House Bill hb1927e1
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                                       CS/HB 1927, First Engrossed
  1                      A bill to be entitled
  2         An act relating to workers' compensation;
  3         amending s. 440.02, F.S.; revising definitions;
  4         amending s. 440.06, F.S.; requiring employers
  5         to secure compensation; amending s. 440.09,
  6         F.S.; limiting compensation for certain
  7         impairments; requiring certain entities
  8         actively engaged in the construction industry
  9         to secure payment of compensation under chapter
10         440, F.S., after a certain date; amending s.
11         440.10, F.S.; specifying liability for
12         compensation; creating s. 440.1025, F.S.;
13         providing for consideration of a public
14         employer workplace safety program in
15         rate-setting; amending s. 440.11, F.S;
16         providing for exclusiveness of liability;
17         amending s. 440.13, F.S.; providing an
18         additional criterion for determining certain
19         value of nonprofessional attendant care
20         provided by a family member; requiring carriers
21         to allow employees to change physicians under
22         certain circumstances; specifying payments for
23         independent medical examinations; deleting
24         selection of independent medical examiner
25         criteria; specifying the number of medical
26         opinions admissible into evidence; providing an
27         exception to certain recourse for payment for
28         services rendered; amending s. 440.134, F.S.;
29         revising a definition; revising certain
30         grievance procedures for workers' compensation
31         managed care arrangements; amending s. 440.14,
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                                       CS/HB 1927, First Engrossed
  1         F.S.; providing for determination of pay;
  2         amending s. 440.15, F.S.; revising criteria for
  3         payment of compensation for permanent total
  4         disability; revising criteria for payment of
  5         permanent impairment and wage-loss benefits;
  6         amending s. 440.151, F.S.; providing for
  7         compensation for occupational diseases;
  8         amending s. 440.185, F.S.; requiring additional
  9         information in a report of injury; amending s.
10         440.191, F.S.; including managed care
11         arrangements under provisions relating to the
12         Employee Assistance and Ombudsman Office;
13         revising procedures for petitions for benefits
14         under the office; amending s. 440.192, F.S.;
15         revising procedures for resolving benefit
16         disputes; transferring duties and
17         responsibilities of the Division of Workers'
18         Compensation to the Office of the Judges of
19         Compensation Claims; amending s. 440.20, F.S.;
20         specifying time for payment of compensation;
21         prohibiting approval of settlement proposals
22         providing for attorney's fees in excess of
23         certain amounts; amending s. 440.25, F.S.;
24         limiting continuances under procedures for
25         mediation and hearings; providing for
26         selections of mediators by the Chief Judge;
27         providing for holding mediation conferences
28         instead of mediation hearings under certain
29         circumstances; providing for completion of
30         pretrial stipulations; authorizing a judge of
31         compensation claims to sanction certain parties
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                                       CS/HB 1927, First Engrossed
  1         under certain circumstances; requiring a judge
  2         of compensation claims to order a pretrial
  3         hearing for certain purposes under certain
  4         circumstances; revising final hearing time
  5         limitations and procedures; deleting a
  6         requirement that judges of compensation claims
  7         adopt and enforce certain uniform local rules;
  8         specifying resolution of determination of pay
  9         claims; requiring resolution of certain claims
10         through an expedited dispute resolution
11         process; providing for dismissal of certain
12         petitions for lack of prosecution under certain
13         circumstances; amending s. 440.29, F.S.;
14         providing for receipt into evidence of medical
15         reports from independent medical examiners;
16         amending s. 440.34, F.S.; providing for limited
17         additional attorney's fees in medical-only
18         cases; prohibiting approval of attorney's fees
19         in excess of certain amounts; deleting criteria
20         for determining certain attorney's fees;
21         amending s. 440.345, F.S.; requiring a summary
22         report of attorney's fees to the Governor and
23         the Legislature; amending s. 440.39, F.S.;
24         specifying duties of carriers with respect to
25         certain evidence; amending s. 440.4416, F.S.;
26         revising membership, member criteria, terms,
27         and meetings requirements of the Workers'
28         Compensation Oversight Board; deleting an
29         obsolete provision; providing additional
30         reporting requirements for the board; amending
31         s. 627.0915, F.S.; deleting obsolete
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                                       CS/HB 1927, First Engrossed
  1         provisions; providing that determinations under
  2         ss. 112.18, 112.181, 112.19, F.S., are not
  3         affected; repealing s. 440.45(3), F.S.,
  4         relating to rotating docketing judges of
  5         compensation claims; providing severability;
  6         providing an effective date.
  7
  8  Be It Enacted by the Legislature of the State of Florida:
  9
10         Section 1.  Subsection (1), paragraph (b) of subsection
11  (14), and subsection (37) of section 440.02, Florida Statutes,
12  are amended to read:
13         440.02  Definitions.--When used in this chapter, unless
14  the context clearly requires otherwise, the following terms
15  shall have the following meanings:
16         (1)  "Accident" means only an unexpected or unusual
17  event or result that happens suddenly. A mental or nervous
18  injury due to stress, fright, or excitement only, or
19  disability or death due to the accidental acceleration or
20  aggravation of a venereal disease or of a disease due to the
21  habitual use of alcohol or controlled substances or narcotic
22  drugs, or a disease that manifests itself in the fear of or
23  dislike for an individual because of the individual's race,
24  color, religion, sex, national origin, age, or handicap is not
25  an injury by accident arising out of the employment. If a
26  preexisting disease or anomaly is accelerated or aggravated by
27  an accident arising out of and in the course of employment,
28  only acceleration of death or acceleration or aggravation of
29  the preexisting condition reasonably attributable to the
30  accident is compensable, with respect to death or permanent
31  impairment. An injury or exposure caused by exposure to a
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                                       CS/HB 1927, First Engrossed
  1  toxic substance is not an injury by accident arising out of
  2  the employment unless there is clear and convincing evidence
  3  establishing that exposure to the specific substance involved,
  4  at the levels to which the employee was exposed, can cause the
  5  injury or disease sustained by the employee.
  6         (14)
  7         (b)  "Employee" includes any person who is an officer
  8  of a corporation and who performs services for remuneration
  9  for such corporation within this state, whether or not such
10  services are continuous.
11         1.  Any officer of a corporation may elect to be exempt
12  from this chapter by filing written notice of the election
13  with the division as provided in s. 440.05.
14         2.  As to officers of a corporation who are actively
15  engaged in the construction industry, no more than three
16  officers may elect to be exempt from this chapter by filing
17  written notice of the election with the division as provided
18  in s. 440.05, however;
19         a.  Such election is valid only with respect to an
20  officer who is the president, vice president, secretary, or
21  treasurer of the corporation.
22         b.  Such election is valid only with respect to an
23  officer who owns not less than 10 percent of the stock of the
24  corporation.
25         3.  An officer of a corporation who elects to be exempt
26  from this chapter by filing a written notice of the election
27  with the division as provided in s. 440.05 is not an employee.
28
29  Services are presumed to have been rendered to the corporation
30  if the officer is compensated by other than dividends upon
31  shares of stock of the corporation which the officer owns.
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                                       CS/HB 1927, First Engrossed
  1         (37)  "Catastrophic injury" means a permanent
  2  impairment constituted by:
  3         (a)  Spinal cord injury involving severe paralysis of
  4  an arm, a leg, or the trunk;
  5         (b)  Amputation of an arm, a hand, a foot, or a leg
  6  involving the effective loss of use of that appendage;
  7         (c)  Severe brain or closed-head injury as evidenced
  8  by:
  9         1.  Severe sensory or motor disturbances;
10         2.  Severe communication disturbances;
11         3.  Severe complex integrated disturbances of cerebral
12  function;
13         4.  Severe episodic neurological disorders; or
14         5.  Other severe brain and closed-head injury
15  conditions at least as severe in nature as any condition
16  provided in subparagraphs 1.-4.;
17         (d)  Second-degree or third-degree burns of 25 percent
18  or more of the total body surface or third-degree burns of 5
19  percent or more to the face and hands; or
20         (e)  Total or industrial blindness; or
21         (f)  Any other injury that would otherwise qualify
22  under this chapter of a nature and severity that would qualify
23  an employee to receive disability income benefits under Title
24  II or supplemental security income benefits under Title XVI of
25  the federal Social Security Act as the Social Security Act
26  existed on July 1, 1992, without regard to any time
27  limitations provided under that act.
28         Section 2.  Section 440.06, Florida Statutes, is
29  amended to read:
30         440.06  Failure to secure compensation; effect.--Every
31  employer who fails to secure the payment of compensation, as
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                                       CS/HB 1927, First Engrossed
  1  provided in s. 440.10, by failing to meet the requirements of
  2  under this chapter as provided in s. 440.38 may not, in any
  3  suit brought against him or her by an employee subject to this
  4  chapter to recover damages for injury or death, defend such a
  5  suit on the grounds that the injury was caused by the
  6  negligence of a fellow servant, that the employee assumed the
  7  risk of his or her employment, or that the injury was due to
  8  the comparative negligence of the employee.
  9         Section 3.  Subsection (1) of section 440.09, Florida
10  Statutes, is amended, and subsection (9) is added to said
11  section, to read:
12         440.09  Coverage.--
13         (1)  The employer shall pay compensation or furnish
14  benefits required by this chapter if the employee suffers an
15  accidental compensable injury or death arising out of work
16  performed in the course and the scope of employment. The
17  injury, its occupational cause, and any resulting
18  manifestations or disability shall be established to a
19  reasonable degree of medical certainty and by objective
20  medical findings. Mental or nervous injuries occurring as a
21  manifestation of an injury compensable under this section
22  shall be demonstrated by clear and convincing evidence. In
23  cases involving occupational disease or repetitive exposure,
24  both causation and sufficient exposure to support causation
25  shall be proven by clear and convincing evidence.
