Be Aware of Upcoming Changes to FL Workers Comp Rules of Procedure
Florida business owners with employees need should be aware of the proposed changes to the state’s workers’ compensation rules of procedure. The Florida Department of Administrative Hearings has put five major areas under discussion, according to this analysis:
1. Adjusters at Mediations
The primary rule change that will impact adjusters handling claims is Rule 6.110(5)(a), which allows a party to appear at the mediation via telephone. The rule currently allows a telephone appearance if approved in advance by the mediator. The proposed change will still require pre-approval by the mediator, but the party will have to stipulate in advance, in writing, to be bound by his attorney’s signature on the mediation report.
The claimants’ bar does not object to this proposed change. However, the change does present an additional administrative hurdle for employers/carriers in following the custom of allowing the adjuster to appear at mediation via the telephone. In these economic times, and considering how many files adjusters have to handle, why an adjuster would be forced to travel is suspect.
2. Disallowing Discovery Within 15 Days of Final Hearing
Another proposed rule that affects the claims handling process is the addition of Rule 6.113(7), disallowing any discovery within 15 days of the final hearing absent prior approval of the judge or by agreement of the parties. This may require doctor depositions to be scheduled earlier in the process of defending a claim than is done currently so as to avoid the necessity of obtaining the judge’s approval, especially if the claimant’s lawyer objects and will not cooperate in the scheduling of the discovery.
3. Requiring Impeachment and Rebuttal Witness on Pretrial Stipulation
A topic of considerable discussion concerns the proposed change to Rule 6.113, Pretrial Procedure, to require the identification of all witnesses and exhibits, to include impeachment and rebuttal evidence. The current rules explicitly exempt impeachment and rebuttal evidence from having to be disclosed. The claimants’ lawyers, including Florida Workers’ Advocates, strongly favor this change. According to Deputy Chief Judge Langham, so too does the Florida Bar’s Workers’Compensation Rules Advisory Committee.
4. Any Claim or Defense Not Listed on Pretrial Stipulation May be Waived
The final area of significant concern for employers/carriers is Rule 6.113 (2)(a), which proposes that any claim or defense not listed on the pretrial stipulation is waived unless thereafter amended by the judge for good cause shown. This provision appears to conflict with Rule 6.113(5) (formerly 4), which allows witness lists, exhibit lists, supplements, and amendments to the pretrial stipulation to be served greater than 30 days before the final hearing without requiring judicial approval or stipulation of the parties.
5. Written Responses to All Motions May be Required
Also under discussion are proposed changes to Rule 6.115 on motion practice, which if adopted will require a written response to a motion to be served within 15 days. The current rule allows, but does not require, a written response within 10 days of service of the motion. The proposed change would also state that the failure to file a written response shall be construed as a waiver of any objections to the motion. Those objecting to the rule change do not like mandating a written response, and strongly object to having the failure to file a written response considered a waiver of objections without, presumably, the ability to be heard at a live motion hearing.
One of the ways to ensure that your company remains completely current with all regulations, including those discussed here, is to consider utilizing back-office outsourcing services. Our sister firm, Tri-OritySM, offers a full array of back-office outsourcing solutions for law firms, medical practices, and for the the administrative offices of virtually any industry. Both LSG and Tri-oritySM are fully current with all local, state, and federal regulations that affect our clients. For more information on this service, please contact the Tri-OritySM team.
We welcome any thoughts, comments, or questions about these issues and the changes that, regardless of degree, will most certainly have an impact on most of those in the industry.
Please see www.doah.state.fl.us or www.jcc.state.fl.us for a copy of the final proposed rules.