Florida Statute 440.29 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.29

440.29 Procedure before the judge of compensation claims.—

(1) In making an investigation or inquiry or conducting a hearing, the judge of compensation claims shall not be bound by technical or formal rules of procedure, except as provided by this chapter, but may make such investigation or inquiry, or conduct such hearing, in such manner as to best ascertain the rights of the parties. A declaration of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.

(2) Hearings before the judge of compensation claims shall be open to the public, and the Deputy Chief Judge is authorized to designate the manner in which particular types of hearings are recorded and reported and, when necessary, to contract for the reporting of such hearings. The Deputy Chief Judge shall arrange for the preparation of a record of the hearings and other proceedings before judges of compensation claims, as necessary, and is authorized to allow for the attendance of court reporters at hearings, for preparation of transcripts of testimony, for copies of any instrument, and for other reporting or recording services. The Deputy Chief Judge may charge the same fees allowed by law or court rule to reporters, persons preparing transcripts, or clerks of courts of this state for like services.

(3) The practice and procedure before the judges of compensation claims shall be governed by rules adopted by the Office of the Judges of Compensation Claims, except to the extent that such rules conflict with the provisions of this chapter.

(4) All medical reports of authorized treating health care providers relating to the claimant and subject accident shall be received into evidence by the judge of compensation claims upon proper motion. However, such records must be served on the opposing party at least 30 days before the final hearing. This section does not limit any right of further discovery, including, but not limited to, depositions.

History.—s. 29, ch. 17481, 1935; CGL 1936 Supp. 5966(29); s. 10, ch. 20672, 1941; s. 8, ch. 29778, 1955; ss. 17, 35, ch. 69-106; s. 16, ch. 74-197; s. 14, ch. 75-209; ss. 9, 23, ch. 78-300; ss. 22, 124, ch. 79-40; s. 21, ch. 79-312; s. 11, ch. 80-236; s. 10, ch. 83-305; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 6, ch. 91-46; s. 32, ch. 93-415; s. 20, ch. 2001-91; s. 5, ch. 2011-208.

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Amendments to 440.29

Annotations, Discussions, Cases:

Cases Citing Statute 440.29

Total Results: 57

US Sugar Corp. v. Henson

823 So. 2d 104, 27 Fla. L. Weekly Supp. 551, 2002 Fla. LEXIS 1159, 2002 WL 1208720

Supreme Court of Florida | Filed: Jun 6, 2002 | Docket: 1512775

Cited 31 times | Published

workers' compensation cases would be contrary to section 440.29(4), Florida Statutes (1995), in which the legislature

Rucker v. City of Ocala

684 So. 2d 836, 1996 WL 708614

District Court of Appeal of Florida | Filed: Dec 5, 1996 | Docket: 1482013

Cited 30 times | Published

similar to the statute at issue in this case, section 440.29(4), Florida Statutes (Supp.1994), provides

Chavarria v. Selugal Clothing, Inc.

840 So. 2d 1071, 2003 WL 215030

District Court of Appeal of Florida | Filed: Feb 3, 2003 | Docket: 1748393

Cited 17 times | Published

judge of compensation claims upon proper motion." § 440.29(4), Fla. Stat. (1999). Nevertheless, appellant

US Sugar Corp. v. Henson

787 So. 2d 3, 2001 Fla. App. LEXIS 5255, 2000 WL 1880340

District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 473458

Cited 15 times | Published

workers' compensation cases would be contrary to section 440.29(4), Florida Statutes (1995), in which the legislature

Southern Bakeries v. Cooper

659 So. 2d 339, 1995 WL 155374

District Court of Appeal of Florida | Filed: Apr 11, 1995 | Docket: 1462852

Cited 13 times | Published

also order a medical examination pursuant to section 440.29(1), Florida Statutes (1991), without a conflict

Morton's of Chicago, Inc. v. Lira

48 So. 3d 76, 2010 Fla. App. LEXIS 15531, 2010 WL 3984775

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 60296621

Cited 11 times | Published

placed at issue before the JCC, as permitted by section 440.29(1), Florida Statutes. The record reflects Claimant

Amos v. Gartner, Inc.

