HOUSE AMENDMENT
                                               Bill No. CS/HB 1803
    Amendment No. 2 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Melvin, Ross, and Waters offered the
12  following:
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14         Amendment 
15         On page 31, line 17 through page 38, line 9
16  remove from the bill:  all of said lines
17  
18  and insert in lieu thereof:  
19         (11)(a)  When a claimant is not represented by counsel,
20  upon joint petition of all interested parties, a lump-sum
21  payment in exchange for the employer's or carrier's release
22  from liability for future medical expenses, as well as future
23  payments of compensation expenses and any other benefits
24  provided under this chapter, shall be allowed at any time in
25  any case in which the employer or carrier has filed a written
26  notice of denial within 120 days after the employer receives
27  notice date of the injury, and the judge of compensation
28  claims at a hearing to consider the settlement proposal finds
29  a justiciable controversy as to legal or medical
30  compensability of the claimed injury or the alleged accident.
31  The employer or carrier may not pay any attorney's fees on
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    File original & 9 copies    04/25/01                          
    hin0002                     10:57 pm         01803-0004-870473

HOUSE AMENDMENT Bill No. CS/HB 1803 Amendment No. 2 (for drafter's use only) 1 behalf of the claimant for any settlement under this section 2 unless expressly authorized elsewhere in this chapter. Upon 3 the joint petition of all interested parties and after giving 4 due consideration to the interests of all interested parties, 5 the judge of compensation claims may enter a compensation 6 order approving and authorizing the discharge of the liability 7 of the employer for compensation and remedial treatment, care, 8 and attendance, as well as rehabilitation expenses, by the 9 payment of a lump sum. Such a compensation order so entered 10 upon joint petition of all interested parties is not subject 11 to modification or review under s. 440.28. If the settlement 12 proposal together with supporting evidence is not approved by 13 the judge of compensation claims, it shall be considered void. 14 Upon approval of a lump-sum settlement under this subsection, 15 the judge of compensation claims shall send a report to the 16 Chief Judge of the amount of the settlement and a statement of 17 the nature of the controversy. The Chief Judge shall keep a 18 record of all such reports filed by each judge of compensation 19 claims and shall submit to the Legislature a summary of all 20 such reports filed under this subsection annually by September 21 15. 22 (b) When a claimant is not represented by counsel, 23 upon joint petition of all interested parties, a lump-sum 24 payment in exchange for the employer's or carrier's release 25 from liability for future medical expenses, as well as future 26 payments of compensation and rehabilitation expenses, and any 27 other benefits provided under this chapter, may be allowed at 28 any time in any case after the injured employee has attained 29 maximum medical improvement. An employer or carrier may not 30 pay any attorney's fees on behalf of the claimant for any 31 settlement, unless expressly authorized elsewhere in this 2 File original & 9 copies 04/25/01 hin0002 10:57 pm 01803-0004-870473
HOUSE AMENDMENT Bill No. CS/HB 1803 Amendment No. 2 (for drafter's use only) 1 chapter. A compensation order so entered upon joint petition 2 of all interested parties shall not be subject to modification 3 or review under s. 440.28. However, a judge of compensation 4 claims is not required to approve any award for lump-sum 5 payment when it is determined by the judge of compensation 6 claims that the payment being made is in excess of the value 7 of benefits the claimant would be entitled to under this 8 chapter. The judge of compensation claims shall make or cause 9 to be made such investigations as she or he considers 10 necessary, in each case in which the parties have stipulated 11 that a proposed final settlement of liability of the employer 12 for compensation shall not be subject to modification or 13 review under s. 440.28, to determine whether such final 14 disposition will definitely aid the rehabilitation of the 15 injured worker or otherwise is clearly for the best interests 16 of the person entitled to compensation and, in her or his 17 discretion, may have an investigation made by the 18 Rehabilitation Section of the Division of Workers' 19 Compensation. The joint petition and the report of any 20 investigation so made will be deemed a part of the proceeding. 