Florida/Georgia Personal Injury & Workers Compensation

...1st DCA 1980) (reversing the decision of the JCC to deny setting aside a settlement agreement). These judicial interpretations are consistent with the express terms of chapter 440, Florida Statutes (2001), which constitutes the Workers' Compensation Act. For example, section 440.33(1) has the following language: The judge of compensation claims may... do all things comformable to law which may be necessary to enable the judge effectively to discharge the duties of his or her office. § 440.33(1), Fla....

...to it by the legislature or rules of procedure. [2] In light of Farrell `s binding *27 authority, we find that the First District correctly determined that the JCC in this case was not vested with the authority to vacate and reenter his final order. SECTION 440.33(1), FLORIDA STATUTES (1993) Alternatively, Millinger asserts that the JCC had inherent authority to vacate and reenter his final order pursuant to section 440.33(1), Florida Statutes (1993), which states: The judge of compensation claims may preserve and enforce order during any such proceeding; issue subpoenas for, administer oaths or affirmations to, and compel the attendance and testimony of...

...nister oaths; examine witnesses; and do all things conformable to law which may be necessary to enable him effectively to discharge the duties of his office. (Emphasis added.) In Morgan Yacht Corp. v. Edwards, 386 So.2d 883, 884 (Fla. 1st DCA 1980), section 440.33(1) was interpreted as giving a JCC the authority to rescind his approval of a settlement upon discovering that the settlement was based on the claimant's "flagrant fraud and misrepresentations." Id....

...at 884; see also Atlantis Nursing Center v. Drinkwater, 616 So.2d 627 (Fla. 1st DCA 1993); Oakdell, Inc. v. Gallardo, 505 So.2d 672 (Fla. 1st DCA 1987). Millinger asserts that, because there is no qualitative difference between Morgan Yacht and this case, the JCC had authority under section 440.33(1) to vacate and reenter his order to preserve Millinger's appellate rights....

...ok it upon herself to call the court." Millinger, 655 So.2d at 104. Quite simply, it appears Millinger's notice of appeal was untimely filed because counsel failed to manage his office professionally. [3] Therefore, the broad interpretation given to section 440.33(1) in Morgan Yacht, where an order was procured by fraud, does not apply to this case....

...A reasonable interpretation of this authority is that it includes the power to inquire into medical treatment and examinations and in doing so to require the production of pertinent reports and records of doctors and hospitals. If there is any doubt that it has this authority it is dispelled by the provisions of Section 440.33(1) which specifically empowers the Commission to order production of documents and other evidence, and the taking of depositions....

...refuses to make discovery when ordered to do so. Among other things a court may stay further proceedings or dismiss the action. It would seem logical that a deputy ought to have the same power; however, we are forced to conclude that he does not. In Section 440.33 the Legislature enumerated the powers of the Commission....

...ption precludes the doing of it in another way. We are therefore forced to conclude that the deputy did not under these facts have the authority to dismiss the claim, and that he should have certified the matter to the circuit court pursuant to Sec. 440.33....

...inion. It is so ordered. THORNAL, C.J., and DREW and CALDWELL, JJ., concur. ERVIN, J., dissents with opinion. ERVIN, Justice (dissenting): I would affirm the order of the Full Commission. Even if the Workmen's Compensation Law, and particularly F.S. § 440.33(2), F.S.A., thereof, restricts the Deputy to the cumbersome procedure of seeking the aid of contempt of court proceedings from the circuit court to compel the production of a relevant document, I find that F.S....

...istrative procedures of state agencies, including their hearings and adjudications. The Act is supplemental and cumulative to prior laws regulating hearings and administrative procedures of specific state agencies. Section 120.25, later in time than § 440.33(2), provides that a state agency, through its hearing examiner (in this instance the Deputy Commissioner) may issue subpoenas authorized by law, rule upon offers of proof and receive relevant evidence, dispose of procedural requests or simi...

...1st DCA 1999) (noting that a "JCC lacks contempt authority"). Nothing in chapter 440 gives the JCC the authority, power, or jurisdiction to conduct an attorney disciplinary proceeding or sanction an attorney for a violation of the Florida Rules of Professional Conduct. See § 440.33, Fla....

