final -hearing) and a-pretrial hearing and a trial (final hearing) will be held in this claim. If the total benefits claimed in the petition are $5,000 or less, the claim is subject to the expedited dispute resolution process of section 440.25(4)(j), Florida Statutes....

...ge of Compensation Claims THIS IS THE ONLY NOTICE OF HEARING AND PRETRIAL CONFERENCE YOU WILL RECEIVE. FORM 4.9091. APPLICATION FOR EXPEDITED HEARING [For caption and style of pleadings, see form 4.901.] APPLICATION FOR EXPEDITED HEARING PURSUANT TO SECTION 440.25(4)(i), FLORIDA STATUTES The (claimant) (employer/carrier/servicing agent) (applies) (apply) for an expedited hearing pursuant to section 440.25(4)(j), Florida Statutes, and show(s) the court as follows: L A petition for benefits is properly pending before this court, having been filed on_....

...Past medical charges in issue: ÍD_£ m_£ (iii)I£ Total:£ B. Compensation in issue: (i) TTD/TPD:_to_ _£ (ii) W/L:_to_ 1 Total:£ C. Other (excluding costs and attorney fees): ii)_£ m£ Total:£ D. Total-amount in controversy: $_ 4. The issues presented in this cause are proper for expedited hearing under section 440.25(4)(j), Florida Statutes. 6. The opposing party (has) (has not) been contacted and (does) (does not) agree to an expedited hearing. 6. If the amount in controversy exceeds $5,000 and the parties agree to expedited dispute resolution under section 440.25(4)(j), Florida Statutes, both parties, or their counsel, must sign this application....

...Attorney for Applicant FORM 4.9092. NOTICE OF EXPEDITED HEARING AND ORDER [For caption and style of pleadings, see Form 4.901.] *693 NOTICE OF EXPEDITED HEARING AND ORDER TO THE PARTIES. IF UNREPRESENTED, AND COUNSEL ADDRESSED: As authorized under section 440.25(4)Ci), Florida Statutes, and Florida Rule of Workers’ Compensation Procedure 4.105, an expedited hearing will be held in this matter....

...(4) State Agencies: Waiver of Costs. Any self-insured state agency, including the Division of Workers’ Compensation or the Special Disability Trust Fund, need not deposit the estimated costs. Your attention is called further to rule 4.180(g) and section 440.25(45)(b), Florida Statutes, and rule 4.180(f)(2), which together provides: (gf) Relief From Filing Fee and Costs: Indigency....

...The lower court’s dismissal of the application for rule nisi is reversed and remanded for an award of interest. REVERSED and REMANDED. COBB and HARRIS, JJ., concur. . § 440.24, Fla.Stat. (1991). . The parties agree that the award was entered on January 14, 1992. . Section 440.25(4)(a), Florida Statutes, provided: [The order of a judge of compensation claims] shall become final 30 days after mailing of copies of such an order to the parties, unless appealed pursuant to such rules....

...efit which is due but has not been paid or is not being provided. Any claim, or portion thereof, not in compliance with this subsection shall be subject to dismissal upon motion of any interested party, the division, or the deputy commissioners. Cf. § 440.25(1) Fla.Stat....

...represented by counsel. Failure to serve a copy of the application as required shall be grounds for a continuance or cancellation of the hearing. Committee Notes 1979 Adoptions. This replaces Rrule 7, 1977 W.C.R.P. It is derived substantially from ^section 440.25(3)(a), Florida, Statutes (1979), which again emphasizes “the specific benefit due and not paid.” This clearly points up one of the many differences between civil proceedings generally, and workers’ compensation— fthatl from the...

...This change would keep the Ddivision, the agency which is involved in various stages of the management of workers’ compensation cases, apprised of the status of the case, and informed of the reason for the Ddeputy’s continued possession of the file. 1984 RevisionsAmendment. Implements section 440.25(3)(a), Florida Statutes....

...The order shall be signed by the Deputy Commissionerjudge of compensation claims and shall include a certificate of service to all parties and counsel of record. Committee Notes 1979 Adoption?. This replaces Rrule 8, 1977 W.C.R.P. It, too, is derived substantially from $section 440.25(3)(a), Florida, Statutes (1979)....

...MOTION FOR REHEARING,; VACATING, OR AMENDING ORDER OF DEPUTY COM-MISSIQNERJUDGE OF COMPENSATION CLAIMS; RULE NISI (a) Rehearing. Any party may file with the Deputy Commissionerjudge of compensation claims a motion for rehearing directed to an order not yet final by operation of Ssection 440.25, Florida Statutes....

...The filing of such motion does not toll either the time within which an order becomes final or the time within which an appeal may be filed. *437 (b) Amending, Vacating Orders. At the Deputy Commissioner’sjudge of compensation claims’ discretion, an order not yet final by operation of Ssection 440.25, Florida Statutes, may be either vacated or amended at either the Deputy-Cemmission-e^judge of compensation claims’ own initiative or pursuant to a motion for rehearing. Grounds for vacating an order may include circumstances in which it appears to the Deputy Commissionerjudge of compensation claims that due consideration of a motion for rehearing may not be practicable within the time remaining under Ssection 440.25, Florida Statutes....

...Before the record on appeal is transmitted to the district court, the judge and the district court have concurrent jurisdiction to enter orders on procedural matters. Committee Notes 1979 Adoptiom. This replaces Rrule 14, 1977 W.C.R.P. ft derives, in part, from ^section 440.25(4)(f), Florida* Statutes (1979); and Rrules 9.040(g), 9.110(b), and 9.900, Florida Rules of Appellate Proce-dure7 (1979)....

...and all equally appealable. This is not only necessitated by the nature of a workers’ compensation case but also is required by the Sstatute and the existing rules which allow claims and trials of only the matured issues. (See in this regard ©Sr section 440.25, Florida Statutes, and existing Workers’ Compensation Rule of Procedure 7.) This of course is different from other sorts of personal injury litigation in which the matter is tried at one time, and all issues are presented....

...Orders entered under this rule by the judge shall be subject to review by the district court. District court orders under this rule are subject to review by the supreme court. Committee Notes 1979 Adoption;. This replaces Srule 15, 1977 W.C.R.P. ^Sections 440.27(2) and ⅜ 440.25(4)(a), Fla.Stat.,Florida Statutes (1979), were the statutory foundations through September 30, 1979....