21 An employer shall have the right to appear at any hearing 22 pursuant to this subsection which relates to the discharge of 23 such employer's liability and to present testimony at such 24 hearing. The carrier shall provide reasonable notice to the 25 employer of the time and date of any such hearing and inform 26 the employer of her or his rights to appear and testify. When 27 the claimant is represented by counsel or when the claimant 28 and carrier or employer are represented by counsel, final 29 approval of the lump-sum settlement agreement, as provided for 30 in a joint petition and stipulation, shall be approved by 31 entry of an order within 7 days after the filing of such joint 3 File original & 9 copies 04/25/01 hin0002 10:57 pm 01803-0004-870473
HOUSE AMENDMENT Bill No. CS/HB 1803 Amendment No. 2 (for drafter's use only) 1 petition and stipulation without a hearing, unless the judge 2 of compensation claims determines, in her or his discretion, 3 that additional testimony is needed before such settlement can 4 be approved or disapproved and so notifies the parties. The 5 probability of the death of the injured employee or other 6 person entitled to compensation before the expiration of the 7 period during which such person is entitled to compensation 8 shall, in the absence of special circumstances making such 9 course improper, be determined in accordance with the most 10 recent United States Life Tables published by the National 11 Office of Vital Statistics of the United States Department of 12 Health and Human Services. The probability of the happening of 13 any other contingency affecting the amount or duration of the 14 compensation, except the possibility of the remarriage of a 15 surviving spouse, shall be disregarded. As a condition of 16 approving a lump-sum payment to a surviving spouse, the judge 17 of compensation claims, in the judge of compensation claims' 18 discretion, may require security which will ensure that, in 19 the event of the remarriage of such surviving spouse, any 20 unaccrued future payments so paid may be recovered or recouped 21 by the employer or carrier. Such applications shall be 22 considered and determined in accordance with s. 440.25. 23 (c) Notwithstanding s. 440.21(2), when a claimant is 24 represented by counsel, the claimant may waive all rights to 25 any and all benefits under this chapter by entering into a 26 settlement agreement releasing the employer and the carrier 27 from liability for workers' compensation benefits in exchange 28 for a lump-sum payment to the claimant. The settlement 29 agreement requires approval by the judge of compensation 30 claims only as to the attorney's fees paid to the claimant's 31 attorney by the claimant. The parties need not submit any 4 File original & 9 copies 04/25/01 hin0002 10:57 pm 01803-0004-870473
HOUSE AMENDMENT Bill No. CS/HB 1803 Amendment No. 2 (for drafter's use only) 1 information or documentation in support of the settlement, 2 except as needed to justify the amount of the attorney's fees. 3 Neither the employer nor the carrier is responsible for any 4 attorney's fees relating to the settlement and release of 5 claims under this section. Payment of the lump-sum settlement 6 amount must be made within 14 days after the date the judge of 7 compensation claims mails the order approving the attorney's 8 fees. Any order entered by a judge of compensation claims 9 approving the attorney's fees as set out in the settlement 10 under this subsection is not considered to be an award and is 11 not subject to modification or review. The judge of 12 compensation claims shall report these settlements to the 13 Deputy Chief Judge in accordance with the requirements set 14 forth in paragraphs (a) and (b). Settlements entered into 15 under this subsection are valid and apply to all dates of 16 accident. 17 (d) With respect to any lump-sum settlement under this 18 subsection, a judge of compensation claims must consider 19 whether the settlement provides for appropriate recovery of 20 any child support arrearage. 21 (e)(c) This section applies to all claims that the 22 parties have not previously settled, regardless of the date of 23 accident. 24 Section 17. Section 440.22, Florida Statutes, is 25 amended to read: 26 440.22 Assignment and exemption from claims of 27 creditors.--No assignment, release, or commutation of 28 compensation or benefits due or payable under this chapter 29 except as provided by this chapter shall be valid, and such 30 compensation and benefits shall be exempt from all claims of 31 creditors, and from levy, execution and attachments or other 5 File original & 9 copies 04/25/01 hin0002 10:57 pm 01803-0004-870473