17 So. 3d 829, 2009 Fla. App. LEXIS 12742, 2009 WL 2602304

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1645336

Cited 9 times | Published

Florida Evidence § 103.3 (2008). Although section 440.29(1), Florida Statutes (2008) (stating a JCC

Amendments to the Florida Rules of Workers' Compensation Procedure

891 So. 2d 474, 29 Fla. L. Weekly Supp. 734, 2004 Fla. LEXIS 2168, 2004 WL 2810829

Supreme Court of Florida | Filed: Dec 2, 2004 | Docket: 64835462

Cited 9 times | Published

following year, the Florida Legislature enacted section 440.29(3), Florida Statutes (Supp.1974), which read:

Paulk v. School Bd. of Palm Beach County

615 So. 2d 260, 1993 WL 64493

District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 1184428

Cited 9 times | Published

conducted in article V courts, and we note that section 440.29(3), Florida Statutes, provides the supreme

Martin Marietta Corp. v. Roop

566 So. 2d 40, 1990 WL 123106

District Court of Appeal of Florida | Filed: Aug 22, 1990 | Docket: 547743

Cited 7 times | Published

admission of the Glumb transcript, we note that section 440.29(1), Fla. Stat. permits a JCC more latitude

Beasley v. Mitel of Delaware

449 So. 2d 365

District Court of Appeal of Florida | Filed: Apr 13, 1984 | Docket: 1325468

Cited 7 times | Published

the intoxication of the employee... . [4] See § 440.29(1), Florida Statutes.

Berry Corp. v. Smith

576 So. 2d 1366, 1991 WL 46859

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 1669766

Cited 6 times | Published

pursuant to his investigatory powers provided in section 440.29(1), Florida Statutes (1987).[1] In the absence

K-Mart Corp. v. Nasoni

377 So. 2d 821, 1979 Fla. App. LEXIS 16188

District Court of Appeal of Florida | Filed: Dec 13, 1979 | Docket: 1265060

Cited 5 times | Published

continues to experience pain in the injured thumb. Section 440.29(1), Fla. Stat., would appear to accord him

In Re Workmen's Compensation Rules of Procedure

343 So. 2d 1273, 1977 Fla. LEXIS 3860

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 1710473

Cited 5 times | Published

petition is authorized under the provisions of Section 440.29(3), Florida Statutes, which was enacted by

Amend. to Fla. Rules of Workers'comp.

664 So. 2d 945, 1995 WL 656744

Supreme Court of Florida | Filed: Nov 9, 1995 | Docket: 1655898

Cited 4 times | Published

comport with the legislative intent) set out in section 440.29(2), Florida Statutes, which requires hearings

Odom v. Wekiva Concrete Products

443 So. 2d 331

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 1458541

Cited 4 times | Published

Section 90.801, Florida Statutes (1981). Although Section 440.29(1), Florida Statutes (1981), provides, in part

Central Oil Co. v. Campen

390 So. 2d 191

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 1503987

Cited 4 times | Published

not provide for the assessment of costs, while § 440.29(1), Fla. Stat., is inapplicable for the same reason

Painter v. Board of Public Instruction of Dade Co.

223 So. 2d 33

Supreme Court of Florida | Filed: May 14, 1969 | Docket: 462787

Cited 4 times | Published

and BOYD, J., concur in judgment. NOTES [1] Section 440.29, F.S.A.

Horizon Healthcare v. Murphy

660 So. 2d 1065, 1995 Fla. App. LEXIS 7541, 1995 WL 415446

District Court of Appeal of Florida | Filed: Jul 17, 1995 | Docket: 1635149

Cited 3 times | Published

rules is expressly granted by amendment to section 440.29(3), Florida Statute. In re Florida Workers'

Sanlando Reprographics v. Vidimos

545 So. 2d 397, 1989 WL 61527

District Court of Appeal of Florida | Filed: Jun 9, 1989 | Docket: 1345557

Cited 3 times | Published

deputy's investigatory authority pursuant to section 440.29(1), Florida Statutes, this cost may not be

Laura Lewis v. Dollar Rent A Car and ESIS WC Claims

220 So. 3d 1246, 2017 WL 2491550, 2017 Fla. App. LEXIS 8541

District Court of Appeal of Florida | Filed: Jun 9, 2017 | Docket: 6071339

Cited 2 times | Published

to best ascertain the rights of the parties.” § 440.29(1), Fla. Stat. (1987). This provision also has

Snider v. MUMFORD, INC.

65 So. 3d 579, 2011 Fla. App. LEXIS 10576, 2011 WL 2638165

District Court of Appeal of Florida | Filed: Jul 7, 2011 | Docket: 2361927

Cited 2 times | Published

upon his investigatory authority pursuant to section 440.29(1), Florida Statutes (1981). At that time,

Roberts v. Ben Hill Griffin, Inc.

629 So. 2d 236, 1993 Fla. App. LEXIS 12281, 1993 WL 513324

District Court of Appeal of Florida | Filed: Dec 14, 1993 | Docket: 1677207

Cited 2 times | Published

based). Ben Hill counters with citation to section 440.29(1), Florida Statutes (1991), which provides

In Re Fla. Wkrs.'compensation Rules, Etc.

374 So. 2d 981

Supreme Court of Florida | Filed: Sep 20, 1979 | Docket: 1523329

Cited 2 times | Published

relating to practice before deputy commissioners (section 440.29(3)) and to appeals from deputy commissioners

Bedwell v. Stone Container Corp.