...e hearing. The enforcement of a subpoena or order by a hearing officer pursuant to § 120.58(3), Fla. Stat. is very similar to the procedure for the enforcement of process orders by a deputy commissioner in a workers' compensation matter pursuant to § 440.33, Fla. Stat. Unfortunately, § 120.58(3) is not nearly as explicit as § 440.33(2), which provides: If any person in proceedings before the deputy commissioner disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the same, or neglects to produce, af...

...1st DCA), review denied 583 So.2d 1035 (Fla.1991) ("Unlike a court of general jurisdiction, a judge of compensation claims does not have inherent judicial power but only the power expressly conferred by chapter 440.") The employer/carrier's argument that the JCC had authority to set such a time limitation pursuant to section 440.33(1), Florida Statutes, is not persuasive. We do not address the employer/carrier's assertion that the JCC had authority to dismiss the petition as a sanction pursuant to section 440.33(2), Florida Statutes, because the JCC did not dismiss the petition on this basis....

...It would be inconceivable to give a Judge of Industrial Claims authority to approve a settlement but no authority to rescind his action when it is based on misrepresentations and fraud. It is our opinion that a Judge of Industrial Claims has this authority. Section 440.33(1), Florida Statutes (1977), provides that a Judge of Industrial Claims has authority to do all things conformable to law which may be necessary to discharge the duties of the office. Setting aside orders based on flagrant fraud and misrepresentations as present in this case is an authority granted by Section 440.33(1)....

...A JCC lacks inherent judicial power, such as that given a court of general jurisdiction. See Pace v. Miami-Dade County Sch. Bd., 868 So.2d 1286, 1287 (Fla. 1st DCA 2004). The JCC only has the power expressly set out in chapter 440, Florida Statutes. Id. Section 440.33(1), Florida Statutes, directs that a JCC may "do all things conformable to law which may be necessary to enable the judge effectively to discharge the duties of his or her office." A JCC is required to approve any attorney's fee paid as a result of a settlement agreement....

...sion. The court reporter or transcriber shall promptly notify the parties in writing of the date of such delivery. The Judge or the Commission may, sua sponte, or on motion of a party, secure compliance with this section by invoking the authority of § 440.33, Florida Statutes....

...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. See also, Morgan Yacht Corporation v. Edwards, 386 So.2d 883 (Fla. 1st DCA 1980), which found that Section 440.33(1), Florida Statutes, authorized the deputy to rescind his approval of settlement stipulations upon a finding of fraud....

...BOOTH and ALLEN, JJ., concur. NOTES [1] For purposes of our analysis, we assume that the discretion of a judge of compensation claims to impose sanctions for discovery violations is no less broad, except that contempt is not available to a judge of compensation claims. § 440.33, Fla....

...uding applicable manufacturer’s shipping and handling.”). * A JCC is empowered to preserve and enforce order in workers’ compensation proceedings, and may compel discovery and “do all things conformable to law” in carrying out such duties. § 440.33(1), Fla....

...itted fraud, don't you think it would be within the province of the Legislature to state what the sanction would be if the [E/C] committed fraud?" [2] We do not reach the question of what type of sanctions the JCC is authorized to impose pursuant to section 440.33 or Florida Administrative Code Rule 60Q-6.125 because that issue was not specifically raised before the JCC and Claimant did not allege that the E/C or its attorney violated any rule of procedure or order of the JCC....

...Wilkey, Coral Gables, for appellants. Neil Chonin, and Joseph C. Segor, Miami, for appellees. THOMPSON, Judge. The employer/carrier (E/C) appeal a workers' compensation order, contending that the deputy commissioner (deputy) erred: (1) in refusing to exercise her § 440.33(2), Fla....

...chores. Claimant cross-appeals, contending that the deputy should have awarded attendant nursing care services on a 24-hour-a-day basis. We agree that the deputy's failure to certify the E/C's non-appearing witnesses to the circuit court pursuant to § 440.33(2) was error....

