Florida Statute 440.191 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.191

440.191 Employee Assistance and Ombudsman Office.—

(1)(a) In order to effect the self-executing features of the Workers’ Compensation Law, this chapter shall be construed to permit injured employees and employers or the employer’s carrier to resolve disagreements without undue expense, costly litigation, or delay in the provisions of benefits. It is the duty of all who participate in the workers’ compensation system, including, but not limited to, carriers, service providers, health care providers, attorneys, employers, managed care arrangements, and employees, to attempt to resolve disagreements in good faith and to cooperate with the department’s efforts to resolve disagreements between the parties. The department may by rule prescribe definitions that are necessary for the effective administration of this section.

(b) An Employee Assistance and Ombudsman Office is created within the department to inform and assist injured workers, employers, carriers, health care providers, and managed care arrangements in fulfilling their responsibilities under this chapter. The department may by rule specify forms and procedures for administering this section.

(c) The Employee Assistance and Ombudsman Office shall be a resource available to all employees who participate in the workers’ compensation system and shall take all steps necessary to educate and disseminate information to employees and employers. Upon receiving a notice of injury or death, the Employee Assistance and Ombudsman Office may initiate contact with the injured employee or employee’s representative to discuss rights and responsibilities of the employee under this chapter and the services available through the Employee Assistance and Ombudsman Office.

(2)(a) If at any time the employer or its carrier fails to provide benefits to which the employee believes she or he is entitled, the employee shall contact the office to request assistance in resolving the dispute. The office may review a petition for benefits filed under s. 440.192 and may attempt to facilitate an agreement between the employee and the employer or carrier. The employee, the employer, and the carrier shall cooperate with the office and shall timely provide the office with any documents or other information that it may require in connection with its efforts under this section.

(b) The office may compel parties to attend conferences in person or by telephone in an attempt to resolve disputes quickly and in the most efficient manner possible. Settlement agreements resulting from such conferences must be submitted to the Office of the Judges of Compensation Claims for approval.

(c) The Employee Assistance and Ombudsman Office may assign an ombudsman to assist the employee in resolving the dispute. The ombudsman may, at the employee’s request, assist the employee in drafting a petition for benefits and explain the procedures for filing petitions. The Employee Assistance and Ombudsman Office may not represent employees before the judges of compensation claims. An employer or carrier may not pay any attorneys’ fees on behalf of the employee for services rendered or costs incurred in connection with this section, unless expressly authorized elsewhere in this chapter.

History.—s. 24, ch. 93-415; s. 114, ch. 97-103; s. 5, ch. 98-125; s. 94, ch. 2000-153; s. 30, ch. 2002-194; s. 11, ch. 2002-236.

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Amendments to 440.191

Annotations, Discussions, Cases:

Cases Citing Statute 440.191

Total Results: 23

Integrated Health Services v. Hyde

721 So. 2d 1217, 1998 WL 874836

District Court of Appeal of Florida | Filed: Dec 17, 1998 | Docket: 1323552

Cited 3 times | Published

filed a request for assistance pursuant to section 440.191, Florida Statutes, seeking permanent and total

Karell v. Miami Airport Hilton/Miami Hilton Corp.

668 So. 2d 227, 1996 Fla. App. LEXIS 547, 1996 WL 34057

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 1686942

Cited 3 times | Published

dispute resolution process provided for by section 440.191, Florida Statutes (1994 Supp.). We therefore

Sabal Transport v. Brooks

666 So. 2d 1032, 1996 WL 27880

District Court of Appeal of Florida | Filed: Jan 26, 1996 | Docket: 452665

Cited 3 times | Published

informal dispute resolution as provided in section 440.191, Florida Statutes (Supp. 1994), regarding the

Kimmins Corp. v. Collier

664 So. 2d 299, 1995 WL 704259

District Court of Appeal of Florida | Filed: Dec 1, 1995 | Docket: 1230320

Cited 3 times | Published

Ombudsman Office (EAOO) as provided for in section 440.191, Florida Statutes (Supp. 1994). The claimant

Baptist Manor Nursing Home v. Madison

658 So. 2d 1228, 1995 WL 488146

District Court of Appeal of Florida | Filed: Aug 17, 1995 | Docket: 439401

Cited 3 times | Published

holding that the procedural provisions of section 440.191, Florida Statutes (Supp. 1994), did not preclude

Ocean Reef Club, Inc. v. Wilczewski

99 So. 3d 1, 2012 Fla. App. LEXIS 4352, 2012 WL 934028

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60312871

Cited 2 times | Published

in obtaining benefits due under the Law. See § 440.191, Fla. Stat. (1993); ch. 2003-412, § 21, Laws of

Zabik v. PALM BEACH COUNTY SCHOOL DIST.