26         (a)  This chapter does not require any compensation or
27  benefits for any subsequent injury the employee suffers as a
28  result of an original injury arising out of and in the course
29  of employment unless the original injury is the major
30  contributing cause of the subsequent injury.
31
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                                       CS/HB 1927, First Engrossed
  1         (b)  If an injury arising out of and in the course of
  2  employment combines with a preexisting disease or condition to
  3  cause or prolong disability or need for treatment, the
  4  employer must pay compensation or benefits required by this
  5  chapter only to the extent that the injury arising out of and
  6  in the course of employment is and remains the major
  7  contributing cause of the disability or need for treatment.
  8         (c)  Death resulting from an operation by a surgeon
  9  furnished by the employer for the cure of hernia as required
10  in s. 440.15(6) shall for the purpose of this chapter be
11  considered to be a death resulting from the accident causing
12  the hernia.
13         (d)  If an accident happens while the employee is
14  employed elsewhere than in this state, which would entitle the
15  employee or his or her dependents to compensation if it had
16  happened in this state, the employee or his or her dependents
17  are entitled to compensation if the contract of employment was
18  made in this state, or the employment was principally
19  localized in this state. However, if an employee receives
20  compensation or damages under the laws of any other state, the
21  total compensation for the injury may not be greater than is
22  provided in this chapter.
23         (9)  Notwithstanding any other provision of this
24  chapter, effective January 1, 2004, all partners or sole
25  proprietors actively engaged in the construction industry
26  shall secure the payment of compensation under this chapter.
27         Section 4.  Paragraph (a) of subsection (1) of section
28  440.10, Florida Statutes, is amended to read:
29         440.10  Liability for compensation.--
30         (1)(a)  Every employer coming within the provisions of
31  this chapter, including any brought within the chapter by
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                                       CS/HB 1927, First Engrossed
  1  waiver of exclusion or of exemption, shall be liable for, and
  2  shall secure, in accordance with s. 440.38, the payment to his
  3  or her employees, or any physician, surgeon, or pharmacist
  4  providing services under the provisions of s. 440.13, of the
  5  compensation payable under ss. 440.13, 440.15, and 440.16. Any
  6  contractor or subcontractor who engages in any public or
  7  private construction in the state shall secure and maintain
  8  compensation for his or her employees under this chapter as
  9  provided in s. 440.38.
10         Section 5.  Section 440.1025, Florida Statutes, is
11  created to read:
12         440.1025  Consideration of public employer workplace
13  safety program in rate-setting; program requirements;
14  rulemaking.--For a public employer to be eligible for receipt
15  of specific identifiable consideration under s. 627.0915 for a
16  workplace safety program in the setting of rates, the public
17  employer must have a workplace safety program.  At a minimum,
18  the program must include a written safety policy and safety
19  rules, and make provision for safety inspections, preventative
20  maintenance, safety training, first-aid, accident
21  investigation, and necessary record keeping.  For purposes of
22  this section, "public employer" means "any agency within
23  state, county, or municipal government employing individuals
24  for salary, wages, or other remuneration."  The Division may
25  promulgate rules for insurers to utilize in determining public
26  employer compliance with the requirements of this section.
27         Section 6.  Subsection (1) of section 440.11, Florida
28  Statutes, is amended to read:
29         440.11  Exclusiveness of liability.--
30         (1)  Except if an employer acts with the intent to
31  cause injury or death, the liability of an employer prescribed
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                                       CS/HB 1927, First Engrossed
  1  in s. 440.10 shall be exclusive and in place of all other
  2  liability, including any vicarious liability, of such employer
  3  to any third-party tortfeasor and to the employee, the legal
  4  representative thereof, husband or wife, parents, dependents,
  5  next of kin, and anyone otherwise entitled to recover damages
  6  from such employer at law or in admiralty on account of such
  7  injury or death, except that if an employer fails to secure
  8  payment of compensation in accordance with s. 440.38 as
  9  required by this chapter, an injured employee, or the legal
10  representative thereof in case death results from the injury,
11  may elect to claim compensation under this chapter or to
12  maintain an action at law or in admiralty for damages on
13  account of such injury or death. In such action the defendant
14  may not plead as a defense that the injury was caused by
15  negligence of a fellow employee, that the employee assumed the
16  risk of the employment, or that the injury was due to the
17  comparative negligence of the employee. The same immunities
18  from liability enjoyed by an employer shall extend as well to
19  each employee of the employer when such employee is acting in
20  furtherance of the employer's business and the injured
21  employee is entitled to receive benefits under this chapter.
22  Such fellow-employee immunities shall not be applicable to an
23  employee who acts, with respect to a fellow employee, with
24  willful and wanton disregard or unprovoked physical aggression
25  or with gross negligence when such acts result in injury or
26  death or such acts proximately cause such injury or death, nor
27  shall such immunities be applicable to employees of the same
28  employer when each is operating in the furtherance of the
29  employer's business but they are assigned primarily to
30  unrelated works within private or public employment. The same
31  immunity provisions enjoyed by an employer shall also apply to
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                                       CS/HB 1927, First Engrossed
  1  any sole proprietor, partner, corporate officer or director,
  2  supervisor, or other person who in the course and scope of his
  3  or her duties acts in a managerial or policymaking capacity
  4  and the conduct which caused the alleged injury arose within
  5  the course and scope of said managerial or policymaking duties
  6  and was not a violation of a law, whether or not a violation
  7  was charged, for which the maximum penalty which may be
  8  imposed does not exceed 60 days' imprisonment as set forth in
  9  s. 775.082. The immunity from liability provided in this
10  subsection extends to county governments with respect to
11  employees of county constitutional officers whose offices are
12  funded by the board of county commissioners. Intent, as used
13  in this subsection, does not include actions of an employer
14  that are substantially certain to result in injury or death.
15  If an employee recovers damages from an employer either by
16  judgment or settlement under this subsection, the workers'
17  compensation carrier for the employer or the employer, if
18  self-insured, shall have an offset against any workers'
19  compensation benefits to which the employee would be entitled
20  under this chapter.  Nothing in this subsection shall create
21  or result in vicarious liability on the part of the employer.
22         Section 7.  Paragraph (b) of subsection (2), paragraphs
23  (a), (b), (e), and (f) of subsection (5), paragraph (c) of
24  subsection (9), and paragraph (b) of subsection (14) of
25  section 440.13, Florida Statutes, are amended, and paragraph
26  (f) is added to subsection (2) of said section, to read:
27         440.13  Medical services and supplies; penalty for
28  violations; limitations.--
29         (2)  MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.--
30         (b)  The employer shall provide appropriate
31  professional or nonprofessional attendant care performed only
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                                       CS/HB 1927, First Engrossed
  1  at the direction and control of a physician when such care is
  2  medically necessary. The value of nonprofessional attendant
  3  care provided by a family member must be determined as
  4  follows:
  5         1.  If the family member is not employed, the per-hour
  6  value equals the federal minimum hourly wage.
  7         2.  If the family member is employed and elects to
  8  leave that employment to provide attendant or custodial care,
  9  the per-hour value of that care equals the per-hour value of
10  the family member's former employment, not to exceed the
11  per-hour value of such care available in the community at
12  large.
13         3.  If the family member remains employed while
14  providing attendant or custodial care, the per-hour value of
15  that care equals the per-hour value of the family member's
16  employment, not to exceed the per-hour value of such care
17  available in the community at large.
18         4.  A family member or a combination of family members
19  providing nonprofessional attendant care under this paragraph
20  may not be compensated for more than a total of 12 hours per
21  day.
22         (f)  Upon the written request of the employee, the
23  carrier shall give the employee the opportunity for one change
24  of physician during the course of treatment for any one
25  accident.  The employee shall be entitled to select another
26  physician from among not fewer than three carrier-authorized
27  physicians who are not professionally affiliated.
28         (5)  INDEPENDENT MEDICAL EXAMINATIONS.--
29         (a)  In any dispute concerning overutilization, medical
30  benefits, compensability, or disability under this chapter,
31  the carrier or the employee may select an independent medical
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                                       CS/HB 1927, First Engrossed
  1  examiner. The examiner may be a health care provider treating
  2  or providing other care to the employee. An independent
  3  medical examiner may not render an opinion outside his or her
  4  area of expertise, as demonstrated by licensure and applicable
  5  practice parameters. Upon the written request of the employee,
  6  the carrier shall pay the cost of one independent medical
  7  examination per accident. The cost of any additional
  8  independent medical examination shall be borne by the party
  9  requesting the additional independent medical examination.
10  Only the costs of independent medical examinations expressly
11  relied upon by the judge of compensation claims to award
12  benefits in the final compensation order shall be taxable
13  costs under s. 440.34(3).
14         (b)  Each party is bound by his or her selection of an
15  independent medical examiner and is entitled to an alternate
16  examiner only if:
17         1.  The examiner is not qualified to render an opinion
18  upon an aspect of the employee's illness or injury which is
19  material to the claim or petition for benefits;
20         2.  The examiner ceases to practice in the specialty
21  relevant to the employee's condition;
22         3.  The examiner is unavailable due to injury, death,
23  or relocation outside a reasonably accessible geographic area;
24  or
25         4.  The parties agree to an alternate examiner.
26
27  Any party may request, or a judge of compensation claims may
28  require, designation of a division medical advisor as an
29  independent medical examiner. The opinion of the advisors
30  acting as examiners shall not be afforded the presumption set
31  forth in paragraph (9)(c).
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                                       CS/HB 1927, First Engrossed
  1         (e)  No medical opinion other than the opinion of a
  2  medical advisor appointed by the judge of compensation claims
  3  or division, an independent medical examiner, or an authorized
  4  treating provider is admissible in proceedings before the
  5  judges of compensation claims. The employee and the carrier
  6  may each submit into evidence, and the judge of compensation
  7  claims shall admit, the medical opinion of no more than one
  8  independent medical examiner per specialty. In cases involving
  9  occupational disease or repetitive trauma, no medical opinions
10  are admissible unless based on reliable scientific principles
11  sufficiently established to have gained general acceptance in
12  the pertinent area of specialty.
