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Florida Statute 440.29 | Lawyer Caselaw & Research
F.S. 440.29 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
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.

F.S. 440.29 on Google Scholar

F.S. 440.29 on Casetext

Amendments to 440.29


Arrestable Offenses / Crimes under Fla. Stat. 440.29
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.29.



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES FIRE INSURANCE COMPANY v. HACKETT,, 260 So. 3d 532 (Fla. App. Ct. 2018)

. . . So.3d 1127 (Fla. 1st DCA 2015) (citing JCC's broad investigatory authority under pre-1990 law in § 440.29 . . .

CAL- MAINE FOODS BROADSPIRE, v. HOWARD,, 225 So. 3d 898 (Fla. Dist. Ct. App. 2017)

. . . In preparation for hearing, the E/C filed medical records in compliance with section 440.29(4), Florida . . .

LEWIS, v. DOLLAR RENT A CAR ESIS WC, 220 So. 3d 1246 (Fla. Dist. Ct. App. 2017)

. . . .” § 440.29(1), Fla. Stat. (1987). . . .

A. BEDWELL, v. STONE CONTAINER CORPORATION, 174 So. 3d 1127 (Fla. Dist. Ct. App. 2015)

. . . Fla. 1st DCA 1991) (holding JCC authorized to order IME using investigatory power provided in section 440.29 . . .

JACKSON, v. COLUMBIA PICTURES AND FIREMAN S FUND,, 153 So. 3d 347 (Fla. Dist. Ct. App. 2014)

. . . Regarding departure from the essential requirements of law, section 440.29(1), Florida Statutes (Supp . . . be ordered where there is a conflict in the medical evidence, no such requirement appears in Section 440.29 . . .

CVS CAREMARK CORPORATION v. LATOUR,, 109 So. 3d 1232 (Fla. Dist. Ct. App. 2013)

. . . . § 440.29(1), Fla. Stat. (2011). . . . .

VAUGHAN, v. BROWARD GENERAL MEDICAL CENTER, 105 So. 3d 569 (Fla. Dist. Ct. App. 2012)

. . . She asserts that the correspondence was not a “medical report” under section 440.29(4), Florida Statutes . . . Meli’s 2009 correspondence on the bases of hearsay, authentication, untimeliness under section 440.29 . . . Statutory Compliance— § Ji,k0.29(U) Section 440.29(4), Florida Statutes (2011), provides: All medical . . . Section 440.29(4) permits only the medical records of the healthcare providers authorized by the E/C . . . Thus, section 440.29(4), if adhered to, provides not only a hearsay exception, but also satisfaction . . .

YOUNG, v. AMERICAN AIRLINES, 100 So. 3d 1168 (Fla. Dist. Ct. App. 2012)

. . . Contrary to the E/C’s argument below and on appeal, the exception to authentication provided by section 440.29 . . .

TUTOR TIME CHILD CARE LEARNING CENTERS v. PATTERSON,, 91 So. 3d 264 (Fla. Dist. Ct. App. 2012)

. . . /carrier (E/C) argues the Judge of Compensation Claims (JCC) erred by: (1) determining that section 440.29 . . . Section 440.29(4), Florida Statutes, first appeared in the extensive re-write of chapter 440 enacted . . . Section 440.29(4), Florida Statutes (2008), provides: All medical reports of authorized treating health . . . Section 440.29(4) relates only to the reports of physicians authorized by the E/C to provide the claimant . . . Section 440.29(4) permits only the medical records of the healthcare providers authorized by the E/C . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 84 So. 3d 192 (Fla. 2011)

. . . Subdivisions (f)(6) and (f)(7) were amended to conform to section 440.29(2), Florida Statutes, providing . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 75 So. 3d 239 (Fla. 2011)

. . . Subdivisions (f)(6) and (f)(7) were amended to conform to section 440.29(2), Florida Statutes, providing . . .

SNIDER, v. MUMFORD, INC. d b a, 65 So. 3d 579 (Fla. Dist. Ct. App. 2011)

. . . permitted to order medical examinations based upon his investigatory authority pursuant to section 440.29 . . . 658 So.2d 673, 674 (Fla. 1st DCA 1995) (approving JCC’s appointment of an IME, pursuant to section 440.29 . . . Smith, 576 So.2d 1366, 1367 (Fla. 1st DCA 1991) (holding JCC may order IME pursuant to section 440.29 . . .

MORTON S OF CHICAGO, INC. a v. LIRA,, 48 So. 3d 76 (Fla. Dist. Ct. App. 2010)

. . . the multitude of medical bills he pled and placed at issue before the JCC, as permitted by section 440.29 . . .

AMOS, v. GARTNER, INC., 17 So. 3d 829 (Fla. Dist. Ct. App. 2009)

. . . Although section 440.29(1), Florida Statutes (2008) (stating a JCC shall not be bound by technical or . . .