...re. PART C. MEDIATION PROCEDURES RULE 4.330. GENERAL PROVISIONS (a) Definitions. The following definitions apply to workers’ compensation mediation, unless the context or subject matter otherwise requires: (1)"Mediation" is a process authorized by section 440.25(3), Florida Statutes, whereby a mediator acts to encourage and facilitate the resolution of a workers’ compensation dispute or claim between 2 or more parties by assisting the parties in reaching a mutually acceptable and voluntary agreement, thereby dispensing with the need for judicial determination by trial. (2) “Mediator” is the person appointed by the chief judge in accordance with the provisions of section 440.25(3)(b)l, Florida Statutes, to conduct a mediation conference....

...es and claims. *456 RULE 4.340. REQUEST FOR OR REFERRAL TO MEDIATION (a) Application for Mediation. A mediation conference may be requested by any interested party, at any time following a claim up to 60 days prior to a hearing scheduled pursuant to section 440.25(3)(c), Florida Statutes....

...recommendation. (e)Effect on Claims for Benefits. Mediation shall not preclude or delay the prosecution of a claim for benefits nor prevent the filing of an application for hearing and the scheduling and attendance at hearings thereon as required by section 440.25, Florida Statutes....

...d, and counsel at the addresses written above on _, 19_ Assistant to the Deputy Commissioner Judge of Compensation Claims FORM 4.909. NOTICE OF FINAL HEARING^DOCKET OF CASES AND PRETRIAL CONFERENCE [This form should be used for final merit hearings. Section 440.25(3)(b)2, Florida Statutes, mandates a pretrial hearing in all cases.l fFor caption and style of pleadings see form 4.9011 NOTICE OF FINAL HEARING AND PRETRIAL CONFERENCE TO THE PARTIES, IF UNREPRESENTED, AND COUNSEL ADDRESSED: Pursuant-to-the - attached schedule. As authorized under section 440.25(3), Florida Statutes, and Florida Rules of Workers’ Compensation Procedure 4.080(a) and 4.100, a Ttrial (Ffinal Shearing) and a Ppretrial Proceedinghearing will be held in this Cclaim....

...(4) State Agencies: Waiver of Costs. Any self-insured state agency, including the Division of Workers’ Compensation or the Special Disability Trust Fund, need not deposit the estimated costs. Your attention is called further to rule 4.180(g) and section 440.25(4)(b), Florida Statutes, which together provide: (g) Relief From Filing Fees and Costs: Indigency....

...ion Procedure in the instant case will also constitute our quadrennial review of the rules pursuant to rule 2.130(c) of the Florida Rules of Judicial Administration. . Ch. 440, Fla.Stat. (1991). . We have jurisdiction. Art. V, § 2(a), Fla. Const. . § 440.25(3), Fla.Stat....

...Section 440.19, Florida Statutes (1987), “Time and procedure for filing claims,” provides in pertinent part: (1)(d) Such claim shall be filed with the division at its Tallahassee office and shall contain the names and addresses of the employer and employee,.... Section 440.25, Florida Statutes (1987), “Procedure in respect to claims and hearing requests,” provides in pertinent part: (2) Within 10 days after such a claim is filed, the division, ......

...Miami Roofing & Sheet Metal Co., Fla.1955, 79 So.2d 785 ; University of Miami v. Matthews, Fla.1957, 97 So.2d 111 . . F.S. § 440.29(1), F.S.A., . Hough v. Menses, Fla.1957, 95 So.2d 410 ; Chambers v. Chambers, Fla.App.1958, 102 So.2d 171 . . F.S. § 440.25(3) (b), F.S.A....

...expert”—and, as such, is limited to a witness fee of $200 per hour. Section 440.13(9)(a) requires that “the qualifications, training, impartiality, and commitment of the health care provider” be considered in identifying physicians to serve as EMAs. Sections 440.13(9)(b) and section 440.25(4)(d) anticipate that EMAs may provide “testimony” to the JCC. In addition, section 440.25(4)(d) goes on to provide that “the testimony of the [EMA] shall be admitted into evidence ....

...s are read together, we conclude that Dr. Rozencwaig is a health care provider; thus, his fee for deposition testimony is limited to $200 per hour as required by the plain language of section 440.13(10). Accordingly, nothing in sections 440.13 or 440.25 supports the JCC’s conclusion. Case law further supports this view....

seven months after the final hearing. Although Section 440.-25(3)(b), Florida Statutes (1987), provides that

...Amax Chemical Corp., 543 So.2d 277 (Fla. 1st DCA 1989). We affirm as to issues I and III. The record demonstrates that there was competent substantial evidence on which the hearing officer could have determined that notice was given to the carrier in accordance with the requirements of section 440.25(3)(a), Florida Statutes, and rule 4.080, Florida Workers’ Compensation Rules of Procedure....

...ultimate facts precludes intelligent judicial review of the award. *845 We agree with the parties. Accordingly, the deputy’s order is reversed and this cause is remanded to the deputy to make findings of fact and conclusions of law in accord with section 440.25{3)(c), Florida Statutes....

but apparent conclusion of the majority that § 440.-25(3)(b), Florida Statutes, is a procedural statute

ALLEN, J. The appellants are attempting to appeal a workers’ compensation order entered after an emergency conference under section 440.25(4)(h), Florida Statutes....

...No oral argument was requested or heard, and after consideration of the petition, the record and briefs, we conclude the petition should be, and it is, hereby denied. Petitioner failed to comply with Rule 6 of the Rules of Procedure and the provisions of F.S. Section 440.25(4) (b) F.S.A....

...Before disposing of this matter we deem it advisable to observe that although the full Commission did review in the instant case 1 the interlocutory order entered by the Deputy, we do not find in Chapter 440, Florida Statutes, F.S.A., any authority for review by that body of such an order. Section 440.25(3) (c) reads: “The order rejecting the claim or making an award (■referred to in this chapter as a compensation order) shall set forth a statement of the findings of fact and other matters pertinent to the questions at issue and shall be filed in the office of the commission at Tallahassee. * * *(Italics supplied.) We quote again from Section 440.25(4) (a) : “The-compensation order rendered by the deputy-commissioner shall become final twenty days after the date copies of same are mailed to the parties at the last known address of each, unless within said time any interested par...

...red pursuant to § 44025 shall be subject to review only by petition for writ of certiorari to the supreme court. * * * ” (Italics supplied.) This is the only statutory provision for review by the Supreme Court of orders entered by the Commission. Section 440.25 does not authorize the commission to review interlocutory orders rendered by a deputy commissioner....

PER CURIAM. DISMISSED. Section 440.25(4)®, Florida Statutes (2003)....

...This is an appeal from an order of a judge of compensation claims which denied the appellant employer/carrier’s motion to vacate an Amended Order of March 20, 1990. The motion asserted lack of jurisdiction on that date to alter the substance of the original February 9 order under § 440.25(4)(a), Florida Statutes, providing *887 for finality of orders 30 days after mailing to the parties....