HOUSE AMENDMENT Bill No. CS/HB 1803 Amendment No. 2 (for drafter's use only) 1 remedy for recovery or collection of a debt, which exemption 2 may not be waived. However, the exemption of workers' 3 compensation claims from creditors does not extend to claims 4 based on an award of child support or alimony. 5 Section 18. Subsections (1), (2), (3), and (4) and 6 paragraph (b) of subsection (5) of section 440.25, Florida 7 Statutes, are amended to read: 8 440.25 Procedures for mediation and hearings.-- 9 (1) Within 21 days after a petition for benefits is 10 filed under s. 440.192, a mediation conference concerning such 11 petition shall be held. Within 7 days after such petition is 12 filed, the judge of compensation claims shall notify the 13 interested parties that a mediation conference concerning such 14 petition will be held. Such notice shall give the date, time, 15 and location of the mediation conference. Such notice may be 16 served personally upon the interested parties or may be sent 17 to the interested parties by mail. The claimant or the 18 adjuster of the employer or carrier may, at the mediator's 19 discretion, attend the mediation conference by telephone or, 20 if agreed to by the parties, other electronic means. 21 (2) Any party who participates in a mediation 22 conference shall not be precluded from requesting a hearing 23 following the mediation conference should both parties not 24 agree to be bound by the results of the mediation conference. 25 A mediation conference is required to be held unless this 26 requirement is waived by the Deputy Chief Judge. No later than 27 3 days prior to the mediation conference, all parties must 28 submit any applicable motions, including, but not limited to, 29 a motion to waive the mediation conference, to the judge of 30 compensation claims. 31 (3) Such mediation conference shall be conducted 6 File original & 9 copies 04/25/01 hin0002 10:57 pm 01803-0004-870473
HOUSE AMENDMENT Bill No. CS/HB 1803 Amendment No. 2 (for drafter's use only) 1 informally and does not require the use of formal rules of 2 evidence or procedure. Any information from the files, 3 reports, case summaries, mediator's notes, or other 4 communications or materials, oral or written, relating to a 5 mediation conference under this section obtained by any person 6 performing mediation duties is privileged and confidential and 7 may not be disclosed without the written consent of all 8 parties to the conference. Any research or evaluation effort 9 directed at assessing the mediation program activities or 10 performance must protect the confidentiality of such 11 information. Each party to a mediation conference has a 12 privilege during and after the conference to refuse to 13 disclose and to prevent another from disclosing communications 14 made during the conference whether or not the contested issues 15 are successfully resolved. This subsection and paragraphs 16 (4)(a) and (b) shall not be construed to prevent or inhibit 17 the discovery or admissibility of any information that is 18 otherwise subject to discovery or that is admissible under 19 applicable law or rule of procedure, except that any conduct 20 or statements made during a mediation conference or in 21 negotiations concerning the conference are inadmissible in any 22 proceeding under this chapter. The Deputy Chief Judge shall 23 select a mediator. The mediator shall be employed on a 24 full-time basis by the Office of the Judges of Compensation 25 Claims. A mediator must be a member of The Florida Bar for at 26 least 5 years and must complete a mediation training program 27 approved by the Deputy Chief Judge. Adjunct mediators may be 28 employed by the Office of the Judges of Compensation Claims on 29 an as-needed basis and shall be selected from a list prepared 30 by the Deputy Chief Judge. An adjunct mediator must be 31 independent of all parties participating in the mediation 7 File original & 9 copies 04/25/01 hin0002 10:57 pm 01803-0004-870473
HOUSE AMENDMENT Bill No. CS/HB 1803 Amendment No. 2 (for drafter's use only) 1 conference. An adjunct mediator must be a member of The 2 Florida Bar for at least 5 years and must complete a mediation 3 training program approved by the Deputy Chief Judge. An 4 adjunct 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 File original & 9 copies 04/25/01 hin0002 10:57 pm 01803-0004-870473