901 So. 2d 887, 2005 Fla. App. LEXIS 4290, 2005 WL 701091

District Court of Appeal of Florida | Filed: Mar 29, 2005 | Docket: 1666201

Cited 2 times | Published

the informal dispute resolution provision of section 440.191(2)(d), Florida Statutes (1999), they had thirty

Smith v. Burke Painting

765 So. 2d 727, 2000 WL 97483

District Court of Appeal of Florida | Filed: Jan 31, 2000 | Docket: 428760

Cited 2 times | Published

filed a request for assistance pursuant to section 440.191, Florida Statutes (1995), seeking an increase

Garcia v. New Indus. Techniques

678 So. 2d 467, 1996 WL 465097

District Court of Appeal of Florida | Filed: Aug 15, 1996 | Docket: 1736952

Cited 2 times | Published

informal dispute resolution, as required by section 440.191(2)(a), Florida Statutes, and for failure to

Plouffe v. Lake County Sheriff's Office

653 So. 2d 507, 1995 WL 234666

District Court of Appeal of Florida | Filed: Apr 24, 1995 | Docket: 2538276

Cited 2 times | Published

Assistance and Ombudsman Office (EAO) pursuant to section 440.191, Florida Statutes (Supp. 1994). We affirm the

Allen v. Tyrone Square 6 AMC Theaters

731 So. 2d 699, 1999 WL 41098

District Court of Appeal of Florida | Filed: Feb 2, 1999 | Docket: 1733722

Cited 1 times | Published

dispute resolution under [section 440.191, Florida Statutes (1997)]." § 440.191(2)(a), Fla. Stat. (1997)

State of Florida, Dept. of Financial Ser. v. Danahy & Murray, P.A., and Bennett Dennison, PLLC

246 So. 3d 466

District Court of Appeal of Florida | Filed: Apr 20, 2018 | Docket: 6368551

Published

624.23 also exempts information regulated by section 440.191, Florida Statutes (2016), which is not relevant

Amendments to the Florida Rules of Workers' Compensation Procedure

829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818760

Published

Assistance and Ombudsman Office created by section 440.191, Florida Statutes. (j-g) “Facsimile” means

Amendments to the Florida Rules of Workers' Compensation Procedure

795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988

Published

bypass the request-for-assistance process in section 440.191(2)(a), Florida Statutes, and the docketing

Vilches v. City of Dunedin

738 So. 2d 990, 1999 Fla. App. LEXIS 9517, 1999 WL 496150

District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 64789950

Published

“Request for Assistance” which complied with section 440.191, Florida Statutes (Supp.1994). The “Request

ITT Hartford v. Cleary

737 So. 2d 567, 1999 Fla. App. LEXIS 7558, 1999 WL 371355

District Court of Appeal of Florida | Filed: Jun 9, 1999 | Docket: 64789438

Published

independent medical examination (IME) pursuant to section 440.191, Florida Statutes (Supp.1994). The court in

Ruskin Packaging, Inc. v. Nadal

725 So. 2d 422, 1999 Fla. App. LEXIS 467, 1999 WL 22448

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 64785935

Published

informal dispute resolution period mandated by section 440.191(2)(a), Florida Statutes (1993). We reverse

Running W. Citrus Ltd. Partnership v. Raggs

716 So. 2d 839, 1998 Fla. App. LEXIS 11036, 1998 WL 546089

District Court of Appeal of Florida | Filed: Aug 31, 1998 | Docket: 64782472

Published

litigation, or delay in the provisions of benefits.” § 440.191(l)(a), Fla. Stat. (Supp.1994). The judge of compensation

FCCI Mutual Insurance v. Schnupp

697 So. 2d 1234, 1997 Fla. App. LEXIS 7857, 1997 WL 386113

District Court of Appeal of Florida | Filed: Jul 11, 1997 | Docket: 64775364

Published

substantive rights. Just as the provisions of section 440.191, Florida Statutes (Supp.1994), requiring requests

Dayco Products v. Rue

676 So. 2d 58, 1996 WL 378320

District Court of Appeal of Florida | Filed: Jul 9, 1996 | Docket: 1318008

Published

preclaim procedures for informal dispute resolution. § 440.191(2)(a), Fla. Stat. (Supp.1994). In order to initiate

In re Amendments to the Florida Rules of Workers' Compensation Procedure

674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

Assistance and Ombudsman Office created by section 440.191, Florida Statutes. (j) “Facsimile” means the

Sanchez v. Acapulco Plasters & Stucco

668 So. 2d 298, 1996 Fla. App. LEXIS 1477, 1996 WL 71124

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762462

Published

procedures set forth in the newly enacted section 440.191, Florida Statutes (Supp.1994), and section

Wright v. Industrial Automotive

662 So. 2d 1321, 1995 Fla. App. LEXIS 11581, 1995 WL 642666

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64760198

Published

Request for Assistance as now required under section 440.191, Florida Statutes (1994 Supp.). On October