174 So. 3d 1127, 2015 Fla. App. LEXIS 14511, 2015 WL 5724752

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 60250301

Cited 1 times | Published

order IME using investigatory power provided in section 440.29(1), Florida Statutes (1987)). We write to address

CVS Caremark Corp. v. Latour

109 So. 3d 1232, 2013 WL 1235903, 2013 Fla. App. LEXIS 5147

District Court of Appeal of Florida | Filed: Mar 28, 2013 | Docket: 60229473

Cited 1 times | Published

the issues presented to them for resolution. Cf. § 440.29(1), Fla. Stat. (2011). . Claimant filed a motion

Vaughan v. Broward General Medical Center

105 So. 3d 569, 2012 WL 6602797, 2012 Fla. App. LEXIS 21759

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227868

Cited 1 times | Published

correspondence was not a “medical report” under section 440.29(4), Florida Statutes (2011), and the Employer/Carrier

In re Amendments to the Florida Rules of Appellate Procedure

84 So. 3d 192, 2011 Fla. LEXIS 3036, 2011 WL 7758579

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 60306681

Cited 1 times | Published

(f)(6) and (f)(7) were amended to conform to section 440.29(2), Florida Statutes, providing that the deputy

Scotty's, Inc. v. Sarandrea

645 So. 2d 121, 1994 WL 630621

District Court of Appeal of Florida | Filed: Nov 14, 1994 | Docket: 1654588

Cited 1 times | Published

pursuant to the investigatory powers provided in section 440.29(1), Florida Statutes (1991); Berry Corp. v

Sedgwick Claims Management Services, the GEO Group, Inc. v. Ryan Thompson

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258606

Published

affirmatively, the supreme court specifically addressed section 440.29(4), Florida Statutes (2001). 8 For proper context

Michael Guglielmo v. State of Florida-DOC Zephyrhills C I/Division of Risk Management

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962102

Published

chapter 440 regarding a petition for benefits. § 440.29(1), Fla. Stat. Here, the JCC concluded “there

Teresita De Jesus Abreu v. Riverland Elementary School and Broward County etc.

District Court of Appeal of Florida | Filed: Jun 18, 2019 | Docket: 15788546

Published

court adoption of such rules was required under section 440.29(3), Florida Statutes (2010), which stated,

United States Fire Insurance Company and Oxford Shops of South Florida v. Virginia Hackett

260 So. 3d 532

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409764

Published

investigatory authority under pre-1990 law in § 440.29(1), Fla. Stat., which continues as a right under

Cal-Maine Foods/Broadspire v. Howard

225 So. 3d 898, 2017 Fla. App. LEXIS 10681, 2017 WL 3160125

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 60274126

Published

E/C filed medical records in compliance with section 440.29(4), Florida Statutes. The admissible medical

Samuel Jackson v. Columbia Pictures and Fireman's Fund

153 So. 3d 347

District Court of Appeal of Florida | Filed: Dec 15, 2014 | Docket: 2615399

Published

departure from the essential requirements of law, section 440.29(1), Florida Statutes (Supp. 1986), permits

Young v. American Airlines

100 So. 3d 1168, 2012 WL 4761500, 2012 Fla. App. LEXIS 17125

District Court of Appeal of Florida | Filed: Oct 8, 2012 | Docket: 60225542

Published

the exception to authentication provided by section 440.29(4), Florida Statutes, does not apply to independent

Tutor Time Child Care/Learning Centers v. Patterson

91 So. 3d 264, 2012 WL 2545274, 2012 Fla. App. LEXIS 10685

District Court of Appeal of Florida | Filed: Jul 3, 2012 | Docket: 60309873

Published

Claims (JCC) erred by: (1) determining that section 440.29(4), Florida Statutes (2008), was not only a

In re Amendments to the Florida Rules of Appellate Procedure

75 So. 3d 239, 2011 WL 5218961

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 60303673

Published

(f)(6) and (f)(7) were amended to conform to section 440.29(2), Florida Statutes, providing that the deputy

Williams v. BCI INDUSTRIES

943 So. 2d 911, 2006 WL 3454752

District Court of Appeal of Florida | Filed: Dec 1, 2006 | Docket: 1526895

Published

Oppenheim, to perform an IME, as authorized by section 440.29(1), Florida Statutes (2005), allowing JCCs

Amendments to the Florida Rules of Workers' Compensation Procedure

829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818760

Published

have been unable to resolve the issues. Under section 440.29(4), Florida Statutes, we,.(names)., move into

Amendments to the Florida Rules of Workers' Compensation Procedure

795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988

Published

unable to resolve the issues. Pursuant — toUnder section 440.29(4), Florida Statutes, we, .(names)., move into

Faulkner v. Asplundh Tree Expert Co.