...permanent physical impairment,” as a predicate for the PTD claim, ultimately denied on other grounds. . Appellant accurately references prior rulings that: A Judge of Compensation Claims has no authority to vacate an order which has become final_ Section 440.25(4)(a), Florida Statutes, provides that a compensation order rendered by the Judge of Compensation Claims *888 shall become final 30 days after the mailing of copies of such order to the parties.......

PER CURIAM. By this petition for review, Peter Hall seeks to challengé certain rules promulgated by the Division of Workers’ Compensation pursuant to sections 440.19 and 440.25, Florida Statutes (1979)....

...Section 440.19(2)(d) sets forth the information that must be contained in a claim and states: “Any claim, or portion thereof, not in compliance with this subsection shall be subject to dismissal upon motion of any interested party, the division, or a deputy commissioner.” Section 440.25(1) states: (1) Subject to the provisions of 440.19, a claim for compensation may be filed with the division at its office in the City of Tallahassee in accordance with rules prescribed by the division at any time after a specific benef...

...Review of the hearing officer's proposed order by the agency head is mandatory. Section 120.57(1)(b)(8), (9), Florida Statutes (1975). In incompatible contrast, a Judge of Industrial Claims' order need only set forth findings of ultimate fact and the mandate. Other reasons or justifications are specifically not required. Section 440.25(3)(c), Florida Statutes (1975). Review of the order is not automatic; there is none unless a party provides a transcript. Section 440.25(4)(b), Florida Statutes (1975)....

...e. The employer, Town of Pembroke Park, appeals a compensation order which authorized surgery for the claimant McCarthy. We agree that the judge of industrial claims erred in failing to give the parties proper notice of the hearing as is required by Section 440.25(3), Florida Statutes (1977)....

...above cause has been reset for . . . May 10,1979 . . . .” By hand-delivered letter of May 9, 1979, FIGA’s attorneys notified the judge they objected to the May 10 hearing, which they had neither agreed to nor been notified of in accordance with Section 440.25(3), and that they would not attend. After the hearing, the judge ruled FIGA had waived the notice requirements in Section 440.25(3), and that proper notice was given once, after which the parties simply rescheduled the hearing....

...Sears Roebuck & Co., 693 So.2d 680 (Fla. 1st DCA 1997). Florida Rule of Workers’ Compensation Procedure 4.115(b)(2) therefore authorizes the JCC to vacate an order when “due consideration of a motion for rehearing may not be practicable before the order becomes final [pursuant to section 440.25, Florida Statutes].” However, the proper exercise of that authority requires that the order be vacated unconditionally and that a new order be entered once proceedings on rehearing are concluded, whereupon the time for instituting an appeal begins anew....

...The deputy provided no particulars in making his finding of no causal connection between claimant’s compensable injury and his lack of employment. This court has held on a number of occasions that a workers’ compensation order shall set forth findings of ultimate facts. § 440.25(3)(c), Fla.Stat....

...ion of fact the commission may at any time prior to two years after the date of the last payment of compensation pursuant to any compensation order, * * * review a compensation case in accordance with the procedure prescribed in respect of claims in § 440.25 and in accordance with such section, issue a new compensation order which may terminate, continue, reinstate, increase, or decrease such compensation, or award compensation....

...t a specific finding that a party or its attorney has willfully refused to comply with an order. See Hill v. Greyhound Lines, Inc., 988 So.2d 1250, 1252 (Fla. 1st DCA 2008) (reversing JCC’s dismissal of petitions based on claimant’s violation of section 440.25(3), Florida Statutes (2004), confidentiality privilege); Martinez v....

...As to Point 3, we agree with the appellants that the last hearing on the cause should not have been held where written notice was not received until only one day before the hearing. Although no new issues were explored or developed at the last hearing, appellants still had a right to full and adequate notice. § 440.25(3)(a), Fla.Stat....

...to have the transcript of proceedings filed for review. Notwithstanding the last order by the JIC *36 setting the date, the transcript was nevertheless filed late. Upon motion by respondent, the petition or application for review was dismissed. See § 440.25(4) (b), Florida Statutes....

...ut further opportunity to be heard. Florida Rule of Appellate Procedure 9.410." By notice of appeal filed December 21, 2009, Appellant seeks review of an order rendered June 19, 2007. Accordingly, we DISMISS this appeal for lack of jurisdiction. See § 440.25(5)(a), Fla....

entered within the 30-day period set forth in Section 440.-25(3)(b), Florida Statutes. The Commission’s order

Commission by any assignment of error, and under Section 440.-25(4) (a), Florida Statutes (1973), the Commission

...There is nothing peculiar about a modification proceeding under Section 440.28, Florida Statutes, F.S.A., that requires a different rule. In fact, the cited statute requires that the modification petition be processed according to procedures for processing an original claim. Section 440.25, Florida Statutes, F.S.A....

certified mail.” That rule is supplemented by Section 440.25(3)(a) (1980 Supp.), requiring the deputy commissioner

...Appellant argues that appellee is, therefore, bound by the finding of 20% permanent disability of the whole body and must pay benefits to appellant accordingly notwithstanding the pending appeal. We believe that this result is dictated by statutory and case law. Section 440.25(4)(a), Florida Statutes (1975) provides in part that: “The compensation order rendered by the judge of industrial claims shall become final twenty days after the date copies of same are mailed to the parties at the last known address...

...Hartford alleged that Robin Cleary was a partner of the insured, Brian A. Cleary, who had not elected coverage as required by the policy. Brian Cleary filed a motion to dismiss the complaint on the grounds that the circuit court lacked jurisdiction because section 440.25, Florida Statutes (1997), provides the exclusive procedure for resolution of workers’ compensation issues....

...al, and all equally appeala-ble. This is not only necessitated by the nature of a workers’ compensation case but also is required by the Statute and the existing rules which allow claims and trials of only the matured issues. (See in this regard F.S. 440.25 and existing Workers’ Compensation Rule of Procedure 7.) This of course is different from other sorts of personal injury litigation in which the matter is tried at one time, and all issues are presented....

...In view of the fact that no medical testimony or any other competent substantial evidence established any permanent impairment rating, that determination was error. See Escambia County Council on Aging v. Goldsmith, 500 So.2d 626 (Fla. 1st DCA 1986), in which this Court stated, en banc: Section 440.25(3)(b) specifies that “[n]o deputy commissioner shall make a finding of a degree of permanent impairment that is greater than the greatest permanent impairment rating given the claimant by any examining or treating physician, except u...