...Although the attorney for the E/C informed the deputy that he had personally spoken with the witnesses, and that they had assured him that they would honor their subpoenaes, the deputy refused to honor the attorney's request that the witnesses be certified to the circuit court for possible contempt proceedings, pursuant to § 440.33(2)....

...The Commission reversed the dismissal order solely on the authority of Kirk v. Publix Super Markets, Fla. 1966, 185 So.2d 161, with remand for further proceedings in accordance with the holding in that case. Such remand signifies that the stated failures of claimant should be certified to the Circuit Court pursuant to Section 440.33(2), Florida Statutes, F.S.A., for contempt proceedings as the only means prescribed by law for correction of claimant's failures....

...The JCC struck the employer's defenses and the deposition of chiropractic physician Dougherty as sanctions. He awarded Murphy temporary total disability (ttd), and chiropractic medical care. The JCC clearly has authority to issue the instant order. § 440.33(1), Fla. Stat. (1991). Section 440.33(1) provides: Powers of judges of compensation claims....

...order of a judge of compensation claims entered for such purposes shall be deemed to be an order of a court of competent jurisdiction. (Emphasis added.) [1] See also Fla.R.Work. Comp.P. 4.100. The JCC also clearly has authority to impose sanctions. § 440.33(1), Fla....

...iscretion under the facts of this case. BENTON, Judge, concurring. I concur in the judgment of the court. Counsel failed to comply with a lawful order of the judge of compensation claims. The order requiring that memoranda be filed was authorized by section 440.33(1), Florida Statutes (1993), whether or not any other authority would have given or did in fact supply other (superfluous) authorization....

...The case can therefore be decided without reaching any constitutional question. Although I would not make findings of fact for the first time on appeal, I agree that, even indulging very generous assumptions in support of the sanction imposed below, it was unjustified and should be overturned. NOTES [1] Section 440.33(2) provides: "If any person in proceedings before the judge of compensation claims disobeys or resists any lawful order ......

...in the same manner and to the same extent as for contempt... ." The Florida Supreme Court, in Kirk v. Publix Super Markets, 185 So.2d 161 (Fla. 1966), held that a deputy commissioner lacks authority to dismiss a claim and should certify enforcement problems to the circuit court for sanctions pursuant to section 440.33(2)....

...ess. 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.)....

...ions, before the filing of a claim, is limited to proceedings in which the claimant is represented by an attorney, and the statute further provides for payment of attorney's fees to the claimant's attorney for representation at such depositions. [2] Section 440.33(1), authorizes a Judge of Compensation Claims to do "all things conformable to law which may be necessary to enable him effectively to discharge the duties of his office." The key phrases are "conformable to law" and "duties of his off...

...This court has recently declined the invitation to read into section 440.191 authority on the part of a JCC to impose sanctions for a party's failure to attempt to resolve disputes in good faith or to cooperate with the settlement efforts of the EAO, or to find such power implied from the provisions of section 440.33(1)....

...g that the employee is given the right to "appeal" to the JCC in the event the E/C withholds payments in excess of the authority granted by this section. Section 440.13(5)(d). Unlike section 440.30, dealing with the taking of depositions, and unlike section 440.33(1), as implemented by Rule 4.090, Florida Rules of Workers' Compensation Procedure, providing for the preclaim production of documents if the claimant is represented by an attorney, section 440.13(5) contains no authority for the JCC t...

...1st DCA 1991). In Morgan Yacht Corp. v. Edwards, 386 So.2d 883 (Fla. 1st DCA 1980), this court found that a settlement was brought about by a claimant's misrepresentation and fraud, and held that under such circumstances, a JCC has the authority under section 440.33(1), Florida Statutes, to rescind a settlement that he has previously approved: A judge of compensation claims "has authority to do all things conformable to law which may be necessary to discharge the duties of the office." Id....

...The Employer/Carrier (E/C) responds that, while it did not cite the particular case relied upon by the JCC, the case supported the specific relief sought by the E/C. The JCC is authorized to "do all things conformable to law which may be necessary to enable the judge effectively to discharge the duties of her or his office." § 440.33(1), Fla....

