Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.116 - PROSECUTION OF CLAIMS AND PETITIONS FOR BENEFITS

Current through Reg. 50, No. 138; July 16, 2024
(1) All parties shall diligently prosecute or
				defend the claim or petition, including but not limited to timely conducting
				all necessary discovery. A request for a continuance shall be made by motion,
				shall specify the reason that the continuance is necessary, and shall
				demonstrate due diligence by describing the specific actions the moving party
				has taken to correct the circumstances alleged to be beyond the party's
				control.
(2) A claim or petition
				may be dismissed by the claimant or petitioner without an order by filing, or
				announcing on the record, a voluntary dismissal at any time before the
				conclusion of the final hearing. Unless otherwise stated in the notice, the
				dismissal is without prejudice, except that a second notice of voluntary
				dismissal shall operate as an adjudication of denial of any claim or petition
				for benefits previously the subject of a voluntary dismissal.
(3) The judge may conduct any proceedings by
				telephone conference. Testimony may be taken by telephone with the written
				agreement of all parties or approval by the judge. In such event, the oath
				shall be administered in the physical presence of the witness by a notary
				public or officer authorized to administer oaths, unless the parties stipulate
				to administration of the oath telephonically by the judge or the judge
				determines good cause exists for the judge to administer the oath
				telephonically.
(4) The judge may
				conduct any proceedings using video teleconference equipment, platforms, or
				applications approved by the Deputy Chief Judge. In the event that testimony is
				taken by video teleconference, administration of the oath by the judge during
				the proceeding is as binding as if the judge and witness were physically
				present in the same room. A motion for an in-person hearing or mediation,
				instead of a video teleconference proceeding, may be granted upon a showing of
				good cause.
(5) Upon proper motion
				of any party, the judge may enter an order reflecting the terms of any written
				stipulation or agreement between the parties.
(6) Any attorney or unrepresented claimant
				who has filed a petition for benefits must file a pleading with the judge in
				order to cancel the corresponding final hearing. The pleading must be filed
				prior to the scheduled final hearing and shall indicate the manner in which
				each issue was resolved. Upon receipt of such cancellation pleading, the judge
				shall change the status of the affected petition or petitions in the OJCC
				database. Cases with no currently pending issues scheduled for mediation or
				hearing shall be reflected in the OJCC database as "inactive." Upon changing a
				case status from active to inactive, the OJCC central clerk shall issue an
				order documenting such status change. In the event such a change to "inactive"
				is erroneous, the assigned judge may issue an order vacating the prior order
				and restoring the case to "active."
(7) No more than 10 days but no less than two
				business days prior to the final hearing, each party is required to file a
				brief memorandum consisting of a statement of relevant facts and written
				argument, which shall include filing dates or docket ID for any evidentiary
				documents which will be relied upon at trial. All depositions and documentary
				evidence, including known impeachment and rebuttal evidence a party intends to
				offer into evidence, shall be filed with the memorandum. Any evidence which is
				not capable of electronic filing, including but not limited to diagnostic films
				or audio or audiovisual recordings shall be filed contemporaneously with the
				memorandum and served on all parties by the same method, U.S. mail, delivery,
				etc., as delivered to the judge's office. In the event of a re-scheduling or
				continuance, documents timely filed pursuant to this rule need not be re-filed
				prior to the re-scheduled or continued hearing. Documentary evidence not timely
				filed may be excluded from evidence, absent a written stipulation of the
				parties or an order extending the deadline for filing for good cause
				shown.
(8) Any party calling a
				witness in need of translation services shall be responsible to provide
				therefor. The OJCC will not provide translation services except in exceptional
				circumstances and upon written request filed with the Deputy Chief Judge at
				least 10 days prior to the mediation or hearing for which such services are
				sought and for good cause shown.
(9) Appointment of an expert medical advisor,
				except during the final hearing, shall be sought by written motion. The motion
				shall specifically state the conflict in medical opinions, identify the
				providers who rendered those opinions, their medical specialties, and attach
				the documentation that memorializes those opinions.
(10) The order appointing an expert medical
				advisor shall identify the appointed advisor and the conflict to be
				resolved.
(11) Unless otherwise
				ordered by the judge, within 10 days of the order appointing an expert medical
				advisor, the parties shall jointly submit to the appointed advisor a composite
				of all documents and records which the parties agree the advisor will review.
				Any party may move for an order to permit submission of additional or
				non-stipulated records.
(12) The
				report of an expert medical advisor is admissible in evidence at the final
				hearing unless excluded by the judge for good cause shown.
Rulemaking Authority
					 440.45(1)(a),
					 (4) FS. Law Implemented
					 440.25(4),
					 440.29(2),
					 440.33(1),
					 440.45(1)(a),
					 (4)
					 FS.
New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14,
					 2-14-22, 3-15-23.