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60Q-6 (1).doc - CHAPTER 60Q-6 RULES OF PROCEDURE FOR...

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CHAPTER 60Q-6 RULES OF PROCEDURE FOR WORKERS’ COMPENSATION ADJUDICATIONS 60Q-6.101 Scope 60Q-6.102 Definitions 60Q-6.103 Pleadings and Proposed Orders 60Q-6.104 Representation and Appearance of Counsel 60Q-6.105 Commencing a Case; Subsequent Petitions 60Q-6.106 Consolidation and Venue 60Q-6.107 Amendment and Dismissal of Petition for Benefits 60Q-6.108 Filing and Service 60Q-6.109 Computation of Time 60Q-6.110 Mediation, Generally 60Q-6.111 Authority and Duties of Mediator 60Q-6.112 Disqualification of Mediator 60Q-6.113 Pretrial Procedure 60Q-6.114 Discovery 60Q-6.115 Motion Practice 60Q-6.116 Prosecution of Claims and Petitions for Benefits 60Q-6.117 Emergency Conferences 60Q-6.118 Expedited Hearings 60Q-6.119 Abbreviated Final Orders 60Q-6.120 Summary Final Order 60Q-6.121 Evidence 60Q-6.122 Motion for Re-hearing and Amending or Vacating Order 60Q-6.123 Settlements Under Section 440.20(11), Florida Statutes 60Q-6.124 Payment of Attorney’s Fees and Costs Other Than Pursuant to Section 440.20(11), Florida Statutes 60Q-6.125 Sanctions 60Q-6.126 Disqualification or Recusal of Judges 60Q-6.127 Procedure for Relief from Appellate Filing Fee and Costs 60Q-6.128 Destruction of Obsolete Records 60Q-6.101 Scope. These rules of procedure apply in all workers’ compensation proceedings before the judges of compensation claims. Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06. 60Q-6.102 Definitions. (1) “Claim” means each assertion of a legal right or benefit under Chapter 440, F.S. (2) “Claimant” means the person asserting a claim. (3) “Division” means the Division of Workers’ Compensation, Department of Financial Services. (4) “Office of the Judges of Compensation Claims” (OJCC) means the office within the Department of Management Services, Division of Administrative Hearings, where the Deputy Chief Judge and judges of compensation claims preside. (5) “Electronic filing” means uploaded to the appropriate case docket using the electronic judges of compensation claims’ e- filing system (e-JCC) accessed through a link on the OJCC website at www.jcc.state.fl.us. (6) “Electronic signature” means that a graphic version of the e-JCC user’s signature or “s/” followed by the e-JCC user’s typewritten name is deemed to be the legal equivalent of the e-JCC user’s handwritten signature. (7) “Filed” means received by the clerk of the OJCC in Tallahassee. (8) “Judge” means a judge of compensation claims appointed pursuant to Chapter 440, F.S. (9) “Parties” may include the petitioner, claimant, employer, carrier, servicing agent, health care provider, and division. (10) “Petition for benefits” means a pleading invoking the jurisdiction of the OJCC and subject to the requirements of Section 440.192(1) through (4), F.S.
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(11) “Pleading” means a petition for benefits or an amended petition, a motion, a response to a petition or a motion, a voluntary dismissal, a voluntary agreement to provide benefits, a pretrial stipulation, a stipulation changing the issues pending in a case, or a notice.
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