In YATKO A. v., 416 B.R. 193 (Bankr. W.D.N.C. 2008)

. . . Gen.Stat. 1-440.27, 1-440.29. Some of these also subject him to contempt citations as well. N.C. . . .

WILLIAMS, v. BCI INDUSTRIES, 943 So. 2d 911 (Fla. Dist. Ct. App. 2006)

. . . Ronald Oppen-heim, to perform an IME, as authorized by section 440.29(1), Florida Statutes (2005), allowing . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 891 So. 2d 474 (Fla. 2004)

. . . The following year, the Florida Legislature enacted section 440.29(3), Florida Statutes (Supp.1974), . . . stated -that the basis for its authority to adopt the rules came from the Legislature and sections 440.29 . . . As noted above, in 1974 the Legislature enacted section 440.29(3), Florida Statutes, which provided “ . . . In 1978, section 440.29(3), Florida Statutes, was amended to add the phrase, “except to the extent that . . . He also disagreed with the conclusion that section 440.29(3), Florida Statutes (1975), conferred on this . . .

CHAVARRIA, v. SELUGAL CLOTHING, INC. Co., 840 So. 2d 1071 (Fla. Dist. Ct. App. 2003)

. . . .” § 440.29(4), Fla. Stat. (1999). . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 829 So. 2d 791 (Fla. 2002)

. . . GENERAL PROVISIONS These rules, adopted with the authority of sections 440.271 and 440.29(3), Florida . . . Under section 440.29(4), Florida Statutes, we,. . . .

UNITED STATES SUGAR CORPORATION, v. G. J. HENSON,, 823 So. 2d 104 (Fla. 2002)

. . . argues that Frye-testing medical testimony in workers’ compensation cases would be contrary to section 440.29 . . . within the worker’s compensation system does not conflict with the above-quoted portion of section 440.29 . . . See § 440.29(4),. Fla. Stat. (2001). Thus, section 440.29 has no bearing on the question before us. . . .

UNITED STATES SUGAR CORPORATION, v. G. J. HENSON,, 787 So. 2d 3 (Fla. Dist. Ct. App. 2000)

. . . argues that Nn/e-testing medical testimony in workers’ compensation cases would be contrary to section 440.29 . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 795 So. 2d 863 (Fla. 2000)

. . . Pursuant — toUnder section 440.29(4), Florida Statutes, we, . . . .

FAULKNER, v. ASPLUNDH TREE EXPERT CO. Co., 739 So. 2d 154 (Fla. Dist. Ct. App. 1999)

. . . Nor do the judge’s investigative powers under section 440.29, Florida Statutes, authorize such an appointment . . .

ALACHUA COUNTY ADULT DETENTION CENTER v. ALFORD,, 727 So. 2d 388 (Fla. Dist. Ct. App. 1999)

. . . See §§ 440.29 (procedure before JCCs), .33 (powers of JCCs), Fla. . . .

ITT PALM COAST UTILITIES CIGNA, v. DOUGLAS,, 696 So. 2d 390 (Fla. Dist. Ct. App. 1997)

. . . drafted by— claimant’s counsel, are viewed as “medical reports,” they fall outside the scope of section 440.29 . . .

RUCKER, v. CITY OF OCALA Co., 684 So. 2d 836 (Fla. Dist. Ct. App. 1996)

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

In AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 674 So. 2d 631 (Fla. 1996)

. . . Pursuant to section 440.29(4), Florida Statutes, we,. . . .

In AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 664 So. 2d 945 (Fla. 1995)

. . . conform the rules to the legislative mandate (or comport with the legislative intent) set out in section 440.29 . . .

PUBLIC GAS CO. v. MONETTE,, 658 So. 2d 673 (Fla. Dist. Ct. App. 1995)

. . . Our review of the order on appeal, however, indicates that the JCC relied upon section 440.29(1), Florida . . . The JCC is authorized to order an IME pursuant to his investigatory powers provided in section 440.29 . . .

HORIZON HEALTHCARE U. S. F. G. v. MURPHY,, 660 So. 2d 1065 (Fla. Dist. Ct. App. 1995)

. . . 4.150, observing that its then-new power to adopt rules is expressly granted by amendment to section 440.29 . . .

SOUTHERN BAKERIES v. COOPER,, 659 So. 2d 339 (Fla. Dist. Ct. App. 1995)

. . . The judge could also order a medical examination pursuant to section 440.29(1), Florida Statutes (1991 . . . The judge’s investigative power under section 440.29(1) was unchanged, but the judge’s authority was . . .

SCOTTY S, INC. v. SARANDREA,, 645 So. 2d 121 (Fla. Dist. Ct. App. 1994)

. . . issue, a JCC is authorized to order an IME pursuant to the investigatory powers provided in section 440.29 . . . In this case, the JCC was authorized to order the IME pursuant to section 440.29(1), Florida Statutes . . .