13         (f)  Attorney's fees incurred by an injured employee in
14  connection with delay of or opposition to an independent
15  medical examination, including, but not limited to, motions
16  for protective orders, are not recoverable under this chapter.
17         (9)  EXPERT MEDICAL ADVISORS.--
18         (c)  If there is disagreement in the opinions of the
19  health care providers, if two health care providers disagree
20  on medical evidence supporting the employee's complaints or
21  the need for additional medical treatment, or if two health
22  care providers disagree that the employee is able to return to
23  work, the division may, and the judge of compensation claims
24  may shall, upon his or her own motion or within 15 days after
25  receipt of a written request by either the injured employee,
26  the employer, or the carrier, order the injured employee to be
27  evaluated by an expert medical advisor. The opinion of the
28  expert medical advisor is presumed to be correct unless there
29  is clear and convincing evidence to the contrary as determined
30  by the judge of compensation claims. The expert medical
31  advisor appointed to conduct the evaluation shall have free
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                                       CS/HB 1927, First Engrossed
  1  and complete access to the medical records of the employee. An
  2  employee who fails to report to and cooperate with such
  3  evaluation forfeits entitlement to compensation during the
  4  period of failure to report or cooperate.
  5         (14)  PAYMENT OF MEDICAL FEES.--
  6         (b)  Fees charged for remedial treatment, care, and
  7  attendance may not exceed the applicable fee schedules adopted
  8  under this chapter, except as provided pursuant to a contract
  9  entered into between an employer or carrier and a certified
10  health care provider or health care facility for the payment
11  of medical services for covered expenses.
12         Section 8.  Paragraph (d) of subsection (1), subsection
13  (2), and paragraphs (c) and (d) of subsection (15) of section
14  440.134, Florida Statutes, are amended to read:
15         440.134  Workers' compensation managed care
16  arrangement.--
17         (1)  As used in this section, the term:
18         (d)  "Grievance" means a written complaint filed by an
19  injured worker expressing dissatisfaction with the insurer's
20  workers' compensation managed care arrangement's refusal to
21  provide medical care provided by an insurer's workers'
22  compensation managed care arrangement health care providers,
23  expressed in writing by an injured worker.
24         (2)(a)(b)  Effective January 1, 1997, The employer may
25  shall, subject to the terms and limitations specified
26  elsewhere in this section and chapter, furnish to the employee
27  solely through managed care arrangements such medically
28  necessary remedial treatment, care, and attendance for such
29  period as the nature of the injury or the process of recovery
30  requires.
31
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                                       CS/HB 1927, First Engrossed
  1         (b)(a)  The agency shall authorize an insurer to offer
  2  or utilize a workers' compensation managed care arrangement
  3  after the insurer files a completed application along with the
  4  payment of a $1,000 application fee, and upon the agency's
  5  being satisfied that the applicant has the ability to provide
  6  quality of care consistent with the prevailing professional
  7  standards of care and the insurer and its workers'
  8  compensation managed care arrangement otherwise meets the
  9  requirements of this section. No insurer may offer or utilize
10  a managed care arrangement without such authorization. The
11  authorization, unless sooner suspended or revoked, shall
12  automatically expire 2 years after the date of issuance unless
13  renewed by the insurer. The authorization shall be renewed
14  upon application for renewal and payment of a renewal fee of
15  $1,000, provided that the insurer is in compliance with the
16  requirements of this section and any rules adopted hereunder.
17  An application for renewal of the authorization shall be made
18  90 days prior to expiration of the authorization, on forms
19  provided by the agency. The renewal application shall not
20  require the resubmission of any documents previously filed
21  with the agency if such documents have remained valid and
22  unchanged since their original filing.
23         (15)(c)  At the time the workers' compensation managed
24  care arrangement is implemented, the insurer must provide
25  detailed information to workers and health care providers
26  describing how a grievance may be registered with the insurer.
27  Within 15 days after the date the request for medical care is
28  received by the insurer or by the insurer's workers'
29  compensation managed care arrangement, whichever date is
30  earlier, the insurer shall grant or deny the request. If the
31  insurer denies the request, the insurer shall notify the
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                                       CS/HB 1927, First Engrossed
  1  injured worker in writing of his or her right to file a
  2  grievance.
  3         (d)  Grievances must be considered in a timely manner
  4  and must be transmitted to appropriate decisionmakers who have
  5  the authority to fully investigate the issue and take
  6  corrective action. If the insurer or the insurer's workers'
  7  compensation managed care arrangement fails to notify the
  8  injured worker of the outcome of the grievance in writing
  9  within 15 days after the date of receiving the grievance, the
10  grievance shall be presumed to be resolved against the injured
11  worker and the grievance procedures shall be presumed to be
12  exhausted for purposes of s. 440.192(3).
13         Section 9.  Paragraph (a) of subsection (1) of section
14  440.14, Florida Statutes, is amended to read:
15         440.14  Determination of pay.--
16         (1)  Except as otherwise provided in this chapter, the
17  average weekly wages of the injured employee at the time of
18  the injury shall be taken as the basis upon which to compute
19  compensation and shall be determined, subject to the
20  limitations of s. 440.12(2), as follows:
21         (a)  If the injured employee has worked in the
22  employment in which she or he was working at the time of the
23  injury, whether for the same or another employer, during
24  substantially the whole of 13 weeks immediately preceding the
25  injury, her or his average weekly wage shall be one-thirteenth
26  of the total amount of wages earned in such employment during
27  the 13 weeks.  As used in this paragraph, the term
28  "substantially the whole of 13 weeks" means an actual shall be
29  deemed to mean and refer to a constructive period of 13 weeks
30  as a whole, which shall be defined as the 13 complete weeks
31  before the date of the accident, excluding the week the injury
                                  17
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                                       CS/HB 1927, First Engrossed
  1  occurs. a consecutive period of 91 days, and The term "during
  2  substantially the whole of 13 weeks" shall be deemed to mean
  3  during not less than 90 percent of the total customary
  4  full-time hours of employment within such period considered as
  5  a whole.
  6         Section 10.  Paragraphs (b) and (f) of subsection (1)
  7  and paragraph (a) of subsection (3) of section 440.15, Florida
  8  Statutes, are amended to read:
  9         440.15  Compensation for disability.--Compensation for
10  disability shall be paid to the employee, subject to the
11  limits provided in s. 440.12(2), as follows:
12         (1)  PERMANENT TOTAL DISABILITY.--
13         (b)  Any compensable injury eligible for permanent
14  total benefits must be of a nature and severity that prevents
15  the employee from being able to perform his or her previous
16  work or any work available in substantial numbers within the
17  national economy. If the employee is engaged in or is capable
18  of being engaged in any gainful employment, he or she is not
19  entitled to permanent total disability. The burden is on the
20  employee to establish that he or she is unable to perform even
21  part-time sedentary work if such work is available within a
22  50-mile radius of the employee's residence or such greater
23  distance as the judge determines to be reasonable under the
24  circumstances. In addition, Only a catastrophic injury as
25  defined in s. 440.02 shall, in the absence of conclusive proof
26  of a substantial earning capacity, constitute permanent total
27  disability. Only claimants with catastrophic injuries are
28  eligible for permanent total benefits.  In no other case may
29  permanent total disability benefits be awarded.
30         (f)1.  If permanent total disability results from
31  injuries that occurred subsequent to June 30, 1955, and for
                                  18
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                                       CS/HB 1927, First Engrossed
  1  which the liability of the employer for compensation has not
  2  been discharged under s. 440.20(11), the injured employee
  3  shall receive additional weekly compensation benefits equal to
  4  5 percent of her or his weekly compensation rate, as
  5  established pursuant to the law in effect on the date of her
  6  or his injury, multiplied by the number of calendar years
  7  since the date of injury. The weekly compensation payable and
  8  the additional benefits payable under this paragraph, when
  9  combined, may not exceed the maximum weekly compensation rate
10  in effect at the time of payment as determined pursuant to s.
11  440.12(2). Entitlement to these supplemental payments shall
12  cease at age 62 if the employee is eligible for social
13  security benefits under 42 U.S.C. s. ss. 402 or s. and 423,
14  whether or not the employee has applied for such benefits.
15  These supplemental benefits shall be paid by the division out
16  of the Workers' Compensation Administration Trust Fund when
17  the injury occurred subsequent to June 30, 1955, and before
18  July 1, 1984. These supplemental benefits shall be paid by the
19  employer when the injury occurred on or after July 1, 1984.
20  Supplemental benefits are not payable for any period prior to
21  October 1, 1974.
22         2.a.  The division shall provide by rule for the
23  periodic reporting to the division of all earnings of any
24  nature and social security income by the injured employee
25  entitled to or claiming additional compensation under
26  subparagraph 1. Neither the division nor the employer or
27  carrier shall make any payment of those additional benefits
28  provided by subparagraph 1. for any period during which the
29  employee willfully fails or refuses to report upon request by
30  the division in the manner prescribed by such rules.
31
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                                       CS/HB 1927, First Engrossed
  1         b.  The division shall provide by rule for the periodic
  2  reporting to the employer or carrier of all earnings of any
  3  nature and social security income by the injured employee
  4  entitled to or claiming benefits for permanent total
  5  disability. The employer or carrier is not required to make
  6  any payment of benefits for permanent total disability for any
  7  period during which the employee willfully fails or refuses to
  8  report upon request by the employer or carrier in the manner
  9  prescribed by such rules or if any employee who is receiving
10  permanent total disability benefits refuses to apply for or
11  cooperate with the employer or carrier in applying for social
12  security benefits.
13         3.  When an injured employee receives a full or partial
14  lump-sum advance of the employee's permanent total disability
15  compensation benefits, the employee's benefits under this
16  paragraph shall be computed on the employee's weekly
17  compensation rate as reduced by the lump-sum advance.
