SENATE AMENDMENT
    Bill No. CS for SB 1188
    Amendment No. ___   Barcode 460858
                            CHAMBER ACTION
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11  Senator Latvala moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 38, line 29, through page 40, line 31, delete
15  those lines
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17  and insert:  
18         (1)(a)  In order to effect the self-executing features
19  of the Workers' Compensation Law, this chapter shall be
20  construed to permit injured employees and employers or the
21  employer's carrier to resolve disagreements without undue
22  expense, costly litigation, or delay in the provisions of
23  benefits. It is the duty of all who participate in the
24  workers' compensation system, including, but not limited to,
25  carriers, service providers, health care providers, managed
26  care arrangements, attorneys, employers, and employees, to
27  attempt to resolve disagreements in good faith and to
28  cooperate with the division's efforts to resolve disagreements
29  between the parties. The division may by rule prescribe
30  definitions that are necessary for the effective
31  administration of this section.
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    12:06 AM   05/02/01                              s1188.bi19.ee

SENATE AMENDMENT Bill No. CS for SB 1188 Amendment No. ___ Barcode 460858 1 (b) An Employee Assistance and Ombudsman Office is 2 created within the Division of Workers' Compensation to inform 3 and assist injured workers, employers, carriers, and health 4 care providers, and managed care arrangements in fulfilling 5 their responsibilities under this chapter. The division may by 6 rule specify forms and procedures for administering requests 7 for assistance provided by this section. 8 (c) The Employee Assistance and Ombudsman Office, 9 Division of Workers' Compensation, shall be a resource 10 available to all employees who participate in the workers' 11 compensation system and shall take all steps necessary to 12 educate and disseminate information to employees and 13 employers. Upon receiving a notice of injury or death, the 14 Employee Assistance and Ombudsman Office is authorized to 15 initiate contact with the injured employee or employee's 16 representative to discuss rights and responsibilities of the 17 employee under this chapter and the services available through 18 the Employee Assistance and Ombudsman Office. 19 (2)(a) An employee may not file a petition requesting 20 any benefit under this chapter unless the employee has 21 exhausted the procedures for informal dispute resolution under 22 this section. 23 (a)(b) If at any time the employer or its carrier 24 fails to provide benefits to which the employee believes she 25 or he is entitled, the employee shall contact the office to 26 request assistance in resolving the dispute. The office may 27 review petitions for benefits filed under s. 440.192 shall 28 investigate the dispute and may shall attempt to facilitate an 29 agreement between the employee and the employer or carrier. 30 The employee, the employer, and the carrier shall cooperate 31 with the office and shall timely provide the office with any 2 12:06 AM 05/02/01 s1188.bi19.ee
SENATE AMENDMENT Bill No. CS for SB 1188 Amendment No. ___ Barcode 460858 1 documents or other information that it may require in 2 connection with its efforts under this section. 3 (b)(c) The office may compel parties to attend 4 conferences in person or by telephone in an attempt to resolve 5 disputes quickly and in the most efficient manner possible. 6 Settlement agreements resulting from such conferences must be 7 submitted to the Office of the Judges of Compensation Claims 8 for approval. 9 (c)(d) The Employee Assistance and Ombudsman Office 10 may assign an ombudsman to assist the employee in resolving 11 the dispute. If the dispute is not resolved within 30 days 12 after the employee contacts the office, The ombudsman may 13 shall, at the employee's request, assist the employee in 14 drafting a petition for benefits and explain the procedures 15 for filing petitions. The division may by rule determine the 16 method used to calculate the 30-day period. The Employee 17 Assistance and Ombudsman Office may not represent employees 18 before the judges of compensation claims. An employer or 19 carrier may not pay any attorneys' fees on behalf of the 20 employee for services rendered or costs incurred in connection 21 with this section, unless expressly authorized elsewhere in 22 this chapter. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 On page 2, lines 18-20, delete those lines 28 29 and insert: 30 duties of the office; amending s. 440.192, 31 F.S.; revising 3 12:06 AM 05/02/01 s1188.bi19.ee