Florida/Georgia Personal Injury & Workers Compensation

...We thus hold that a wrongful discharge action is not cognizable by a deputy commissioner within Chapter 440. [3] *185 A section 440.205 action is likewise not a proper proceeding under Chapter 120. We do not believe that the deputy commissioner can be granted "agency status" for the purpose of section 440.205 adjudications. Section 440.021, Florida Statutes (1979), specifically exempts workers' compensation proceedings from the Administrative Procedure Act....

COMPENSATION, PERMIT THE DEPUTY'S APPLICATION OF SECTION 440.21, FLORIDA STATUTES, TO AWARD COMPENSATION BENEFITS

reduction in compensation may be violative of section 440.21." Id. at 497. THE PERCENTAGE OF A PERCENTAGE

2d 252 (Fla.1989), this Court observed that section 440.21, Florida Statutes (1985),[1] precludes offsets

worker's compensation insurance in violation of section 440.21, Florida Statutes (1983). In their answer to

...ant or revoke either paroles or conditional releases. The bill died in the Senate Committee on Governmental Operations. History of Legislation, 1977 Regular Session, Florida Legislature (Senate Bills Actions Report) at 195. [3] Compare, for example, Section 440.021's exemption of workers' compensation adjudications from Chapter 120....

allowable. We agree to the extent indicated herein. Section 440.21, Florida Statutes, provides that: "No agreement

contributed. This is contrary to Florida Statute § 440.21, F.S.A., which provides in part as follows: "No

benefits in contradiction to the provisions of section 440.21, Florida Statutes (1987). Because the workers’

the Barragan decision, i.e., that pursuant to section 440.21, Florida Statutes, an employer is prohibited

coverage. 272 So.2d at 133. Although Fla.Stat.Ann. § 440.21 invalidates any agreement by an employee to pay

...erms are used in Chapter 440. The order appealed in this case is likewise not properly entered by a deputy commissioner under Chapter 120. Section 120.565 provides for declaratory statements by way of agency opinion and final agency action; however, § 440.021 establishes that deputy commissioners are exempt from Chapter 120 and shall not be considered an agency or a part thereof....

...Article I, Section 21, Florida Constitution (1968). See also Baxter's Asphalt, etc. v. Liberty County, 406 So.2d 461 (Fla. 1st DCA 1981). I think it necessary to look, then, to the Administrative Procedure Act (Chapter 120) as a means of resolving the question of jurisdiction. Section 440.021, Florida Statutes (1979), does not expressly exclude determinations made under Section 440.205 from Chapter 120 proceedings. Section 440.021 provides: Workers' compensation adjudications by deputy commissioners and the Industrial Relations Commission are exempt from chapter 120, and neither the deputy commissioners nor the Industrial Relations Commission shall be considered an agency or a part thereof....

...n of agency, applies only to "adjudication of workers' compensation claims, ... ." I therefore conclude that a proceeding brought by an employee wrongfully discharged is not one that is barred under Chapter 120 by the proscriptive language of either Section 440.021 or 120.52(1)(c)....

...remedy provided by statute; any combination of the foregoing; or, in the absence of any other specific statutory authority, a fine not to exceed $1,000. To summarize, in my judgment a claimant is not precluded by the exclusionary language of either Section 440.021 or 120.52(1)(c) from requesting an administrative declaratory statement on the question of whether he or she was wrongfully discharged....

...(Underlined language added; crossed-out language deleted.) These provisions are also incorporated in the 1989 and 1991 versions of section 440.13. [2] The Division moreover has had exclusive jurisdiction to conduct such 120.57 proceedings since 1977, in that Section 440.021, Florida Statutes, expressly exempts workers' compensation adjudications entered by judges of compensation claims from the provisions of chapter 120....

right to workers' compensation", invalid under Section 440.21(2), Florida Statutes. This question was specifically

...First, chapter 120 offers factfinding and other resources to a district court of appeal, for review of constitutional as well as nonconstitutional issues in the interpretation of statutes, which simply are unavailable in chapter 440 appeals to this Court. Section 440.021, Florida Statutes (1981), exempts proceedings on workers' compensation claims from chapter 120....

deny claim of lien based upon a violation of section 440.21, Florida Statutes (1981).[1] It further determined

We rejected the ordinance as contravening section 440.21, Florida Statutes (1987), which prohibits the

the City of Miami ordinance as contravening section 440.21, Florida Statutes (1987), the state law which

procedures used in this case did not violate Section 440.21, Florida Statutes (1979). We hold that Florida

claims to recover offsets taken in violation of section 440.21, regardless of whether the offsets are stated

workmen's compensation law in contravention of Section 440.21(2), Florida Statutes, which provides: "(2)

...On that same date, the Department forwarded to Summit a penalty assessment order requiring payment of a fifty dollar fine. Summit responded to the letter by requesting the Department to reconsider its penalty order. The Department advised Summit that it was referring the matter to a judge of compensation claims pursuant to section 440.021, Florida Statutes (1989)....

section 440.15(12). [2] Claimant has not invoked section 440.21, Florida Statutes (1991), which confers broad

BENTON, J., dissenting. On the authority of section 440.21, Florida Statutes (1993), as construed in Barragan