...with the Industrial Commission. . “[T]he commission shall consider the matter upon the record * * * and shall thereafter affirm, reverse or modify said compensation order, or remand the claim for further proceedings * * (emphasis added) Fla.Stat. § 440.25(4) (d), F.S.A.

...JCC was without jurisdiction to amend, vacate, or republish it at the time the E/C filed its “Motion for Clarification.” Stone & Webster Engineering Co. v. McCray, 377 So.2d 30 (Fla. 1st DCA 1979); Rule 4.141, Workers’ Compensation Rules; section 440.25, Fla.Stat....

...However, the respondent' employer does assert further that the findings of the deputy were insufficient to enable us to review the order. We have many times stressed the importance of adequate factual findings as an essential element óf the deputy’s order. Section 440.25(3) (c), Florida Statutes, F.S.A., makes it clear that the order shall contain “a statement of the findings of fact and other matters pertinent to the questions at issue * * In Hardy v....

...the department to assist in the resolution of a dispute arising under this chapter. This Court has acknowledged that IME provisions should not be applied in isolation but must be considered in light of other statutory processes. Cooper, 659 So. 2d at 340. Section 440.25(4)(d), Florida Statutes, further provides: When there is a conflict in the medical evidence submitted at the hearing, the provision of s....

...ms for 60 days for consideration of a proposed settlement agreement. Fla.Work.Comp. R.P. 4.160(j)(2). Contemporaneously, the judge may tax costs if appropriate. If any costs were previously borne by the Workers’ Compensation Trust Fund pursuant to section 440.25(4)(b), Florida Statutes (1991), the parties, to the proposed settlement agreement shall so notify the Division, and the Division shall have opportunity to be heard....

accomplished only upon full compliance with section 440.25(3)(b), Florida Statutes (1985), the applicable

...have, been brought to the attention of the deputy within the thirty-day statutory period before becoming final. E.g., Juma Construction v. Villaneuva, 437 So.2d 715 (Fla. 1st DCA 1983); Sunland Hospital v. Garrett, 415 So.2d 783 (Fla. 1st DCA 1982); § 440.25(4)(a), Fla.Stat....

error within the time available for correction. Section 440.25(4)(a), Florida Statutes (1978 Supp.); Mezquita

...compensation appeals. Although Fla.W.C.R.P. 4.141(b) empowers a deputy commissioner to vacate or amend an order on his own initiative or on motion of a party, there is no such power with respect to an order which has become “final by operation of Section 440.25, Florida Statutes.” Section 440.25(4)(a) provides that the deputy’s order “shall become final 30 days after mailing of copies of such order to the parties, unless appealed pursuant to such rules.” Fla.W.C.R.P....

...and its workers’ compensation insurance carrier, RSKCO (Appellants) appeal an order of the Judge of Compensation Claims (JCC) awarding attorney’s fees. We hold, for purposes of this case, that Appellee’s filing of'his Motion for Emergency Conference, pursuant to section 440.25(4)(h), satisfied any pleading requirements under section 440.192....

Davis’ failure to post bond as required by Section 440.25(4)(c), Florida Statutes (1981). We decline

...Lonigro of Haas, Arend, Ramey, Worman, Biek, Prospect, Siegel & Diamond, Tampa, for appellant. Michael Staley, Ocala, for appellee. KAHN, Judge. In this workers' compensation case, the Judge of Compensation Claims (JCC) granted relief under the emergency conference provision of the 1994 Workers' Compensation Act, Section 440.25(4)(h), Florida Statutes (Supp.1994)....

...d benefits. § 440.192(8), Fla. Stat. (Supp.1994). After a petition has been filed, the statute requires a mediation conference concerning the petition. This conference, under the statute, must be held within twenty-one (21) days after the petition. § 440.25(1), Fla. Stat. (Supp.1994). If the dispute is not resolved by mediation, the Judge of Compensation Claims is authorized to hold a pretrial hearing, establish a discovery schedule, and ultimately to conduct a final hearing. § 440.25(4)(a),(b), Fla....

...Apparently, the Florida Legislature recognized that certain workers' compensation matters would not be amenable to the time frames envisioned by the Act. The Act thus allows a limited means by which a claimant may bypass the pre- and post-filing requirements. Section 440.25(4)(h), Florida Statutes (Supp.1994), the section under review today, provides: Notwithstanding any other provision of this section the Judge of Compensation Claims may require the appearance of the parties and counsel before him withou...

...nce where there is a bona fide emergency involving the health, safety, or welfare of an employee. An emergency conference under this section may result in the entry of an order or the rendering of an adjudication by the Judge of Compensation Claims. Section 440.25(4)(h) empowers the JCC to adjudicate an emergency claim "pursuant to an abbreviated conference or hearing and, upon making a finding that a bona fide emergency exists, to enter an order awarding or denying such claim for emergency benefits." Bradley v. Hurricane Restaurant, 652 So.2d 443, 444 (Fla. 1st DCA 1995). The scope of the conference convened pursuant to section 440.25(4)(h) is limited by the emergency situation actually involved....

...ef. REVERSED. DAVIS, J., concurs. SHIVERS, Senior Judge, dissents with written opinion. SHIVERS, Senior Judge, dissenting. I respectfully dissent and would affirm the judge's order finding the circumstances in this case constitute an emergency under section 440.25(4)(h), Florida Statutes....

...led part of the body. We agree. The record contains no evidence of permanent impairment to the back. In the absence of medical evidence as to any permanent impairment to the back, the deputy commissioner is precluded from finding such an impairment. Section 440.25(3)(b), Florida Statutes....

...on October 4, 1972. It was not filed in the office of the Industrial Relations Commission until October 6, 1972, some twenty-one days after the order of the Judge of Industrial Claims. The Full Commission dismissed the application for review, citing § 440.25(4)(a), Florida Statutes, F.S.A., and Rule 4, I.R.C. Rules of Procedure. Section 440.25(4)(a), Florida Statutes, F.S.A., provides, in pertinent part: “The compensation order rendered by the judge of industrial claims shall become final twenty days after the date copies of same are mailed to the parties at the last known...

...The full commission on review reversed. It was the opinion of the full commission that the hearing of May 9, 1961, was the “first hearing of the claim in which all of the parties in interest were given reasonable notice.” The full commission relied confidently on § 440.25(3) (a), which provides in part, “If a hearing on such a claim is ordered, the commission shall give the claimant and other interested parties at least ten days’ notice of such hearing served personally upon the claimant and other intere...