...Ctr. v. Capua, 634 So.2d 1141 (Fla. 3d DCA 1994). However, interlocutory orders, such as the one at issue here, are matters which properly belong before the judge of compensation claims who has the power to enforce his or her own interlocutory orders. § 440.33, Fla....

...in good faith or to cooperate with EAO efforts to resolve disagreements between the parties; nor can this power be implied from any other provision of chapter 440 or the Workers' Compensation Rules of Procedure. We reject Claimant's contention that section 440.33, authorizing a judge of compensation claims to do all things conformable to law that may be necessary to discharge the duties of his or her office, should be read to empower the judge to impose sanctions for derelictions in proceedings...

...Id. at 49. In the instant order, however, the JCC was supervising the E/C's compliance with her order rather than supervising the medical care of the claimant. Workers' compensation law and procedure allow JCCs to enforce their own *1212 orders. See § 440.33(1), Fla....

...1st DCA 2010) (relying on Rule Regulating The Florida Bar 4-1.7, court quashed JCC's denial of motion to disqualify law firm representing two parties in same case without obtaining proper releases from both clients). Because the JCC is empowered to do all things conformable with law pursuant to section 440.33(1), Florida Statutes (2007), the JCC has jurisdiction to determine whether Rules Regulating The Florida Bar 4-1.9 and 4-1.10 require the disqualification of Zaldivar's firm in this case....

...Ctr. v. Capua, 634 So.2d 1141 (Fla. 3d DCA 1994). However, interlocutory orders, such as the one at issue here, are matters which properly belong before the judge of compensation claims who has the power to enforce his or her own interlocutory orders. § 440.33, Fla....

...inal order here.1 We, therefore, REVERSE and REMAND for a properly noticed evidentiary hearing. 1 Our holding should not be construed as limiting the power of a JCC to approve or disapprove an attorney’s fee under section 440.34(1). See also § 440.33(1), Fla....

...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 ......

...Indeed, “JCCs have exclusive subject matter jurisdiction over disputed workers’ compensation claim matters” and “a JCC may do all things conformable to law necessary to effectively discharge the duties of his office.” Sanders, 997 So.2d at 1094 ; see also § 440.33(1), Fla....

Commission remanding this cause, pursuant to F.S. Section 440.33(1), F.S.A., for hearing de novo before the

...1st DCA 1992). “The judge of compensation claims may ... compel the attendance ... of witnesses ...; and do all things conformable to law which may be necessary to enable him [or her] effectively to discharge the duties of his [or her] office.” § 440.33(1), Fla....

...However, before the thirty-day period had expired, the employer/carrier sent to the *905 deputy commissioner a proposed order compelling discovery of the tax return. This order the deputy commissioner signed with no hearing and with no notice to Stephens. Pursuant to Section 440.33(1), Florida Statutes (1981), the deputy commissioner has the authority to "compel ......

...e supervision of the Deputy Commissioner. Stephens v. Southern Furniture Transports, Inc., 420 So.2d 904 (Fla.1st DCA 1982). This rule does not modify and is consistent with the powers and authority conferred upon the Deputy Commissioner pursuant to section 440.33, Florida Statutes....

...the-deputy commissioner. Stephens v. Southern Furniture -Transports, Inc., 420 So.2d 904 (F-Ia.lst DGA^1982), — This rule dees not-medtfy ■ and is consistent--with the powers and authority-conferred — upon-the deputy commissioner pursuant to -section 440.33, Florida- Statutes, 1988 Amendment, — Subdivision (g) of this rule is intended to conform to Dodson v.-Persell, 390 So-.2d 704 (F-la-.1980).- RULE 4.095....

...Subpoenas- will be issued on request of the parties or their counsel. If any party or legally subpoenaed witness fails to appear at the time and place set for the hearing, sanctions under rule 4.150 may be imposed or punitive actions authorized under sections 440.32 and 440.33, Florida Statutes, may be initiated....

...r-dismissab-o-f — proceedings*; imposition of costs* or attorney fees*; or such other *658 sanctions as the judge of compensation claims shallmay deem appropriate. These sanctions are in addition to any sanctions available to the judge pursuant to section 440.33, Florida Statutes....