ROBERTS, v. BEN HILL GRIFFIN, INC., 629 So. 2d 236 (Fla. Dist. Ct. App. 1993)

. . . Ben Hill counters with citation to section 440.29(1), Florida Statutes (1991), which provides that, in . . . that Berry did not obviate the requirements of Fla.R.Work.Comp.P. 4.140(a) by its holding that section 440.29 . . .

REDDICK, v. CHARLES W. INFINGER CONSTRUCTION ERC,, 617 So. 2d 723 (Fla. Dist. Ct. App. 1993)

. . . Procedure, 343 So.2d 1273 (Fla.1977), the court relied on its statutory rule-making authority under section 440.29 . . .

PAULK, v. SCHOOL BOARD OF PALM BEACH COUNTY, 615 So. 2d 260 (Fla. Dist. Ct. App. 1993)

. . . Workers’ compensation hearings are not conducted in article V courts, and we note that section 440.29 . . .

AMENDMENTS TO FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 603 So. 2d 425 (Fla. 1992)

. . . the rules to the legislative mandate (or comport with the legislative intent) set out in Bisection 440.29 . . .

BERRY CORPORATION v. SMITH, Jr., 576 So. 2d 1366 (Fla. Dist. Ct. App. 1991)

. . . to order an independent medical examination pursuant to his investigatory powers provided in section 440.29 . . . BOOTH and WOLF, JJ., concur. . § 440.29(1), Fla.Stat. (1987), states in pertinent part: In making an . . .

MARTIN MARIETTA CORPORATION v. J. E. ROOP,, 566 So. 2d 40 (Fla. Dist. Ct. App. 1990)

. . . As to the JCC’s admission of the Glumb transcript, we note that section 440.29(1), Fla.Stat. permits . . . Section 440.29(1) provides that a JCC “shall not be bound by technical or formal rules of procedure, . . .

SANLANDO REPROGRAPHICS Co. v. VIDIMOS,, 545 So. 2d 397 (Fla. Dist. Ct. App. 1989)

. . . evaluation might be approved in accordance with the deputy’s investigatory authority pursuant to section 440.29 . . .

BEASLEY, a v. MITEL OF DELAWARE, 449 So. 2d 365 (Fla. Dist. Ct. App. 1984)

. . . See § 440.29(1), Florida Statutes. . . .

ODOM, v. WEKIVA CONCRETE PRODUCTS, 443 So. 2d 331 (Fla. Dist. Ct. App. 1983)

. . . Although Section 440.29(1), Florida Statutes (1981), provides, in part, that in compensation hearings . . .

HOTEL ROYAL PLAZA Co. v. EDGAR,, 422 So. 2d 1063 (Fla. Dist. Ct. App. 1982)

. . . While a deputy commissioner is not bound by technical or formal rules of procedure, see § 440.29(1), . . .

CENTRAL OIL CO. Co. v. E. CAMPEN,, 390 So. 2d 191 (Fla. Dist. Ct. App. 1980)

. . . 440.25(6), Fla.Stat., is inapplicable because it does not provide for the assessment of costs, while § 440.29 . . .

ATLANTA NATIONAL REAL ESTATE TRUST FM v. RAIN, R MW, s, 392 So. 2d 1339 (Fla. Dist. Ct. App. 1980)

. . . Sections 440.29(1) and 440.-25(3)(b) Fla.Stat. (1977) authorize such examinations; section 440.25(6) . . . be ordered where there is a conflict in the medical evidence, no such requirement appears in Section 440.29 . . . ANRET’s argument that sections 440.29(1) and 440.25(3) contemplate the use of independent witnesses before . . .

In FLORIDA WORKERS COMPENSATION RULES OF PROCEDURE, 390 So. 2d 698 (Fla. 1980)

. . . conform the rules to the legislative mandate (or comport with the legislative intent) set out in F.S. 440.29 . . .

H. WHEELER C. C. III v. DURHAM CITY BOARD OF EDUCATION, 88 F.R.D. 27 (M.D.N.C. 1980)

. . . Court Concludes JLC 63 JLC 34.8 JLC 50.4 COP 25 COP 20 WAM 24 WAM 19.2 34.8 89.6 112 Expenses: $550.36 $440.29 . . .

In FLORIDA WORKERS COMPENSATION RULES OF PROCEDURE, 374 So. 2d 981 (Fla. 1979)

. . . the Court to promulgate procedural rules relating to practice before deputy commissioners (section 440.29 . . .

SPECIAL DISABILITY TRUST FUND, v. TROPICANA PRODUCTS, INC., 358 So. 2d 1 (Fla. 1978)

. . . Section 440.29(3), Florida Statutes (1975). . . .