18         (3)  PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--
19         (a)  Impairment benefits.--
20         1.  Once the employee has reached the date of maximum
21  medical improvement, impairment benefits are due and payable
22  within 20 days after the carrier has knowledge of the
23  impairment.
24         2.  The three-member panel, in cooperation with the
25  division, shall establish and use a uniform permanent
26  impairment rating schedule. This schedule must be based on
27  medically or scientifically demonstrable findings as well as
28  the systems and criteria set forth in the American Medical
29  Association's Guides to the Evaluation of Permanent
30  Impairment; the Snellen Charts, published by American Medical
31  Association Committee for Eye Injuries; and the Minnesota
                                  20
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                                       CS/HB 1927, First Engrossed
  1  Department of Labor and Industry Disability Schedules. The
  2  schedule should be based upon objective findings. The schedule
  3  shall be more comprehensive than the AMA Guides to the
  4  Evaluation of Permanent Impairment and shall expand the areas
  5  already addressed and address additional areas not currently
  6  contained in the guides. On August 1, 1979, and pending the
  7  adoption, by rule, of a permanent schedule, Guides to the
  8  Evaluation of Permanent Impairment, copyright 1977, 1971,
  9  1988, by the American Medical Association, shall be the
10  temporary schedule and shall be used for the purposes hereof.
11  For injuries after July 1, 1990, pending the adoption by
12  division rule of a uniform disability rating schedule, the
13  Minnesota Department of Labor and Industry Disability Schedule
14  shall be used unless that schedule does not address an injury.
15  In such case, the Guides to the Evaluation of Permanent
16  Impairment by the American Medical Association shall be used.
17  Determination of permanent impairment under this schedule must
18  be made by a physician licensed under chapter 458, a doctor of
19  osteopathic medicine licensed under chapters 458 and 459, a
20  chiropractic physician licensed under chapter 460, a podiatric
21  physician licensed under chapter 461, an optometrist licensed
22  under chapter 463, or a dentist licensed under chapter 466, as
23  appropriate considering the nature of the injury. No other
24  persons are authorized to render opinions regarding the
25  existence of or the extent of permanent impairment.
26         3.  All impairment income benefits shall be based on an
27  impairment rating using the impairment schedule referred to in
28  subparagraph 2. Impairment income benefits are paid biweekly
29  weekly at a the rate equal to of 50 percent of the employee's
30  compensation rate average weekly temporary total disability
31  benefit not to exceed the maximum weekly benefit under s.
                                  21
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                                       CS/HB 1927, First Engrossed
  1  440.12. An employee's entitlement to impairment income
  2  benefits begins the day after the employee reaches maximum
  3  medical improvement or the expiration of temporary benefits,
  4  whichever occurs earlier, and continues until the earlier of:
  5         a.  The expiration of a period computed at the rate of
  6  3 weeks for each percentage point of impairment; or
  7         b.  The death of the employee.
  8         4.  After the employee has been certified by a doctor
  9  as having reached maximum medical improvement or 6 weeks
10  before the expiration of temporary benefits, whichever occurs
11  earlier, the certifying doctor shall evaluate the condition of
12  the employee and assign an impairment rating, using the
13  impairment schedule referred to in subparagraph 2.
14  Compensation is not payable for the mental, psychological, or
15  emotional injury arising out of depression from being out of
16  work or from preexisting mental, psychological, or emotional
17  conditions. If the certification and evaluation are performed
18  by a doctor other than the employee's treating doctor, the
19  certification and evaluation must be submitted to the treating
20  doctor, and the treating doctor must indicate agreement or
21  disagreement with the certification and evaluation. The
22  certifying doctor shall issue a written report to the
23  division, the employee, and the carrier certifying that
24  maximum medical improvement has been reached, stating the
25  impairment rating, and providing any other information
26  required by the division. If the employee has not been
27  certified as having reached maximum medical improvement before
28  the expiration of 102 weeks after the date temporary total
29  disability benefits begin to accrue, the carrier shall notify
30  the treating doctor of the requirements of this section.
31
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                                       CS/HB 1927, First Engrossed
  1         5.  The carrier shall pay the employee impairment
  2  income benefits for a period based on the impairment rating.
  3         6.  The division may by rule specify forms and
  4  procedures governing the method of payment of wage loss and
  5  impairment benefits for dates of accidents before January 1,
  6  1994, and for dates of accidents on or after January 1, 1994.
  7         Section 11.  Paragraph (e) of subsection (1) and
  8  subsection (2) of section 440.151, Florida Statutes, are
  9  amended to read:
10         440.151  Occupational diseases.--
11         (1)
12         (e)  No compensation shall be payable for disability or
13  death resulting from tuberculosis arising out of and in the
14  course of employment by the Department of Health at a state
15  tuberculosis hospital, or aggravated by such employment, when
16  the employee had suffered from said disease at any time prior
17  to the commencement of such employment. Both causation and
18  sufficient exposure to support causation shall be proven by
19  clear and convincing evidence.
20         (2)  Whenever used in this section the term
21  "occupational disease" shall be construed to mean only a
22  disease which is due to causes and conditions which are
23  characteristic of and peculiar to a particular trade,
24  occupation, process, or employment, and to exclude all
25  ordinary diseases of life to which the general public is
26  exposed, unless the incidence of the disease is substantially
27  higher in the particular trade, occupation, process, or
28  employment than for the general public.  "Occupational
29  disease" does not mean a disease for which there are no
30  epidemiological studies showing that exposure to the specific
31  substance involved, at the levels to which the employee was
                                  23
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                                       CS/HB 1927, First Engrossed
  1  exposed, can cause the precise disease sustained by the
  2  employee.
  3         Section 12.  Subsection (2) of section 440.185, Florida
  4  Statutes, is amended to read:
  5         440.185  Notice of injury or death; reports; penalties
  6  for violations.--
  7         (2)  Within 7 days after actual knowledge of injury or
  8  death, the employer shall report such injury or death to its
  9  carrier, in a format prescribed by the division, and shall
10  provide a copy of such report to the employee or the
11  employee's estate. The report of injury shall contain the
12  following information:
13         (a)  The name, address, and business of the employer;
14         (b)  The name, social security number, street, mailing
15  address, telephone number, and occupation of the employee;
16         (c)  The cause and nature of the injury or death;
17         (d)  The year, month, day, and hour when, and the
18  particular locality where, the injury or death occurred; and
19         (e)  A record of the employee's earnings for the 13
20  weeks prior to the date of injury; and
21         (f)(e)  Such other information as the division may
22  require.
23
24  The carrier shall, within 14 days after the employer's receipt
25  of the form reporting the injury, file the information
26  required by this subsection with the division in Tallahassee.
27  However, the division may by rule provide for a different
28  reporting system for those types of injuries which it
29  determines should be reported in a different manner and for
30  those cases which involve minor injuries requiring
31  professional medical attention in which the employee does not
                                  24
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                                       CS/HB 1927, First Engrossed
  1  lose more than 7 days of work as a result of the injury and is
  2  able to return to the job immediately after treatment and
  3  resume regular work.
  4         Section 13.  Section 440.191, Florida Statutes, is
  5  amended to read:
  6         440.191  Employee Assistance and Ombudsman Office.--
  7         (1)(a)  In order to effect the self-executing features
  8  of the Workers' Compensation Law, this chapter shall be
  9  construed to permit injured employees and employers or the
10  employer's carrier to resolve disagreements without undue
11  expense, costly litigation, or delay in the provisions of
12  benefits. It is the duty of all who participate in the
13  workers' compensation system, including, but not limited to,
14  carriers, service providers, health care providers, managed
15  care arrangements, attorneys, employers, and employees, to
16  attempt to resolve disagreements in good faith and to
17  cooperate with the division's efforts to resolve disagreements
18  between the parties. The division may by rule prescribe
19  definitions that are necessary for the effective
20  administration of this section.
21         (b)  An Employee Assistance and Ombudsman Office is
22  created within the Division of Workers' Compensation to inform
23  and assist injured workers, employers, carriers, and health
24  care providers, and managed care arrangements in fulfilling
25  their responsibilities under this chapter. The division may by
26  rule specify forms and procedures for administering requests
27  for assistance provided by this section.
28         (c)  The Employee Assistance and Ombudsman Office,
29  Division of Workers' Compensation, shall be a resource
30  available to all employees who participate in the workers'
31  compensation system and shall take all steps necessary to
                                  25
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                                       CS/HB 1927, First Engrossed
  1  educate and disseminate information to employees and
  2  employers. Upon receiving a notice of injury or death, the
  3  Employee Assistance and Ombudsman Office is authorized to
  4  initiate contact with the injured employee or employee's
  5  representative to discuss rights and responsibilities of the
  6  employee under this chapter and the services available through
  7  the Employee Assistance and Ombudsman Office.
  8         (2)(a)  An employee may not file a petition requesting
  9  any benefit under this chapter unless the employee has
10  exhausted the procedures for informal dispute resolution under
11  this section.
12         (a)(b)  If at any time the employer or its carrier
13  fails to provide benefits to which the employee believes she
14  or he is entitled, the employee shall contact the office to
15  request assistance in resolving the dispute. The office may
16  review petitions for benefits filed under s. 440.192 shall
17  investigate the dispute and may shall attempt to facilitate an
18  agreement between the employee and the employer or carrier.
19  The employee, the employer, and the carrier shall cooperate
20  with the office and shall timely provide the office with any
21  documents or other information that it may require in
22  connection with its efforts under this section.
23         (b)(c)  The office may compel parties to attend
24  conferences in person or by telephone in an attempt to resolve
25  disputes quickly and in the most efficient manner possible.
26  Settlement agreements resulting from such conferences must be
27  submitted to the Office of the Judges of Compensation Claims
28  for approval.