...Subpoenas will be issued on request of the parties or their counsel. fg. Subpoenaed Witnesses — Failure to Appear, Sanctions. If any party or legally subpoenaed witness fails to appear at the time and place set for this hearing, sanctions under rule 4.150 may be imposed or punitive actions authorized under section 440.33, Florida Statutes, may be instigated....

...Subpoenaed witnesses — failure to appear, sanctions. If any party or legally subpoenaed witness fails to appear at the time and place set for this hearing, sanctions under rule 4,150 may be imposed or punitive actions authorized under sections 440.32 and 440.33, Florida Statutes, may be initiated....

...sion of the ©deputy ©commissioner. Stephens v. Southern Furniture Transports, Inc., 420 So.2d 904 (Fla. 1st DCA 1982). This rule does not modify and is consistent with the powers and authority conferred upon the ©deputy ©commissioner pursuant to section 440.33, Florida Statutes....

...Subpoenas will be issued on request of the parties or their counsel. f. Subpoenaed witnesses — failure to appear, sanctions. If any party or legally subpoenaed witness fails to appear at the time and place set for this hearing, sanctions under rule 4.150 may be imposed or punitive actions authorized under section 440.33, Florida Statutes, may be instigated....

remained unpaid. See Fla. R. Work. Comp. 4.150; § 440.33(1), Fla. Stat. (1991). Cf. Horizon Healthcare

...Analysis We review the dismissal order in this case for an abuse of discretion. Hill v. Greyhound Lines, Inc., 988 So.2d 1250, 1251 (Fla. 1st DCA 2008) ("The standard of review for orders dismissing a party's case with prejudice is whether the JCC abused his or her discretion."). Section 440.33(1) authorizes the JCC to "do all things conformable to law which may be necessary to enable the judge effectively to discharge the duties of her or his office." This statute and its implementing rule, Florida Administrative Code Rule 6...

...rticular question counsel improperly instructed McDermott not to answer, we find the order does not depart from the essential requirements of law. Although no Florida case is on point, the JCC has the discretion to enter such an order. See generally § 440.33, Fla....

...no subsequent order had been entered referring the parties to mediation under Rule 4.340, we find that under the particular facts of this case, the JCC did not have the authority to impose sanctions under Rule 4.360(b), or under Rule 4.150, or under section 440.33, Florida Statutes (1995)....

deputy to subpoena hospital records pursuant to Section 440.33, Florida Statutes. We treat the appeal as petition

...(permitting the JCC to tax the reasonable cost of a workers’ compensation proceeding against the employer, except for attorney fees, if the claimant prevails). Further, while the JCC possesses the authority to impose a sanction in appropriate circumstances, see section 440.33, Florida Statutes (1995), Hanna v....

...rights under chapter 440 unless a claimant first files a petition for benefits. An E/C has a statutory right to access a claimant’s social security disability benefit records pursuant to section 440.15(9)(c). The JCC has jurisdiction, pursuant to section 440.33(1), to “do all things conformable to law which may be necessary to enable the [JCC] effectively to discharge the duties of her or his office.” Here, the JCC compelling Claimant to sign the SSA form was conformable, or based on, section 440.15(9)(c) and therefore necessary to discharge the duties of his office....

...For the JCC to be vigilant in ensuring that only reasonable and necessary fees be awarded, the JCC must be cloaked with the authority to deny a fee that is unconscionably excessive, even if the amount of such fee is "uncontroverted" based on the record evidence. See § 440.33(1), Fla....

...related to the task of prosecuting the medical mileage claim. I believe the better course would have been for the JCC, upon finding the fee established by the evidence unconscionably excessive, to pose questions to the witnesses (as is permitted by section 440.33(1)) to establish the record basis for the reduction in hours....

...compensation claims' (JCC's) denial of its motion to certify facts to the circuit court filed because Claimant failed to pay *1006 the costs awarded to the E/C following Claimant's unsuccessful attempt to obtain benefits. We agree with the JCC that section 440.33(2), Florida Statutes (2009), does not apply to the situation presented in this case. Because resolution of this issue requires statutory interpretation, our review is de novo. See Lombardi v. S. Wine & Spirits, 890 So.2d 1128, 1129 (Fla. 1st DCA 2004). Section 440.33(2) provides that: If any person in proceedings before the judge of compensation claims disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the hearing, or neglects...