In WORKMEN S COMPENSATION RULES OF PROCEDURE, 343 So. 2d 1273 (Fla. 1977)

. . . This petition is authorized under the provisions of Section 440.29(3), Florida Statutes, which was enacted . . . The present § 440.29(3), Fla.Stat. (1975), reads: “The practice and procedure before the commission and . . .

BAY PLUMBING COMPANY, INC. v. HARBIN, 337 So. 2d 799 (Fla. 1976)

. . . is afforded the Judge of Industrial Claims in conducting workmen’s compensation hearings by Section 440.29 . . .

HENDERSON S PORTION PAK v. E. JONES, 281 So. 2d 342 (Fla. 1973)

. . . .-25 (4) (b) and 440.29(2), Florida Statutes, 1971, F.S.A., clearly indicate that an extension of time . . .

W. WARDDELL, v. TROPICANA PRODUCTS, INC., 256 So. 2d 212 (Fla. 1971)

. . . Sections 440.29(2), 440.-02(8) and 440.25, F.S.A., that testimony shall be reported and orders reviewed . . .

EZELL- TITTERTON, INC. v. A. K. F. a P. A. F. A. K. F., 234 So. 2d 360 (Fla. 1970)

. . . . § 440.29 (1967), F.S.A.; Jarvis v. Miami Retreat Foundation, 128 So.2d 393 (Fla.1961). . . . .

R. PAINTER, v. BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY,, 223 So. 2d 33 (Fla. 1969)

. . . Section 440.29, F.S.A. . . .

HONEYWELL, INC. v. L. HALEY a, 216 So. 2d 745 (Fla. 1968)

. . . F.S. section 440.29(2), F.S.A., provides that the “* * * commission shall by regulation provide for the . . . Lieber (Fla.1962), 146 So.2d 896, we sustained as within the authority conferred by Section 440.29(2) . . . We think it reasonably follows from the permissive nature of the authority conferred it in Section 440.29 . . .

UNITED SAND MATERIAL CORPORATION v. FLORIDA INDUSTRIAL COMMISSION N., 201 So. 2d 451 (Fla. 1967)

. . . Sec. 440.29(1), F.S.A., which frees such proceedings from technical or formal rules of procedure in order . . . Nor can the freedom from formal procedures authorized by Sec. 440.29(1) operate to deny a party the opportunity . . .

KIRK, Jr. v. PUBLIX SUPER MARKETS,, 185 So. 2d 161 (Fla. 1966)

. . . Sections 440.25(3) and 440.29(1) authorize the Commission to make or cause to be made such investigation . . .

LIEBER, v. MORRIS LIEBER, INC., 168 So. 2d 313 (Fla. 1964)

. . . Sections 440.29(2), 440.02(8) and 440.25, F.S.A., that-testimony shall be reported and orders reviewed . . .

GENERAL ACCIDENT GROUP, v. LIEBER,, 146 So. 2d 896 (Fla. 1962)

. . . We find that the Rule is a reasonable one authorized by Secs. 440.29(2) and 440.33(1) of the Workmen’ . . .

H. HEATH, v. THOMAS LUMBER COMPANY, F., 140 So. 2d 865 (Fla. 1962)

. . . Coupled with the provision of § 440.29, Florida Statutes, F.S.A., that the Commission shall not be bound . . .

M. BLACKWOOD, v. PENWOVEN, INC., 140 So. 2d 108 (Fla. 1962)

. . . Sec. 440.29, F.S.A. provides that such proceedings shall not be bound by “technical or formal rules of . . .

UNITED ELECTRIC COMPANY v. J. MYERS, 134 So. 2d 7 (Fla. 1961)

. . . decedent’s written statement as corroborated by the above testimony was admissible in evidence under Sec. 440.29 . . .

A. B. COVELL, v. BURGESS,, 115 So. 2d 177 (Fla. Dist. Ct. App. 1959)

. . . Sec. 440.29, F.S., F.S.A., “(1) In making an investigation or inquiry or conducting a hearing the commission . . .

HODGES, v. STATE ROAD DEPARTMENT OF FLORIDA,, 112 So. 2d 593 (Fla. Dist. Ct. App. 1959)

. . . . § 440.29(1), F.S.A., . Hough v. Menses, Fla.1957, 95 So.2d 410; Chambers v. . . .

ASHBURN v. FOOD FAIR STORES,, 8 Fla. Supp. 68 (Fla. Industrial Comm'n 1955)

. . . A hearing is defined in section 440.29(2) as follows — “Hearings before the commission shall be open . . . •The legislature prescribed the conditions of a “hearing” in section 440.29(2) of the Act when it was . . .

GARLICK v. GARLICK OIL CO., 2 Fla. Supp. 11 (Fla. Industrial Comm'n 1952)

. . . . * * * Section 440.29(1), Florida Statutes of 1951. . . .