...tion that the notices of hearings held on March 30, 1961, and April 11, 1961, did not comply with the pertinent statutory provision with respect to the hearing on the claim, and were not hearings within the meaning of the statute, as it is stated in Section 440.25(3) (a) that if a healing on thé claim is ordered, the Commission shall give the parties at least ten days’ notice....

chapter 93-45, section 30 renumbered section 440.-25(4) to section 440.25(5), Florida Statutes, and amended

McCrory Corp., 228 So.2d 900 (Fla.1969). . § 440.25, Florida Statutes (1978), citing eight critical

...The order simply recited that the commissioner had jurisdiction of the parties and the subject matter and that the “claimant is not entitled to further compensation or medical treatment.” The failure of the Deputy Commissioner to make findings of fact as required by Section 440.25(3) (c), F.S.1951, F.S.A., was fatal to the order denying compensation....

...which Brewer sought compensation for the left side. We are thus constrained by the following pronouncement of our supreme court: We have many times stressed the importance of adequate factual findings as an essential element of the deputy’s order. Section 440.25(3)(c), Florida Statutes, FSA (now section 440.25(3)(e), Florida Statutes (1993)), makes it clear that the order shall contain “a statement of the findings of fact and other matters pertinent to the questions at issue.......

sufficient to show the basis of the award. Fla.Stat. § 440.-25(3)(c), F.S.A. This Court defined “ultimate facts”

...AX-148 that claimant is entitled to wage-loss benefits on that earlier claim, this does not furnish the rationale for our holding here. Case No. AX-148 and the instant case (No. AZ-372) are for two separate periods of entitlement to wage-loss. Claimant is entitled to proceed under Section 440.25, Florida Statutes, and to have his wage-loss claim for this subsequent period timely heard....

DAVIS, Judge. The employer/carrier (e/c) appeal an order entered after an emergency hearing held pursuant to section 440.25(4)(h), Florida Statutes (1995), and assert that the order should be reversed because the claimant failed to expressly cite section 440.25 in the notice of hearing; because they were denied due process by the award of benefits not requested in the notice; because there was no finding that an actual emergency exists; because the claimant failed to prove the causal connection between the medical care sought with Dr....

...Love and his compensable accidents in 1984 and 1986; and because the JCC failed to make findings regarding the existence of the causal connection. We disagree with the e/c’s argument that the notice of emergency conference did not adequately inform the e/c that the hearing was being requested pursuant to section 440.25, and could result in an adjudication of benefits by the JCC....

greatly exceeding the 30 days set forth in section 440.25(3)(d), Florida Statutes. “[Rjeversal for a

...s. We agree the JCC erred, and reverse the order denying the claimed benefits. Here, the JCC conflated the determination of when benefits payable pursuant to an award are due with the determination of when an order is final. Even though, pursuant to section 440.25(5)(a), Florida Statutes (2002), an order is not final until thirty days after it has been mailed to the parties, unless a timely appeal is filed, section 440.20(7), Florida Statutes (2002), controls the payment of penalties and require...

...a 20% penalty be paid if the compensation is not paid within seven days after it becomes due. This court has long held that benefits are due on the date the order is entered. See Rutherford v. Seven-Up Bottling Co., 83 So.2d 269, 270 (Fla.1955) (“Section 440.25(4), supra, specifying when the award becomes final has to do only with the matter of review of the order and does not determine when the award becomes due....

...Following the entry of this order on July 19, 1990, employer/carrier appealed. On September 27, 1991, the First District Court of Appeal per curiam affirmed the order. Brinks of Fla., Inc. v. Maranje, 584 So.2d 1000 (Fla. 1st DCA 1991). Pursuant to section 440.25(4)(c), Florida Statutes (1991), the JCC's order was automatically stayed during the pendency of the appeal....

...Sonja Wolfe appealed an order unfavorable to her on a claim for workers’ compensation benefits. That appeal has been assigned case number 92-2246 by this court. She petitioned the Judge of Compensation Claims to be relieved of cost in accordance with section 440.25(4)(b), Florida Statutes (1991) and Florida Workers’ Compensation Rule of Procedure 4.180(g)(2)....

...tute or our prior decisions. The respondents, employer and insurance carrier, contend that there was competent substantial evidence to support the conclusion of the deputy and that the finding above recited is sufficient in the light of prior cases. Section 440.25(3) (c), Florida Statutes 1953, F.S.A., requires that the order making a Workmen’s Compensation award “shall set forth a statement of the findings of fact” upon which the award is based....

...determination is whether under the circumstances presented the full Commission erred in refusing to consider the deposition of Dr. Gilbert as part of the transcript certified to it on appeal. While the Commission is quite correct in concluding that Section 440.25(4) (d), Florida Statutes, F.S.A....

...or evidence dehors the record. See Finkley v. John Raffa Lathing (Fla.1960), 120 So.2d 9 . But in the present case the Commission’s refusal to consider the deposition of Dr. Gilbert as a part of the certified record was not technically required by Section 440.25(4) (d), since it is abundantly clear from the stamped notation on the face of Dr....

...We are confronted with an appeal by certiorari directed to the order of the Florida Industrial Commission. Petitioner has raised two points on certiorari: (1) Whether or not the compensation order of the deputy commissioner dated March 11, 1959, became final under § 440.25(4), Florida Statutes 1959, F.S.A., and (2) whether or not the deputy commissioner’s compensation order dated May 17, 1960, was supported by competent substantial evidence. In response to the first point, we do not believe the compensation order of the deputy commissioner entered March 11, 1959, became final twenty days after copies were mailed to the parties as required by § 440.25(4), Florida Statutes, F.S.A....

...use of a mistake in a determination of fact the commission may at any time *572 prior to one year after the date of the last payment of compensation * * * review a compensation case in accordance with the procedure prescribed in respect of claims in § 440.25, and in accordance with such section, issue a new compensation order which may terminate, continue, reinstate, increase, or' decrease such compensation, or award compensation....

...Crumpler, PA, Jacksonville, for Appellees. PER CURIAM. Because the Judge of Compensation Claims (JCC) lacked authority to vacate his abbreviated final order, he also lacked authority to enter subsequent orders, and the abbreviated final order remains in effect. See § 440.25(5)(a), Fla....

...manent partial disability against South Carolina, and his assessment of penalties. We find no merit in the Division's cross-appeal nor in South Carolina's second point on appeal; however, we reverse on the first and third issues presented on appeal. Section 440.25(3)(b), Florida Statutes (1978), reads in pertinent part: No judge of industrial claims [now deputy commissioner] shall either make a finding of, or award compensation for, a disability for physical impairment that is greater than the g...

would be referred to as “the full Commission”. Section 440.25(4) F.S.-1953, F.S.A., states, “the full Commission

...awarded certain workmen’s compensation benefits to respondent Mundy. Respondent has moved to dismiss the petition of Lewis because when he sought review by the respondent Commission he did not comply with the appeal bond requirements of Fla.Stat. § 440.25(4) (a) (1967), F.S.A., although at the time he was an uninsured employer....