...statute. See Orr v. Trask, 464 So.2d 131, 135 (Fla.1985) (applying rule of statutory construction in construing section 440.45, Florida Statutes (1981)). After listing various actions that could result in disruptions in the process of trying a case, section 440.33(2) concludes by directing the JCC to certify facts to a civil court that is to hear evidence and punish a guilty party "in the same manner and to the same extent as for a " contempt " committed before the court." (emphasis added)....

...1st DCA 2007) ("Courts of Compensation Claims are not courts of general jurisdiction, and therefore do not have `general' jurisdiction over any subject matter beyond that specifically conferred by statute."). Thus, we reject the E/C's argument that application of section 440.33(1), Florida Statutes (2009), giving JCCs the power to effectuate and discharge the duties of their office, would allow the action requested here. Nothing in the language of section 440.33(2) suggests that it *1007 applies to the broader notion of contempt encompassing the enforcement of final orders....

...its to Claimant. Section 440.13(2)(b), Florida Statutes, requires an e/c to provide attendant care in a certain manner. The E/C here reported the payments to the IRS as if it had paid them to Claimant and not his attendant-care provider. Pursuant to section 440.33(1), Florida Statutes, which provides the JCC has the power to "do all things conformable to law which may be necessary to enable the judge effectively to discharge the duties of her ......

effectively discharge the duties of the office, see § 440.-33(1), Florida Statutes, these provisions do not

...In contrast, attorney Zaldivar invoked the jurisdiction of the court in this case by filing the motion for an attorney’s fee. The judge had both a right and a duty to ensure that Mr. Zaldivar was entitled to a fee under the statute before granting the motion. Section 440.33(1), Florida Statutes (2002) provides that, when a matter is properly before a judge of compensation claims, the judge has authority to “do all things conformable to law which may be necessary to enable the judge effectively to discha...

...Just after Siena appealed, an attorney left the Broussard firm to join the Bichler firm. The Employer moved to disqualify the Bichler firm, based on conflict created by the attorney’s move. We agree with the JCC’s exercise of jurisdiction over the motion under section 440.33, Florida Statutes, Florida Rule of Appellate Procedure 9.180(c)(1), and the Rules Regulating the Florida Bar....

...compensation judge is statutorily empowered to “preserve and enforce order during any [compensation] proceeding” and to “do all things conformable to law which may be necessary to enable the [compensation] judge effectively to discharge the duties of [] office.” § 440.33(1), Fla....

...& Prof’l Reg., 302 So. 3d 1085, 1088 (Fla. 1st DCA 2020) (Tanenbaum, J., dissenting). 6 meaningful, full and fair, and not merely colorable or illusive.” Rucker, 684 So. 2d at 841. The compensation judge has the authority under section 440.33, Florida Statutes, to make sure this happens. It bears emphasizing that Christy Siena is the appellant (on behalf of her deceased husband); the law firm she hired to provide her legal representation is not....

...supervision of the Deputy Commissioner. Stephens v. Southern Furniture Transports, Inc., 420 So.2d 904 (Fla. 1st DCA 1982). This rule does not modify and is consistent with the powers and authority conferred upon the Deputy Commissioner pursuant to section 440.33, Fla.Stat....

...indeed the E/C wishes to further pursue such efforts. 4 Thus, much of the E/C’s argument concerning the JCC’s failure to order an evaluation by the Department under section 440.49(l)(a), and under the specific authority conferred upon the JCC by section 440.33(3) to order such evaluation, is misplaced....

...Unlike a court of general jurisdiction, a judge of compensation claims does not possess inherent judicial power. See Pace v. Miami-Dade County Sch. Bd., 868 So.2d 1286, 1287 (Fla. 1st DCA 2004). Such a judge possesses only the authority expressly set out in chapter 440, Florida Statutes. Id. Section 440.33(1), Florida Statutes, provides that a judge of compensation claims may "do all things conformable to law which may be necessary to enable the judge effectively to discharge the duties of her or his office." It is well-settled that the...