29         (c)(d)  The Employee Assistance and Ombudsman Office
30  may assign an ombudsman to assist the employee in resolving
31  the dispute. If the dispute is not resolved within 30 days
                                  26
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                                       CS/HB 1927, First Engrossed
  1  after the employee contacts the office, The ombudsman may
  2  shall, at the employee's request, assist the employee in
  3  drafting a petition for benefits and explain the procedures
  4  for filing petitions. The division may by rule determine the
  5  method used to calculate the 30-day period. The Employee
  6  Assistance and Ombudsman Office may not represent employees
  7  before the judges of compensation claims. An employer or
  8  carrier may not pay any attorneys' fees on behalf of the
  9  employee for services rendered or costs incurred in connection
10  with this section, unless expressly authorized elsewhere in
11  this chapter.
12         Section 14.  Subsections (1), (2), (5), (7), and (8) of
13  section 440.192, Florida Statutes, are amended to read:
14         440.192  Procedure for resolving benefit disputes.--
15         (1)  Subject to s. 440.191, any employee who has not
16  received a benefit to which the employee believes she or he is
17  entitled under this chapter shall serve by certified mail upon
18  the employer, the employer's carrier, and the Office of the
19  Judges of Compensation Claims division in Tallahassee a
20  petition for benefits meeting that meets the requirements of
21  this section. The Chief Judge division shall refer the
22  petition to the Office of the judges of compensation claims.
23         (2)  Upon receipt of a petition, the Office of the
24  Judges of Compensation Claims shall review each petition and
25  shall dismiss each petition or any portion of the petition,
26  upon its own motion or upon the motion of any party, that does
27  not on its face specifically identify or itemize the
28  following:
29         (a)  Name, address, telephone number, and social
30  security number of the employee.
31
                                  27
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                                       CS/HB 1927, First Engrossed
  1         (b)  Name, address, and telephone number of the
  2  employer.
  3         (c)  A detailed description of the injury and cause of
  4  the injury, including the location of the occurrence and the
  5  date or dates of accident.
  6         (d)  A detailed description of the employee's job, work
  7  responsibilities, and work the employee was performing when
  8  the injury occurred.
  9         (e)  The time period for which compensation was not
10  timely provided and the specific classification of the
11  compensation.
12         (f)  Date of maximum medical improvement, character of
13  disability, and specific statement of all benefits or
14  compensation that the employee is seeking.
15         (g)  The specific All travel costs to which the
16  employee believes she or he is entitled, including dates of
17  travel and purpose of travel, means of transportation, and
18  mileage, including the date the request for mileage was filed
19  with the carrier and a copy of the request for mileage filed
20  with the carrier.
21         (h)  Specific listing of all medical charges alleged
22  unpaid, including the name and address of the medical
23  provider, the amounts due, and the specific dates of
24  treatment.
25         (i)  The type or nature of treatment care or attendance
26  sought and the justification for such treatment. If the
27  employee is under the care of a physician for the injury
28  identified under paragraph (c), a copy of the physician's
29  request, authorization, or recommendation for treatment, care,
30  or attendance must accompany the petition.
31
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                                       CS/HB 1927, First Engrossed
  1         (j)  Specific explanation of any other disputed issue
  2  that a judge of compensation claims will be called to rule
  3  upon.
  4         (k)  Any other information and documentation the Chief
  5  Judge may require by rule.
  6
  7  The dismissal of any petition or portion of the petition under
  8  this section is without prejudice and does not require a
  9  hearing.
10         (5)  All motions to dismiss must state with
11  particularity the basis for the motion. The judge of
12  compensation claims shall enter an order upon such motions
13  without hearing, unless good cause for hearing is shown. When
14  any petition or portion of a petition is dismissed for lack of
15  specificity under this subsection, the claimant must be
16  allowed 20 days after the date of the order of dismissal in
17  which to file an amended petition. Any grounds for dismissal
18  for lack of specificity under this section not asserted within
19  45 30 days after receipt of the petition for benefits are
20  thereby waived.
21         (7)  Notwithstanding the provisions of s. 440.34, a
22  judge of compensation claims may not award attorney's fees
23  payable by the carrier for services expended or costs incurred
24  prior to the filing of a petition that does not meeting meet
25  the requirements of this section.
26         (8)  Within 30 14 days after receipt of a petition for
27  benefits by certified mail, the carrier must either pay the
28  requested benefits without prejudice to its right to deny
29  within 120 days from receipt of the petition or file a
30  response to petition notice of denial with the Office of the
31  Judges of Compensation Claims division. The carrier must list
                                  29
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                                       CS/HB 1927, First Engrossed
  1  all benefits requested but not paid and explain its
  2  justification for nonpayment in the response to petition
  3  notice of denial. A carrier that does not deny compensability
  4  in accordance with s. 440.20(4) is deemed to have accepted the
  5  employee's injuries as compensable, unless it can establish
  6  material facts relevant to the issue of compensability that
  7  could not have been discovered through reasonable
  8  investigation within the 120-day period. The carrier shall
  9  provide copies of the response notice to the filing party,
10  employer, and claimant by certified mail.
11         Section 15.  Subsections (4) and (11) of section
12  440.20, Florida Statutes, are amended to read:
13         440.20  Time for payment of compensation; penalties for
14  late payment.--
15         (4)  If the carrier is uncertain of its obligation to
16  provide benefits or compensation, it may initiate payment
17  without prejudice and without admitting liability. The carrier
18  shall immediately and in good faith commence investigation of
19  the employee's entitlement to benefits under this chapter and
20  shall admit or deny compensability within 120 days after the
21  initial provision of compensation or benefits as required by
22  subsection (2) or s. 440.192(8). Upon commencement of payment
23  as required by subsection (2) or s. 440.192(8), the carrier
24  shall provide written notice to the employee that it has
25  elected to pay all or part of the claim pending further
26  investigation, and that it will advise the employee of claim
27  acceptance or denial within 120 days. A carrier that fails to
28  deny compensability within 120 days after the initial
29  provision of benefits or payment of compensation, as required
30  by subsection (2) or s. 440.192(8), waives the right to deny
31  compensability, unless the carrier can establish material
                                  30
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                                       CS/HB 1927, First Engrossed
  1  facts relevant to the issue of compensability that it could
  2  not have discovered through reasonable investigation within
  3  the 120-day period. The initial provision of compensation or
  4  benefits, for purposes of this subsection, shall mean the
  5  first installment of compensation or benefits to be paid by
  6  the carrier under subsection (2) or pursuant to a petition of
  7  benefits under s. 440.192(8).
  8         (11)(a)  When a claimant is not represented by counsel,
  9  upon joint petition of all interested parties, a lump-sum
10  payment in exchange for the employer's or carrier's release
11  from liability for future medical expenses, as well as future
12  payments of compensation expenses and any other benefits
13  provided under this chapter, shall be allowed at any time in
14  any case in which the employer or carrier has filed a written
15  notice of denial within 120 days after the employer receives
16  notice date of the injury, and the judge of compensation
17  claims at a hearing to consider the settlement proposal finds
18  a justiciable controversy as to legal or medical
19  compensability of the claimed injury or the alleged accident.
20  The employer or carrier may not pay any attorney's fees on
21  behalf of the claimant for any settlement under this section
22  unless expressly authorized elsewhere in this chapter. Upon
23  the joint petition of all interested parties and after giving
24  due consideration to the interests of all interested parties,
25  the judge of compensation claims may enter a compensation
26  order approving and authorizing the discharge of the liability
27  of the employer for compensation and remedial treatment, care,
28  and attendance, as well as rehabilitation expenses, by the
29  payment of a lump sum. The judge of compensation claims shall
30  not approve settlement proposals, including any stipulations
31  or agreements between the parties or between a claimant and
                                  31
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                                       CS/HB 1927, First Engrossed
  1  his or her attorney related to a settlement, which provide for
  2  an attorney's fee in excess of the amount permitted in s.
  3  440.34. Such a compensation order so entered upon joint
  4  petition of all interested parties is not subject to
  5  modification or review under s. 440.28. If the settlement
  6  proposal together with supporting evidence is not approved by
  7  the judge of compensation claims, it shall be considered void.
  8  Upon approval of a lump-sum settlement under this subsection,
  9  the judge of compensation claims shall send a report to the
10  Chief Judge of the amount of the settlement and a statement of
11  the nature of the controversy. The Chief Judge shall keep a
12  record of all such reports filed by each judge of compensation
13  claims and shall submit to the Legislature a summary of all
14  such reports filed under this subsection annually by September
15  15.
16         (b)  When a claimant is not represented by counsel,
17  upon joint petition of all interested parties, a lump-sum
18  payment in exchange for the employer's or carrier's release
19  from liability for future medical expenses, as well as future
20  payments of compensation and rehabilitation expenses, and any
21  other benefits provided under this chapter, may be allowed at
22  any time in any case after the injured employee has attained
23  maximum medical improvement. An employer or carrier may not
24  pay any attorney's fees on behalf of the claimant for any
25  settlement, unless expressly authorized elsewhere in this
26  chapter. The judge of compensation claims shall not approve
27  settlement proposals, including any stipulations or agreements
28  between the parties or between a claimant and his or her
29  attorney related to the settlement proposal, which provide for
30  an attorney's fee in excess of the amount permitted in s.
31  440.34. A compensation order so entered upon joint petition of
                                  32
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                                       CS/HB 1927, First Engrossed
  1  all interested parties shall not be subject to modification or
  2  review under s. 440.28. However, a judge of compensation
  3  claims is not required to approve any award for lump-sum
  4  payment when it is determined by the judge of compensation
  5  claims that the payment being made is in excess of the value
  6  of benefits the claimant would be entitled to under this
  7  chapter. The judge of compensation claims shall make or cause
  8  to be made such investigations as she or he considers
  9  necessary, in each case in which the parties have stipulated
10  that a proposed final settlement of liability of the employer
11  for compensation shall not be subject to modification or
12  review under s. 440.28, to determine whether such final
13  disposition will definitely aid the rehabilitation of the
14  injured worker or otherwise is clearly for the best interests
15  of the person entitled to compensation and, in her or his
16  discretion, may have an investigation made by the
17  Rehabilitation Section of the Division of Workers'
18  Compensation. The joint petition and the report of any
19  investigation so made will be deemed a part of the proceeding.