...1st DCA 1982). The E/C next assert the order should be vacated because it is stale. The order appealed was not entered until 63 days after the close of evidence. Although in a proper case we have authority to find an order entered after the 30-day period of Section 440.25(3)(b), Florida Statutes (1979), stale and to remand for a new hearing, Rappoport v....

...Accordingly, the deputy’s award must be limited to the scheduled benefits under section 440.15(3)(s) for lost use of a leg, based on the highest impairment rating testified to by any physician, 7 percent of the left leg. Baird-Ray Datsun v. Butler, 400 So.2d 1038 (Fla. 1st DCA 1981); section 440.25(3)(b), Fla.Stat....

...Claimant timely took this appeal from that order. Claimant sought to be relieved of the costs of this appeal, attaching an affidavit demonstrating that he had little or no assets except for equity in his home, furnishings, and personal vehicle. See Fla.Stat. § 440.25(4)(b)....

...ned a 70 percent permanent partial disability of the body as a whole based upon loss of wage earning capacity. We reverse. We. note, first of all, that the order fails to make an express finding that there was a good faith work search as required by Section 440.25(3)(c), Florida Statutes (1978)....

...ny claims that were not the subject of a pending PFB at the time of the final hearing. This court has previously held that a JCC may properly reserve jurisdiction over PFBs that have been filed, but not mediated, because mediation is mandatory under section 440.25(2), Florida Statutes; such unmediated claims are not procedurally ripe for adjudication....

...d final order. Appellants failed to request findings of fact and conclusions of law and thereby waived the right to appeal. See Bowe v. McDonald's, 933 So.2d 71 (Fla. 1st DCA 2006); Fla. R.App. P. 9.180(b)(2); Fla. Admin. Code R. 60Q-6.119. See also § 440.25(4)(d), Fla....

compensation claims also orders the change. See § 440.25(4)(d), Fla. Stat. (2007) (providing that a final

Authority, 153 So.2d 722, 723-24 (Fla.1963). Section 440.25(3)(b), Fla.Stat. (1979), provides in part that

...and with any public or private agency cooperating with such federal or state agencies in the vocational rehabilitation of injured employees ... All hearings arising under this subsection shall be conducted by judges of industrial claims pursuant to s. 440.25....

...For all of which let execution issue." See Jackson v. Computer Science Raytheon, 36 So.3d 754, 757 (Fla. 1st DCA 2010) (noting that section 440.15(12), Florida Statutes (relating to employee's repayment of indemnity benefits), does not impose interest on unpaid principle); see also § 440.25(4)(e), Florida Statutes (2008)(limiting JCC's authority to entry of "compensation order"—rather than judgment, as defined by section 55.01(1), Florida Statutes (2008))....

...ndatory or merely directory. In the companion cases of Scottie-Craft Boat Corporation v. Smith, 336 So.2d 1150 (Fla.1976) and Miller v. Oolite Industries, Inc., 336 So.2d 1152 (Fla.1976), the Florida Supreme Court construed the following language of Section 440.25(3)(b), Florida Statutes (1975): “....

THORNAL, Justice. Petitioner, Fraternal Order of Eagles, seeks review of an order of the Florida Industrial Commission which had dismissed the petitioner’s application for review by that agency. We are called upon to- determine whether Section 440.25(4) (a), Florida Statutes, F.S.A., makes the filing of a supersedeas bond a jurisdictional prerequisite to obtaining review by the Florida Industrial Commission....

...His employer, Fraternal Order of Eagles, had not secured the payment of compensation in compliance with Section 440.38, Florida Statutes, F.S.A. The employer’s application for review when filed with the full Industrial Commission was not accompanied by the bond required by Section 440.25(4) (a)....

...Subsequently, but beyond the twenty day period after the deputy commissioner had mailed his order to the parties, the employer estimated the amount of an appeal bond and filed it with the respondent Industrial Commission. The employee thereupon moved to dismiss the application for review citing the requirements of Section 440.25(4) (a), supra. The respondent Commission granted the motion to dismiss and entered an order accordingly. Review of this order is now sought. Petitioner contends that Section 440.25 (4) (a), is so vague, indefinite and confusing that it is impossible to meet its requirements. The respondents contend that the requirements of the cited statute are jurisdictional and that failure to comply therewith requires dismissal of the application for review. Section 440.25(4) (a), provides that an¡ order of a Deputy Commissioner shall become final within twenty days after the date that copies thereof are mailed to the-parties unless in the meantime an application for review is filed with the full commission....

...an award of benefits in: any amount, and upon failure of such, employer to file such bond with his-application for review the commission shall dismiss the application for review * * * Section 59.13, Florida Statutes, F.S.A.,, which is referred to in Section 440.25 (4)> (a) purports to set forth the procedure for-obtaining a supersedeas bond....

...ond payable to the adverse party, the amount and conditions of which shall be fixed by the trial court * * * Petitioner suggests that Section 59.13 permits the filing of the appeal bond “at any time prior to filing his record on appeal”, whereas Section 440.25(4) (a) requires that application for review be filed within the stated twenty day period....

...fixing of the amount and conditions of the bond by “the trial court”, whereas the cited section of the Workmen’s Compensation Act governs only appeals from “the deputy commissioner”. Solely for purposes of applying the quoted provisions of Section 440.25(4) (a) we refer to Section 59.01(10) (a), Florida Statutes, where the term “trial court” is defined to include “the state board, commission, or other body from which an appeal may be taken”....

...Ordinarily a deputy commissioner of the Industrial Commission would not be classified as a “trial court”. We think it clear, however, from the applicable provisions of the statutes under consideration that for the purpose of fixing the amount of an appeal bond under Section 440.25(4) (a), the deputy commissioner may properly be placed in the category of a “trial court”. The other point of conflict and alleged confusion suggested by petitioner deals with the provisions of Section 59.13, supra, which permit the amount of the bond to be fixed at any time prior to filing the record on appeal, while Section 440.25 (4) (a) requires the filing of the application for review with accompanying bond during the stated twenty day period. Section 440.25(4) (a) deals entirely with workmen’s compensation appeals and specifically governs the procedure to the extent that in the event of any apparent inconsistency between the two statutes on this subject the Workmen’s Compensation Act would control....

...f the appeal bond. The bond must accompany the application for review or at least be filed during that twenty day period. The respondent Commission appeared to have the view that the filing of the appeal bond is jurisdictional. We do not so construe Section 440.25(4) (a)....