COMPENSATION, PERMIT THE DEPUTY'S APPLICATION OF SECTION 440.21, FLORIDA STATUTES, TO AWARD COMPENSATION BENEFITS

group plan, such a result being contrary to Section 440.21 which makes invalid any contribution by an

preempted by the workers' compensation law and that section 440.21, Florida *546 Statutes, which provides that

exceed AWW. Nevertheless, we are cognizant of section 440.21(1), Florida Statutes (1993), which prohibits

to use for the 1989-1990 employment year. Section 440.21(2), Florida Statutes (1987) On appeal, claimant

that a judge of compensation claims may apply section 440.21, Florida Statutes, to award an increase in

under chapter 440 is declared invalid by statute. § 440.21, Fla. Stat. (1983). Similarly it *227 would be

payments in the offset calculation. [2] See also section 440.21(1), Florida Statutes (Supp.1994), which prohibits

Industrial Commission, 235 So.2d 289 (Fla. 1970), or section 440.21, Florida Statutes (1985), from reducing a claimant's

...It also fails to take into account the "[Administrative Procedure] Act's impressive arsenal of varied and abundant remedies for administrative error." State ex rel. Department of Gen. Servs. v. Willis, 344 So.2d 580, 590 (Fla. 1st DCA 1977). Unlike judges of compensation claims, § 120.80(10)(b), Fla. Stat. (Supp.1996) and § 440.021, Fla....

440, Florida Statutes requires consideration of § 440.21 Florida Statutes[1] and is within the jurisdiction

reasoned that a contrary holding would violate § 440.21, Florida Statutes, which provides that: No agreement

...than administrative appeals. A workers’ compensation proceeding before a JCC is not analogous with that of an administrative law judge (ALJ). Chapter 440 specifically dictates that the APA does not apply to workers’ compensation proceedings. See § 440.021, Fla....

...It does not instruct this Court to treat JCC appeals as judicial review of executive agency action. The rationale that the OJCC is nominally organized under the executive branch and so the full range of appellate dispositions is somehow unavailable or inapplicable is contrary to sections 440.021 and 120.80....

addition to the foregoing, the claimant points to Section 440.21(2), Florida Statutes, F.S.A., which provides

compensation under this chapter shall be valid. Section 440.21(2), Florida Statutes. No assignment, release

CBA there was contrary to the provisions of section 440.21, Florida Statutes, which invalidates any agreement

compensation benefits. Relevant to this issue is section 440.21, Florida Statutes which states: (1) Any agreement

and wage loss claims in this manner. While section 440.21(2) invalidates any agreement in which an employee

workers’ compensation otherwise invalid under section 440.21(2), Florida Statutes. However, in 1989, in

We begin our discussion by observing that Section 440.21, Florida Statutes, precludes any offset for

...red binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. 2 Section 440.11 (1), Fla. Stat. (1995). 3 Section 440.015 , Fla. Stat. (1995). 4 Section 440.44 , Fla. Stat. (1995). 5 Section 440.021 , Fla....

Jewel Tea Co., in which the court held that section 440.21, Florida Statutes, prevented a private employer

of Trustees to calculate a set-off violated section 440.21(2), Florida Statutes. The circuit court disagreed

Jewel Tea Co., in which the court held that section 440.21, Florida Statutes, prevented a private employer

and the “practice of practical nursing,” and § 440.021(8) defines the prohibited “nursing service” as

Lombardi, the JCC was instructed to consider section 440.21(1), Florida Statutes (1993),3 and the claimant’s

...osing a $200 workers’ compensation-related administrative penalty. The School Board argues, among other things, that DFS lacked jurisdiction to impose the penalty without first referring its case to a judge of compensation claims (JCC) pursuant to section 440.021 of the Florida Statutes....

...See also § 440.525, Fla. Stat. (allowing audits of claims handling entities). The parties disagree, however, on the applicable process when penalties are disputed. According to the School Board, DFS lacked jurisdiction to issue the Final Order in this case because § 440.021 requires matters involving disputed penalties to be referred to the JCC....

...Pinellas County Power Co., 87 Fla. 315 , 100 So. 509, 510 (1924)). 3 In this case, we conclude that the two applicable statutes can be read together to make available both a DFS audit report-focused review process as contemplated in § 440.525(3) (an APA-based process) and a § 440.021 review process before the JCC for resolving narrower disputes involving only the amount of the penalty or interest assessment, given the ultimate results of the audit report or the APA-based review of same....

...in an audit report, whereas this subsection wholly omits any reference to penalties per se, or avenues by which a carrier or claims handling entity can challenge penalty amounts ultimately assessed by DFS. Conversely, § 440.525, subsection Jp, and § 440.021, when read together, provide for a different review process related to penalty assessments....

...Different from the audit report merits phase prescribed by § 440.525(3) (an APA-based process), penalty phase review before a JCC narrowly concerns the issue of whether DFS’s “penalty or interest” assessment calculation comports with legal requirements. See §§ 440.525(4), 440.021, Fla....

...violations found to exist through the APA-based review, referral to the JCC was not required. (Whereas if the $200 penalty assessment was itself disputed, arguably miscalculated, etc., then referral to the JCC would have been called for pursuant to § 440.021.) III. For the foregoing reasons, we conclude that DFS had subject matter jurisdiction to enter the final order. The final order is AFFIRMED. CLARK and MAKAR, JJ., concur. . Section 440.021 states in relevant part: In all instances in which the department institutes action to collect a penalty or interest which may be due pursuant to this chapter, the penalty or interest shall be assessed without hearing, and the party a...

compensation claims has jurisdiction pursuant to section 440.21, Florida Statutes, to consider an award of

on account of pension benefits runs afoul of section 440.21, Florida Statutes (1993).’ Thus, once it is

with the obligations set forth in such sections." § 440.21(a), Fla. Stat. (2007).

proscriptive treatment of settlements contained in section 440.21(2), Florida Statutes (“[a]n agreement by an