20  An employer shall have the right to appear at any hearing
21  pursuant to this subsection which relates to the discharge of
22  such employer's liability and to present testimony at such
23  hearing. The carrier shall provide reasonable notice to the
24  employer of the time and date of any such hearing and inform
25  the employer of her or his rights to appear and testify. When
26  the claimant is represented by counsel or when the claimant
27  and carrier or employer are represented by counsel, final
28  approval of the lump-sum settlement agreement, as provided for
29  in a joint petition and stipulation, shall be approved by
30  entry of an order within 7 days after the filing of such joint
31  petition and stipulation without a hearing, unless the judge
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                                       CS/HB 1927, First Engrossed
  1  of compensation claims determines, in her or his discretion,
  2  that additional testimony is needed before such settlement can
  3  be approved or disapproved and so notifies the parties. The
  4  probability of the death of the injured employee or other
  5  person entitled to compensation before the expiration of the
  6  period during which such person is entitled to compensation
  7  shall, in the absence of special circumstances making such
  8  course improper, be determined in accordance with the most
  9  recent United States Life Tables published by the National
10  Office of Vital Statistics of the United States Department of
11  Health and Human Services. The probability of the happening of
12  any other contingency affecting the amount or duration of the
13  compensation, except the possibility of the remarriage of a
14  surviving spouse, shall be disregarded. As a condition of
15  approving a lump-sum payment to a surviving spouse, the judge
16  of compensation claims, in the judge of compensation claims'
17  discretion, may require security which will ensure that, in
18  the event of the remarriage of such surviving spouse, any
19  unaccrued future payments so paid may be recovered or recouped
20  by the employer or carrier. Such applications shall be
21  considered and determined in accordance with s. 440.25.
22         (c)  Notwithstanding s. 440.21(2), when a claimant is
23  represented by counsel, the claimant may waive all rights to
24  all benefits under this chapter by entering into a settlement
25  agreement releasing the employer and the carrier from
26  liability for workers' compensation benefits in exchange for a
27  lump-sum payment to the claimant. The settlement agreement
28  requires approval by the judge of compensation claims only as
29  to the attorney's fees paid to the claimant's attorney by the
30  claimant. The parties need not submit any information or
31  documentation in support of the settlement, except as needed
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                                       CS/HB 1927, First Engrossed
  1  to justify the amount of the attorney's fees. Neither the
  2  employer nor the carrier is responsible for any attorney's
  3  fees relating to the settlement and release of claims under
  4  this section. Payment of the lump-sum settlement amount must
  5  be made within 14 days after the date the judge of
  6  compensation claims mails the order approving the attorney's
  7  fees. Any order entered by a judge of compensation claims
  8  approving the attorney's fees as set out in the settlement
  9  under this subsection is not considered to be an award and is
10  not subject to modification or review. The judge of
11  compensation claims shall report these settlements to the
12  chief judge in accordance with the requirements set forth in
13  paragraphs (a) and (b). Settlements entered into under this
14  subsection are valid and apply to all dates of accident.
15         (d)  With respect to any lump-sum settlement under this
16  subsection, a judge of compensation claims must consider
17  whether the settlement provides for appropriate recovery of
18  any child support arrearage. Neither the employer nor the
19  carrier has a duty to investigate or collect information
20  regarding child support arrearages.
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 16.  Subsections (1), (3), and (4) of section
25  440.25, Florida Statutes, are amended to read:
26         440.25  Procedures for mediation and hearings.--
27         (1)  Within 90 21 days after a petition for benefits is
28  filed under s. 440.192, a mediation conference concerning such
29  petition shall be held. Within 40 7 days after such petition
30  is filed, the judge of compensation claims shall notify the
31  interested parties by order that a mediation conference
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                                       CS/HB 1927, First Engrossed
  1  concerning such petition will be held unless the parties have
  2  notified the Office of the Judges of Compensation Claims that
  3  a mediation has been held. Such order must notice shall give
  4  the date by which, time, and location of the mediation
  5  conference must be held. Such order notice may be served
  6  personally upon the interested parties or may be sent to the
  7  interested parties by mail. Continuances may be granted only
  8  if the requesting party demonstrates to the judge of
  9  compensation claims that the reason for requesting the
10  continuance arises from circumstances beyond the party's
11  control. Any order granting a continuance must set forth the
12  date of the rescheduled mediation conference. A mediation
13  conference may not be used solely for the purpose of mediating
14  attorney's fees.
15         (3)(a)  Such mediation conference shall be conducted
16  informally and shall does not require the use of formal rules
17  of evidence or procedure. Any information from the files,
18  reports, case summaries, mediator's notes, or other
19  communications or materials, oral or written, relating to a
20  mediation conference under this section obtained by any person
21  performing mediation duties is privileged and confidential and
22  may not be disclosed without the written consent of all
23  parties to the conference. Any research or evaluation effort
24  directed at assessing the mediation program activities or
25  performance must protect the confidentiality of such
26  information. Each party to a mediation conference has a
27  privilege during and after the conference to refuse to
28  disclose and to prevent another from disclosing communications
29  made during the conference whether or not the contested issues
30  are successfully resolved. This subsection and paragraphs
31  (4)(a) and (b) shall not be construed to prevent or inhibit
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                                       CS/HB 1927, First Engrossed
  1  the discovery or admissibility of any information that is
  2  otherwise subject to discovery or that is admissible under
  3  applicable law or rule of procedure, except that any conduct
  4  or statements made during a mediation conference or in
  5  negotiations concerning the conference are inadmissible in any
  6  proceeding under this chapter.
  7         (b)1.  Unless the parties conduct a private mediation
  8  under subparagraph 2., mediation shall be conducted by a
  9  mediator selected by the Deputy Chief Judge from among
10  mediators The Chief Judge shall select a mediator. The
11  mediator shall be employed on a full-time basis by the Office
12  of the Judges of Compensation Claims. A mediator must be a
13  member of The Florida Bar for at least 5 years and must
14  complete a mediation training program approved by the Chief
15  Judge. Adjunct mediators may be employed by the Office of the
16  Judges of Compensation Claims on an as-needed basis and shall
17  be selected from a list prepared by the Chief Judge. An
18  adjunct mediator must be independent of all parties
19  participating in the mediation conference. An adjunct mediator
20  must be a member of The Florida Bar for at least 5 years and
21  must complete a mediation training program approved by the
22  Chief Judge. An adjunct mediator shall have access to the
23  office, equipment, and supplies of the judge of compensation
24  claims in each district. This subparagraph is repealed January
25  1, 2003.
26         2.a.  With respect to any mediation occurring on or
27  after January 1, 2003; or
28         b.  If the parties agree or if no mediators under
29  subparagraph 1. are available to conduct the required
30  mediation within the period specified in this section,
31
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                                       CS/HB 1927, First Engrossed
  1  the parties shall hold a mediation conference at the carrier's
  2  expense within the 90-day period set for mediation. The
  3  mediation conference shall be conducted by a mediator
  4  certified under s. 44.106. If the parties do not agree upon a
  5  mediator within 10 days after the date of the order, the
  6  claimant shall notify the judge in writing and the judge shall
  7  appoint a mediator under this subparagraph within 7 days. In
  8  the event both parties agree, the results of the mediation
  9  conference shall be binding and neither party shall have a
10  right to appeal the results. In the event either party refuses
11  to agree to the results of the mediation conference, the
12  results of the mediation conference as well as the testimony,
13  witnesses, and evidence presented at the conference shall not
14  be admissible at any subsequent proceeding on the claim. The
15  mediator shall not be called in to testify or give deposition
16  to resolve any claim for any hearing before the judge of
17  compensation claims. The employer may be represented by an
18  attorney at the mediation conference if the employee is also
19  represented by an attorney at the mediation conference.
20         (c)  The parties shall complete the pretrial
21  stipulations before the conclusion of the mediation conference
22  if the claims, except for attorney's fees and costs, have not
23  been settled and if any claims in any filed petition remain
24  unresolved.  The judge of compensation claims may sanction a
25  party or both parties for failure to complete the pretrial
26  stipulations before the conclusion of the mediation
27  conference.
28         (4)(a)  If the parties fail to agree upon written
29  submission of pretrial stipulations at the mediation
30  conference, on the 10th day following commencement of
31  mediation, the questions in dispute have not been resolved,
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                                       CS/HB 1927, First Engrossed
  1  the judge of compensation claims shall order a pretrial
  2  hearing to occur within 14 days after the date of mediation
  3  ordered by the judge of compensation claims hold a pretrial
  4  hearing. The judge of compensation claims shall give the
  5  interested parties at least 7 days' advance notice of the
  6  pretrial hearing by mail. At the pretrial hearing, the judge
  7  of compensation claims shall, subject to paragraph (b), set a
  8  date for the final hearing that allows the parties at least 30
  9  days to conduct discovery unless the parties consent to an
10  earlier hearing date.
11         (b)  The final hearing must be held and concluded
12  within 90 45 days after the mediation conference is held
13  pretrial hearing. Continuances may be granted only if the
14  requesting party demonstrates to the judge of compensation
15  claims that the reason for requesting the continuance arises
16  from circumstances beyond the party's control. Any order
17  granting a continuance must set forth the date and time of the
18  rescheduled hearing. If a judge of compensation claims grants
19  two or more continuances to a requesting party, the judge of
20  compensation claims shall report such continuances to the
21  Deputy Chief Judge.
22         (c)  The judge of compensation claims shall give the
23  interested parties at least 7 days' advance notice of the
24  final hearing, served upon the interested parties by mail.