739 So. 2d 154, 1999 Fla. App. LEXIS 10437, 1999 WL 560231

District Court of Appeal of Florida | Filed: Aug 3, 1999 | Docket: 64790154

Published

the judge’s investigative powers *156under section 440.29, Florida Statutes, authorize such an appointment

ITT/Palm Coast Utilities v. Douglas

696 So. 2d 390, 1997 Fla. App. LEXIS 5840, 1997 WL 280622

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 64774709

Published

*391reports,” they fall outside the scope of section 440.29(4), Florida Statutes (Supp.1994), and Florida

In re Amendments to the Florida Rules of Workers' Compensation Procedure

674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

been unable to resolve the issues. Pursuant to section 440.29(4), Florida Statutes, we,.(names)., move into

Public Gas Co. v. Monette

658 So. 2d 673, 1995 Fla. App. LEXIS 8483, 1995 WL 469658

District Court of Appeal of Florida | Filed: Aug 10, 1995 | Docket: 64758063

Published

however, indicates that the JCC relied upon section 440.29(1), Florida Statutes, which provides: In making

Reddick v. Charles W. Infinger Construction

617 So. 2d 723, 1993 Fla. App. LEXIS 2977, 1993 WL 72306

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 64695863

Published

on its statutory rule-making authority under section 440.29(3), Florida Statutes. See also In re Florida

Hotel Royal Plaza v. Edgar

422 So. 2d 1063, 1982 Fla. App. LEXIS 21821

District Court of Appeal of Florida | Filed: Dec 1, 1982 | Docket: 64593773

Published

by technical or formal rules of procedure, see § 440.29(1), Florida Statutes, and may “do all things conformable

Rite-Way Windows & Improvements, Inc. v. Robbins

415 So. 2d 34, 1982 Fla. App. LEXIS 19768

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 64590524

Published

made by the claimant prior to his death. See § 440.-29(1), Fla.Stat. (1977). However, we reverse the

Atlanta National Real Estate Trust v. Rain

392 So. 2d 1339, 1980 Fla. App. LEXIS 23718

District Court of Appeal of Florida | Filed: Nov 7, 1980 | Docket: 64579969

Published

medical evidence, no such requirement appears in Section 440.29(1). Under Lu-Mar Enterprises, Inc. v. Mazur

In re Florida Workers' Compensation Rules of Procedure

390 So. 2d 698, 1980 Fla. LEXIS 4395

Supreme Court of Florida | Filed: Oct 23, 1980 | Docket: 64578981

Published

comport with the legislative intent) set out in F.S. 440.29(2) which requires hearings before the Deputy

In re Florida Workers' Compensation Rules of Procedure

374 So. 2d 981, 1979 Fla. LEXIS 4794

Supreme Court of Florida | Filed: Sep 20, 1979 | Docket: 64571875

Published

relating to practice before deputy commissioners (section 440.29(3)) and to appeals from deputy commissioners

Special Disability Trust Fund v. TROPICANA, ETC.

358 So. 2d 1

Supreme Court of Florida | Filed: Mar 2, 1978 | Docket: 1691018

Published

See Chapter 440, Florida Statutes [1973]). Section 440.29(3), Florida Statutes (1975). The Legislature

Bay Plumbing Co. v. Harbin

337 So. 2d 799, 1976 Fla. LEXIS 4498

Supreme Court of Florida | Filed: Sep 16, 1976 | Docket: 64555213

Published

conducting workmen’s compensation hearings by Section 440.29, Florida Statutes (1975), we hold that due

Ezell-Titterton, Inc. v. A. K. F. ex rel. P. A. F.

234 So. 2d 360, 1970 Fla. LEXIS 2782

Supreme Court of Florida | Filed: Apr 22, 1970 | Docket: 64514307

Published

the Florida Industrial Commission. . Fla.Stat. § 440.29 (1967), F.S.A.; Jarvis v. Miami Retreat Foundation

Honeywell, Inc. v. Haley

216 So. 2d 745, 1968 Fla. LEXIS 2041

Supreme Court of Florida | Filed: Nov 27, 1968 | Docket: 64507705

Published

of the proceedings before the Deputy. F.S. section 440.29(2), F.S.A., provides that the “* * * commission

Heath v. Thomas Lumber Co.

140 So. 2d 865, 1962 Fla. LEXIS 2870

Supreme Court of Florida | Filed: May 9, 1962 | Docket: 60204539

Published

Compensation Act. Coupled with the provision of § 440.29, Florida Statutes, F.S.A., that the Commission

Hodges v. State Road Department

112 So. 2d 593, 1959 Fla. App. LEXIS 2953

District Court of Appeal of Florida | Filed: May 12, 1959 | Docket: 60192615

Published

v. Matthews, Fla.1957, 97 So.2d 111. . F.S. § 440.29(1), F.S.A., . Hough v. Menses, Fla.1957, 95