...The requirement of the bond in the Workmen’s Compensation Act does not prescribe a jurisdictional essential to the extent that the full commission would be powerless to proceed if the employee in some fashion waived compliance with the statute. In the absence of waiver, however, Section 440.25(4) (a) requires the Commission to dismiss the application for review when no bond is filed....

examination requested by the employer is covered by section 440.25(6), Florida Statutes. Under that section the

...er interested parties at least ten days’ notice of such hearing served personally upon the claimant and other interested parties by registered mail.” Perry v. W.R. Robbins & Son Roofing Co., 145 So.2d 225 (Fla.1962). Because of amendments to section 440.25(3), the phrase “at the first hearing” now refers to the first hearing before the judge of compensation claims called pursuant to notice by the judge of compensation claims giving the claimant and other interested parties at least f...

Marshall, 106 So,2d 212 (Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)0), Fla.Stat.

Marshall, 106 So.2d 212 (Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)(j), Fla.Stat.

Marshall, 106 So.2d 212 (Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)(j), Fla.Stat.

Marshall, 106 So.2d 212, (Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)(j), Fla.Stat.

Marshall, 106 So.2d 212 (Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)0), Fla.Stat.

Marshall, 106 So.2d 212, (Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)(j), Fla.Stat.

...otal of $375.00 per month * * * to require the carrier to pay more * * * would be unreasonable. In view of our modification * * * the attorney’s fee is excessive.” . United States Casualty Co. v. Maryland Casualty Co., Fla.1051, 55 So.2d 741 . . Section 440.25(4) (d), Florida Statutes, F.S.A....

support the judge’s conclusion as required by § 440.25 (3) (c), Florida Statutes” concerning the temporary

...m. Thereafter various hearings were had which resulted in an award dated June 5, 1947, arid filed with the Commission June 7, 1947. The employer had paid $24.57 and the award denied claimant any further compensation-under the Act. In accordance with Section 440.25(4) F.S.A....

...t the sarne was barred by the Statute of Limitations. The first order made by the Full Commission affirming the Deputy Commissioner which was filed August 14, 1947, was an appealable order and unless appealed within 20 days, such order became final. Section 440.25(4) and Section 440.27(3) F.S.A....

So.2d 1839, 1341 (Fla. 1st DCA 1980) (“While section 440.25(3) (b) [, Florida Statutes (1977),] contemplates

...interest, on the ground of a change in condition or because of a mistake in a determination of fact, the judge of compensation claims may . . . review a compensation case in accordance with the procedure prescribed in respect of claims in s. 440.25 and, in accordance with such section, issue a new compensation order which may terminate, continue, reinstate, increase, or decrease such compensation or award compensation. § 440.28, Fla....

...We accepted without question the E/C’s petitioning to reduce or eliminate attendant care benefits under section 440.28. See also Gustafson’s Dairy v. Phillips, 656 So. 2d 1386, 1387 (Fla. 1st DCA 1995) (holding that term “compensation” as used in § 440.09(3) includes both medical and disability benefits); § 440.25(4)(e), Fla....

...namely, the Claimant’s refusal of medical care by authorized doctors, and the question of whether she was receiving or required all attendant care benefits the E/C was funding. Because the E/C filed a Petition for Modification initiating litigation as governed by section 440.25, the JCC had jurisdiction to address the Motion to Compel IME. Conclusion We REVERSE and REMAND for proceedings on the E/C’s petition, including the performance of an IME as the E/C requested. ROBERTS, BILBREY, and KELSEY...

...ard the corporate form of HCVAS or impose any individual liability on the corporate officers or shareholders of HCVAS. "Other Governmental Entity" This case involves a claim for indemnity and medical benefits which the JCC has jurisdiction to award. § 440.25(1), Fla....

...upon wage-earning capacity loss. Krispy Kreme Doughnut Co. v. Pipkins, 389 So.2d 1243 (Fla. 1st DCA 1980); Colonial and Semoran Shell Service v. Grissom, 389 So.2d 1219 (Fla. 1st DCA 1980); Agrico Chemical v. Laws, 384 So.2d 722 (Fla. 1st DCA 1980); Section 440.25(3)(b), Florida Statutes (1978)....

...This interpretation makes Section 440.30 nonsensically technical even by Chapter 440’s awesome standards of complexity. We decline to nullify the statute in that way. Chapter 440 does offer some guidance as to when a claim has been filed. Both Sections 440.19(2)(d) and 440.25(1), Florida Statutes (1979), provide that “claims” are to be filed with the Division, as does Florida Workers’ Compensation Rule of Procedure 5. Here the Division was a stranger to activities of the parties until the carrier filed the notice to controvert, since the Division does not receive a copy of the initial BCL-13b wage loss request. In addition, Section 440.25(1), allowing the self-executing features of the Act to work first, provides that no “claim” should be filed until the benefit claimed is due but unpaid....

...Since the worker’s deposition here was taken before the filing of the notice to controvert the request, the deputy’s award of attorney’s fees is AFFIRMED, and the Division is directed to clarify its rules for the filing of claims authorized by Section 440.25(1)....

...Instead, the deputy made an appointment with another orthopedic surgeon and drafted an order authorizing that surgeon to treat the claimant “as he deems fit.” Notwithstanding the deputy’s authority under § 440.13(3) to order a change in medical attention “for good cause shown,” the procedural requirements of § 440.25 must be followed in determining whether “good cause” has been shown for the change....

the claim be set for a hearing pursuant to Section 440.25(3) (a), Florida Statutes, which states that

...llows that the scheduling of the event that results in that order can likewise be mandated. Both Claimant and the E/C have the right to have claims and pending legal rights adjudicated. Thus, Claimant has shown she has a clear legal right. Section 440.25(4), Florida Statutes (2009), sets out the procedure for hearings. The final hearing is to be concluded within 90 days of the mediation conference (see § 440.25(4)(b), Fla. Stat.) or 210 days after the PFB is filed (see § 440.25(4)(d), Fla. Stat.). Section 440.25(4)(c) requires the JCC to give the parties at least 14 days’ notice of the final hearing....

...January 26, 2012.” Section 440.28, Florida Statutes (2009), provides that 3 proceedings to modify orders are to be conducted “in accordance with the procedure prescribed in respect to claims in s. 440.25.” Thus, the JCC had an indisputable legal duty to schedule a hearing. JCCs have exclusive jurisdiction over workers’ compensation matters....

were mailed to the parties, as provided in Section 440.-25(4)(a), Florida Statutes (Supp.1978). Section

PER CURIAM. The appellants challenge an order of the judge of compensation claims entered pursuant to section 440.25(4)(h), Florida Statutes (Supp.1994), which provides: (h) Notwithstanding any other provision of this section, the judge of compensation *412 claims may require the appearance of the parties and counsel before him without written notice...