25         (d)  The final hearing shall be held within 210 days
26  after receipt of the petition for benefits in the county where
27  the injury occurred, if the injury occurred in this state,
28  unless otherwise agreed to between the parties and authorized
29  by the judge of compensation claims in the county where the
30  injury occurred. If the injury occurred outside without the
31  state and is one for which compensation is payable under this
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                                       CS/HB 1927, First Engrossed
  1  chapter, then the final hearing above referred to may be held
  2  in the county of the employer's residence or place of
  3  business, or in any other county of the state that which will,
  4  in the discretion of the Chief Judge, be the most convenient
  5  for a hearing. The final hearing shall be conducted by a judge
  6  of compensation claims, who shall, within 30 14 days after
  7  final hearing or closure of the hearing record, unless
  8  otherwise agreed by the parties, enter a final order on the
  9  merits of the disputed issues determine the dispute in a
10  summary manner. The judge of compensation claims may enter an
11  abbreviated final order in cases when compensability is not
12  disputed. Either party may request separate findings of fact
13  and conclusions of law. At the final such hearing, the
14  claimant and employer may each present evidence in respect of
15  the claims presented by the petition for benefits such claim
16  and may be represented by any attorney authorized in writing
17  for such purpose. When there is a conflict in the medical
18  evidence submitted at the hearing, the provisions of s. 440.13
19  shall apply. The report or testimony of the expert medical
20  advisor shall be made a part of the record of the proceeding
21  and shall be given the same consideration by the judge of
22  compensation claims as is accorded other medical evidence
23  submitted in the proceeding; and all costs incurred in
24  connection with such examination and testimony may be assessed
25  as costs in the proceeding, subject to the provisions of s.
26  440.13. No judge of compensation claims may make a finding of
27  a degree of permanent impairment that is greater than the
28  greatest permanent impairment rating given the claimant by any
29  examining or treating physician, except upon stipulation of
30  the parties.
31
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                                       CS/HB 1927, First Engrossed
  1         (e)  The order making an award or rejecting the claim,
  2  referred to in this chapter as a "compensation order," shall
  3  set forth the findings of ultimate facts and the mandate; and
  4  the order need not include any other reason or justification
  5  for such mandate. The compensation order shall be filed in the
  6  office of the division at Tallahassee. A copy of such
  7  compensation order shall be sent by mail to the parties and
  8  attorneys of record at the last known address of each, with
  9  the date of mailing noted thereon.
10         (f)  Each judge of compensation claims is required to
11  submit a special report to the Chief Judge in each contested
12  workers' compensation case in which the case is not determined
13  within 14 days of final hearing. Said form shall be provided
14  by the Chief Judge and shall contain the names of the judge of
15  compensation claims and of the attorneys involved and a brief
16  explanation by the judge of compensation claims as to the
17  reason for such a delay in issuing a final order. The Chief
18  Judge shall compile these special reports into an annual
19  public report to the Governor, the Secretary of Labor and
20  Employment Security, the Legislature, The Florida Bar, and the
21  appellate district judicial nominating commissions.
22         (g)  Judges of compensation claims shall adopt and
23  enforce uniform local rules for workers' compensation.
24         (g)(h)  Notwithstanding any other provision of this
25  section, the judge of compensation claims may require the
26  appearance of the parties and counsel before her or him
27  without written notice for an emergency conference where there
28  is a bona fide emergency involving the health, safety, or
29  welfare of an employee. An emergency conference under this
30  section may result in the entry of an order or the rendering
31  of an adjudication by the judge of compensation claims.
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                                       CS/HB 1927, First Engrossed
  1         (h)(i)  To expedite dispute resolution and to enhance
  2  the self-executing features of the Workers' Compensation Law,
  3  the Chief Judge shall make provision by rule or order for the
  4  resolution of appropriate motions by judges of compensation
  5  claims without oral hearing upon submission of brief written
  6  statements in support and opposition, and for expedited
  7  discovery and docketing. Unless the judge of compensation
  8  claims orders a hearing under paragraph (i), claims related to
  9  the determination of pay under s. 440.14 shall be resolved
10  under this paragraph.
11         (i)(j)  To further expedite dispute resolution and to
12  enhance the self-executing features of the system, those
13  petitions filed in accordance with s. 440.192 that involve a
14  claim for benefits of $5,000 or less shall, in the absence of
15  compelling evidence to the contrary, be presumed to be
16  appropriate for expedited resolution under this paragraph; and
17  any other claim filed in accordance with s. 440.192, upon the
18  written agreement of both parties and application by either
19  party, may similarly be resolved under this paragraph. Claims
20  for medical-only benefits of $5,000 or less, or medical
21  mileage reimbursement shall, in the absence of compelling
22  evidence to the contrary, be resolved through the expedited
23  dispute resolution process under this paragraph. For purposes
24  of expedited resolution pursuant to this paragraph, the Chief
25  Judge shall make provision by rule or order for expedited and
26  limited discovery and expedited docketing in such cases. At
27  least 15 days prior to hearing, the parties shall exchange and
28  file with the judge of compensation claims a pretrial outline
29  of all issues, defenses, and witnesses on a form promulgated
30  by the Chief Judge; provided, in no event shall such hearing
31  be held without 15 days' written notice to all parties. No
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                                       CS/HB 1927, First Engrossed
  1  pretrial hearing shall be held. The judge of compensation
  2  claims shall limit all argument and presentation of evidence
  3  at the hearing to a maximum of 30 minutes, and such hearings
  4  shall not exceed 30 minutes in length. Neither party shall be
  5  required to be represented by counsel. The employer or carrier
  6  may be represented by an adjuster or other qualified
  7  representative. The employer or carrier and any witness may
  8  appear at such hearing by telephone. The rules of evidence
  9  shall be liberally construed in favor of allowing introduction
10  of evidence.
11         (j)  A judge of compensation claims, either upon the
12  motion of a party or the judge's own motion, may dismiss a
13  petition for lack of prosecution if no petitions, responses,
14  motions, orders, requests for hearings, or notices of
15  deposition have been filed for a period of 12 months, unless
16  good cause is shown. Dismissals for lack of prosecution are
17  without prejudice and do not require a hearing.
18         (k)  A judge of compensation claims may not award
19  interest on unpaid medical bills, nor may the amount of such
20  bills be used to calculate the amount of interest awarded.
21
22  Regardless of the date benefits were initially requested,
23  attorney's fees do not attach under this subsection until 30
24  days from the date the carrier or employer, if self-insured,
25  receives the petition.
26         Section 17.  Subsection (4) of section 440.29, Florida
27  Statutes, is amended to read:
28         440.29  Procedure before the judge of compensation
29  claims.--
30         (4)  All medical reports of authorized treating health
31  care providers or independent medical examiners, whose medical
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                                       CS/HB 1927, First Engrossed
  1  opinion is submitted under s. 440.13(5)(e), relating to the
  2  claimant and subject accident shall be received into evidence
  3  by the judge of compensation claims upon proper motion.
  4  However, such records must be served on the opposing party at
  5  least 30 days before the final hearing. This section does not
  6  limit any right of further discovery, including, but not
  7  limited to, depositions.
  8         Section 18.  Subsections (1) and (3) of section 440.34,
  9  Florida Statutes, are amended to read:
10         440.34  Attorney's fees; costs.--
11         (1)  A fee, gratuity, or other consideration may not be
12  paid for services rendered for a claimant in connection with
13  any proceedings arising under this chapter, unless approved as
14  reasonable by the judge of compensation claims or court having
15  jurisdiction over such proceedings. Except as provided by this
16  subsection, any attorney's fee approved by a judge of
17  compensation claims for services rendered to a claimant must
18  equal to 20 percent of the first $5,000 of the amount of the
19  benefits secured, 15 percent of the next $5,000 of the amount
20  of the benefits secured, 10 percent of the remaining amount of
21  the benefits secured to be provided during the first 10 years
22  after the date the claim is filed, and 5 percent of the
23  benefits secured after 10 years. However, in medical-only
24  petitions, the judge of compensation claims shall consider the
25  following factors in each case and may approve an additional
26  increase or decrease the attorney's fee, not to exceed $1,000
27  per accident based on a reasonable hourly rate, if the judge
28  of compensation claims expressly finds that the attorney's
29  fee, based on benefits secured, fails to fairly compensate the
30  attorney and, in her or his judgment, the circumstances of the
31  particular case warrant such action.  The judge of
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                                       CS/HB 1927, First Engrossed
  1  compensation claims shall not approve a compensation order, a
  2  joint stipulation for lump-sum settlement, a stipulation or
  3  agreement between a claimant and his or her attorney, or any
  4  other agreement related to benefits under this chapter that
  5  provides for an attorney's fee in excess of the amount
  6  permitted by this section.:
  7         (a)  The time and labor required, the novelty and
  8  difficulty of the questions involved, and the skill requisite
  9  to perform the legal service properly.
10         (b)  The fee customarily charged in the locality for
11  similar legal services.
12         (c)  The amount involved in the controversy and the
13  benefits resulting to the claimant.
14         (d)  The time limitation imposed by the claimant or the
15  circumstances.
16         (e)  The experience, reputation, and ability of the
17  lawyer or lawyers performing services.
18         (f)  The contingency or certainty of a fee.
19         (3)  If the claimant should prevail in any proceedings
20  before a judge of compensation claims or court, there shall be
21  taxed against the employer the reasonable costs of such
22  proceedings, not to include the attorney's fees of the
23  claimant. A claimant shall be responsible for the payment of
24  her or his own attorney's fees, except that a claimant shall
25  be entitled to recover a reasonable attorney's fee from a
26  carrier or employer:
27         (a)  Against whom she or he successfully asserts a
28  petition claim for medical benefits only, if the claimant has
29  not filed or is not entitled to file at such time a claim for
30  disability, permanent impairment, wage-loss, or death
31  benefits, arising out of the same accident; or
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                                       CS/HB 1927, First Engrossed
  1         (b)  In any case in which the employer or carrier files
  2  a response to petition notice of denial with the Office of the
  3  Judges of Compensation Claims division and the injured person
  4  has employed an attorney in the successful prosecution of the
  5  claim; or
  6         (c)  In a proceeding in which a carrier or employer
  7  denies that an injury occurred for which compensation benefits
  8  are payable, and the claimant prevails on the issue of
  9  compensability; or
10         (d)  In cases where the claimant successfully prevails
11  in proceedings filed under s. 440.24 or s. 440.28.
12
13  Regardless of the date benefits were initially requested,
14  attorney's fees shall not attach under this subsection until
15  30 days from the date the carrier or employer, if
16  self-insured, receives the petition. In applying the factors
17  set forth in subsection (1) to cases arising under paragraphs
18  (a), (b), (c), and (d), the judge of compensation claims must
19  only consider only such benefits and the time reasonably spent
20  in obtaining them as were secured for the claimant within the
21  scope of paragraphs (a), (b), (c), and (d).
22         Section 19.  Section 440.345, Florida Statutes, is
23  amended to read:
24         440.345  Reporting of attorney's fees.--All fees paid
25  to attorneys for services rendered under this chapter shall be
26  reported to the division as the division requires by rule. The
27  division shall annually summarize the such data in a report to
28  the Governor, the President of the Senate, and the Speaker of
29  the House of Representatives Workers' Compensation Oversight
30  Board.
31
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                                       CS/HB 1927, First Engrossed
  1         Section 20.  Subsection (8) is added to section 440.39,
  2  Florida Statutes, to read:
  3         440.39  Compensation for injuries when third persons
  4  are liable.--
  5         (8)  This section does not impose on the carrier a duty
  6  to preserve evidence pertaining to the industrial accident or
  7  to injuries arising from such accident.
  8         Section 21.  Effective October 1, 2001, subsections (1)
  9  and (2) of section 440.4416, Florida Statutes, are amended to
10  read:
11         440.4416  Workers' Compensation Oversight Board.--
12         (1)  There is created within the department of Labor
13  and Employment Security the Workers' Compensation Oversight
14  Board. The board shall be composed of the following members,
15  each of whom has knowledge of, or experience with, the
16  workers' compensation system:
17         (a)  Five Six members selected by the Governor, none of
18  whom shall be a member of the Legislature at the time of
19  appointment, consisting of the following:
20         1.  One representative Two representatives of the
21  workers' compensation insurance industry employers.
22         2.  One representative Four representatives of workers'
23  compensation health care providers employees, one of whom must
24  be a representative of an employee's union whose members are
25  covered by workers' compensation pursuant to this chapter.
26         3.  One representative of workers' compensation
27  claimant's attorneys.
28         4.  One representative of workers' compensation defense
29  attorneys.
30         5.  One representative who is either an employer or a
31  nonsalaried and nonmanagement employee.
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                                       CS/HB 1927, First Engrossed
  1         (b)  Two Three members selected by the President of the
  2  Senate, none of whom shall be members of the Legislature at
  3  the time of appointment, consisting of:
  4         1.  A representative of employers who employs at least
  5  10 employees in Florida for which workers' compensation
  6  coverage is provided pursuant to this chapter, and who is a
  7  licensed general contractor actively engaged in the
  8  construction industry in this state.
  9         1.2.  A representative of employers who employs fewer
10  than 25 10 employees in Florida for which workers'
11  compensation coverage is provided pursuant to this chapter.
12         2.3.  A representative of employees who is a
13  nonsalaried and nonmanagement employee of an employer
14  employing at least 25 persons.
15         (c)  Two Three members selected by the Speaker of the
16  House of Representatives, none of whom shall be members of the
17  Legislature at the time of appointment, consisting of:
18         1.  A representative of employers who employs fewer
19  than 10 employees in Florida and who is a licensed general
20  contractor actively engaged in the construction industry in
21  this state for which workers' compensation coverage is
22  provided pursuant to this chapter.
23         1.2.  A representative of employers who employs at
24  least 25 10 employees in Florida for which workers'
25  compensation coverage is provided pursuant to this chapter.
26         2.3.  A representative of employees who is a
27  nonsalaried and nonmanagement employee of an employer
28  employing fewer than 25 persons.
29         (d)  Additionally, the Insurance Commissioner and the
30  secretary of the Department of Labor and Employment Security
31  shall be nonvoting ex officio members.
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                                       CS/HB 1927, First Engrossed
  1         (d)(e)  The terms of all current board members shall
  2  expire December 31, 2001. New original appointments to the
  3  board shall be made on or before January 1, 2002 1994.
  4  Vacancies in the membership of the board shall be filled in
  5  the same manner as the original appointments. Except as to ex
  6  officio members of the board, Three appointees of the
  7  Governor, one appointee two appointees of the President of the
  8  Senate, and one appointee two appointees of the Speaker of the
  9  House of Representatives shall serve for terms of 2 years, and
10  the remaining appointees shall serve for terms of 4 years.
11  Thereafter, all members shall serve for terms of 4 years;
12  except that a vacancy shall be filled by appointment for the
13  remainder of the term. The board shall have an organizational
14  meeting on or before March 1, 1994, the time and place of such
15  meeting to be determined by the Governor.
16         (e)(f)  Each member is accountable to the Governor for
17  proper performance of his or her duties as a member of the
18  board. The Governor may remove from office any member for
19  malfeasance, misfeasance, neglect of duty, drunkenness,
20  incompetence, permanent inability to perform official duties,
21  or for pleading guilty or nolo contendere to, or having been
22  adjudicated guilty of, a first degree misdemeanor or a felony.
23         (f)(g)  A vacancy shall occur upon failure of a member
24  to attend four consecutive meetings of the board or 50 percent
25  of the meetings of the board during a 12-month period, unless
26  the board by majority votes to excuse the absence of such
27  member.
28         (2)  POWERS AND DUTIES; ORGANIZATION.--
29         (a)  The board shall have all the powers necessary and
30  convenient to carry out and effectuate the purposes of this
31  section, including, but not limited to, the power to:
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                                       CS/HB 1927, First Engrossed
  1         1.  Conduct public hearings.
  2         2.  Report to the Legislature by January 1, 1995, as to
  3  the feasibility of a return-to-work program that includes
  4  incentives for employers who encourage such a program and
  5  disincentives for employers who hinder such a program.
  6         2.3.  Prescribe qualifications for board employees.
  7         3.4.  Appear on its own behalf before other boards,
  8  commissions, or agencies of the state or Federal Government.
  9         4.5.  Make and execute contracts to the extent that
10  such contracts are consistent with duties and powers set forth
11  in this section and elsewhere in the law of this state.
12         (b)  The board shall adopt bylaws, formulate workers'
13  compensation legislation or amendments, review, advise, and
14  appear before the Legislature in connection with legislation
15  that impacts the workers' compensation system, advise the
16  division on policy, administrative and legislative issues, and
17  appear before other state or federal agencies in connection
18  with matters impacting the workers' compensation system.
19         (c)  The Governor board shall select a chair from among
20  the employer or employee members of the board. The member
21  designated as chair who shall serve as chair for a term period
22  of 2 years or and until a successor is elected and qualified,
23  unless removed from the board by the Governor. The chair shall
24  be the chief administrative officer of the board and shall
25  have the authority to plan, direct, coordinate, and execute
26  the powers and duties of the board.
27         (d)  The board shall hold at least one regularly
28  scheduled meeting each quarter and other such meetings during
29  the year as it deems necessary, except that the chair, a
30  quorum of the board, or the division may call meetings. The
31  board shall hold at least two meetings a year outside Leon
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                                       CS/HB 1927, First Engrossed
  1  County. The board shall maintain transcripts of each meeting.
  2  Such transcripts shall be available to any interested person
  3  in accordance with chapter 119.
  4         (e)  The board shall approve the bylaws or amendments
  5  thereto by unanimous vote. All other board actions or
  6  recommendations shall be approved by not less than a majority
  7  vote of the members present employee representatives and
  8  majority vote of employer representatives, unless the bylaws
  9  otherwise provide.
10         (f)  The board shall submit all formal reports and
11  publications made by the board to the division at least 30
12  days prior to the release or publication of the information.
13  The board shall include in all formal reports and publications
14  any response from the division.
15         Section 22.  Section 627.0915, Florida Statutes, is
16  amended to read:
17         627.0915  Rate filings; workers' compensation,
18  drug-free workplace, and safe employers.--The Department of
19  Insurance shall approve rating plans for workers' compensation
20  insurance that give specific identifiable consideration in the
21  setting of rates to employers that either implement a
22  drug-free workplace program pursuant to rules adopted by the
23  Division of Workers' Compensation of the Department of Labor
24  and Employment Security or implement a safety program pursuant
25  to provisions of the rating plan approved by the Division of
26  Safety pursuant to rules adopted by the Division of Safety of
27  the Department of Labor and Employment Security or implement
28  both a drug-free workplace program and a safety program. The
29  Division of Safety may by rule require that the client of a
30  help supply services company comply with the essential
31  requirements of a workplace safety program as a condition for
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                                       CS/HB 1927, First Engrossed
  1  receiving a premium credit. The plans must take effect January
  2  1, 1994, must be actuarially sound, and must state the savings
  3  anticipated to result from such drug-testing and safety
  4  programs.
  5         Section 23.  The amendments to ss. 440.02 and 440.15 in
  6  this act shall not be construed to affect any determination of
  7  disability under s. 112.18, 112.181, or s. 112.19, Florida
  8  Statutes.
  9         Section 24.  Subsection (3) of section 440.45, Florida
10  Statutes, is repealed.
11         Section 25.  If any provision of this act or its
12  application to any person or circumstance is held invalid, the
13  invalidity does not affect other provisions or applications of
14  the act which can be given effect without the invalid
15  provision or application, and to this end the provisions of
16  this act are declared severable.
17         Section 26.  Except as otherwise provided herein, this
18  act shall take effect January 1, 2002.
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