...After a claimant reaches maximum medical improvement it may then be appropriate to apportion the award for his residual permanent disability. 210 So.2d at 863 . On remand, we caution that Section 8, Chapter 78-300, 1978 Laws of Florida, is applicable to Harvey’s claim in the 1979 accident. That amendment, now in Section 440.25(3)(b), Florida Statutes (Supp....

...Because the notice of appeal appeared untimely, this court directed Appellant to show cause why the appeal should not be dismissed. Upon *829 review of Appellant's timely response to the show cause order, we DISMISS this appeal for lack of jurisdiction. See § 440.25(5)(a), Fla....

...affidavit that is mathematically incorrect and not based on competent substantial evidence. The errors complained of could easily have been corrected had they been brought to the deputy’s attention within thirty days of rendition of the order, see Section 440.25(4)(a), Florida Statutes; Polk County Board of County Commissioners v....

June 7, 1977 from the first accident. Under Section 440.25(3)(a) Fla. Stat. (1978), since repealed, the

...COMMENTS: 1979 Committee Note: This replaces rule 2(h), 1977 W.C.R.P. which merely provided “ ‘service’ shall be as provided in the Fla.R. Civ.P.” Subsection (c) replaces rule 3(b), W.C.R. P. 1977. The caveat to the filing of the appellate proceedings is to warn of the jurisdictional nature of § 440.25(4)(f), Fla....

...The order shall be signed by the Deputy Commissioner and shall include a certificate of mailing-thereon service to all parties and counsel of record. COMMENTS: 1979 Committee Note: This replaces rule 8, 1977 W.C.R.P. It, too, is derived substantially from § 440.25(3)(a), Fla.Stat.1979....

...ng be sent by certified mail. The rules committee of the Workers’ Compensation Section is of the opinion that the requirement that the hearing notice be sent by certified mail should be retained for two reasons. In the first instance, the statute, § 440.25(3)(a), Fla.Stat....

...8.(b) The portion of this rule which the rules committee of the section recommends be removed was in conflict with the wording of rule 14, which has been transplanted, in toto, to rule 8.(b). 1984 Committee Note: Conforms hearing notice requirements to section 440.25(3)(a), Florida Statutes, as amended to delete requirement of certified mail service, and provides clarification of time periods involved to the effect that minimum fifteen (15) days notice is measured from the date notice is mailed....

...efits and the like. RULE 4.141. MOTION FOR REHEARING, VACATING, AMENDING ORDER OF DEPUTY COMMISSIONER; RULE NISI (a) Rehearing. Any party may file with the Deputy Commissioner a motion for rehearing directed to an order not yet final by operation of Section 440.25, Florida Statutes....

...The filing of such motion does not toll either the time within which an order becomes final or the time within which an appeal may be filed. (b) Amending, Vacating Orders. At the Deputy Commissioner’s discretion, an order not yet final by operation of Section 440.25¿ Florida Statutes, may be either vacated or amended at either the Deputy Commissioner’s own initiative or pursuant to a motion for rehearing. Grounds for vacating an order may include circumstances in which it appears to the Deputy Commissioner that due consideration of a motion for rehearing may not be practicable within the time remaining under Section 440.25, Florida Statutes....

...1st DCA 1982); Early Bird Stud Farm v. Decker, 416 So.2d 860 (Fla. 1st DCA 1982). Our review shows that the alleged injury occurred in Broward County, that the employer/carrier did not receive notice of the claim or the motion for change of venue and did not agree to the change. Section 440.25(3)(b), Florida Statutes (1981), provides that the claim hearing “shall be held in the county where the injury occurred, if the same occurred in this state, unless otherwise agreed to between the parties and authorized by the deputy c...

...The employer/carrier appeal a workers’ compensation award of temporary total, temporary partial and permanent partial disability benefits. In this instance the award .of permanent partial disability benefits based on loss of wage earning capacity is governed by § 440.25(3)(a), Florida Statute (1978), which provides that no claim for diminution of wage earning capacity shall mature until 90 days after the employee has reached maximum medical improvement....

...This is a responsibility of the deputy commissioner. Andrews v. C.B.S. Division, Fla.1960, 118 So.2d 206 . . Berke Displays, Inc. v. Mick, Fla.App. 1959, 114 So.2d 425, 427 . “It is incumbent upon the deputy to make findings of fact before the entry of a compensation award. See § 440.25 (3) (b), Fla.Stat., F.S.A....

...ad jurisdiction over the employer. 1 The carrier/servicing agent argue, however, that they were not required to make an appearance at the final hearing because they did not receive notice of the final hearing directly from the JCC in accordance with section 440.25(4)(c), Florida Statutes (Supp.1994)....

...We do that not necessarily to encourage the appeals that may thereby be saved but to encourage the deputy and parties, within the 30-day period before a compensation order becomes final, to correct remediable errors that might otherwise inspire needless appeals. Section 440.25(4)(a), Florida Statutes (1981); Suarez v....

...1st DCA 1987); and Metropolitan Dade County v. Barry, 614 So.2d 666 (Fla. 1st DCA 1993). [4] Fla.R.Work.Comp.P. 4.141(b), which addresses the JCC's authority to amend or vacate orders, specifically provides that the JCC may vacate or amend an order which is not yet final by operation of section 440.25, Fla. Stat. Section 440.25 provides: "Beginning on October 1, 1979, procedures with respect to appeals from orders of judges of compensation claims shall be governed by rules adopted by the Supreme Court....

...*11 The order contained the following recital “having considered the cause upon the record, briefs and oral arguments of counsel for parties * * *" It is this order which petitioner asks us to quash. Petitioner contends that the full commission violated Section 440.25(4) (d) by allegedly considering the rehabilitation report before entering its order affirming the deputy....

...Respondents contend that the record does not support the conclusion that the Commission actually considered the separate report but even if it does, any error was harmless for the reason that the entire record supports both the deputy and the full commission. Section 440.25(4) (d), Florida Statutes, F.S.A., does provide that in reviewing an order of the deputy “the commission shall consider the matter upon the record as certified by the deputy commissioner * * ” Petitioner here asserts that when the C...

Deputy but was too late to the full Commission. Section 440.25(4)' (a), as amended in 1953 and 1955, provides

course to explicit statutory requirements. Gf., § 440.25(3)(b), Florida Statutes, and Paradise Fruit Co