The 2023 Florida Statutes (including Special Session C)

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.

F.S. 440.191 on Google Scholar

F.S. 440.191 on Casetext

Amendments to 440.191

Arrestable Offenses / Crimes under Fla. Stat. 440.191

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.191.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE DEPARTMENT OF FINANCIAL SERVICES, v. DANAHY MURRAY, P. A. PLLC,, 246 So. 3d 466 (Fla. App. Ct. 2018)

. . . Section 624.23 also exempts information regulated by section 440.191, Florida Statutes (2016), which . . .

OCEAN REEF CLUB, INC. a v. WILCZEWSKI, 99 So. 3d 1 (Fla. Dist. Ct. App. 2012)

. . . See § 440.191, Fla. Stat. (1993); ch. 2003-412, § 21, Laws of Fla. . . . See § 440.191(2), Fla. Stat. (2006). . . . instructed by law to contact if they believe they are entitled to benefits that have not been provided: § 440.191 . . .

ST. AUGUSTINE MARINE CANVAS UPHOLSTERY, INC. v. LUNSFORD,, 917 So. 2d 280 (Fla. Dist. Ct. App. 2005)

. . . attorney scheduled an appointment with the doctor instead of using the procedures set forth in sections 440.191 . . .

ZABIK, v. PALM BEACH COUNTY SCHOOL DISTRICT F. A., 901 So. 2d 887 (Fla. Dist. Ct. App. 2005)

. . . Prior to the July 1, 2002 amendments and pursuant to section 440.191(2)(d) (1994), employers and carriers . . . Section 440.191(2)(a), Florida Statutes (1999), contained a pre-petition process that was in place on . . . The express language of former section 440.191(2)(a) described this pre-petition process as procedural . . . Thus, because the amendments to section 440.191(2)(a) and section 440.191(2)(d) were effective prior . . . Section 440.191(2)(a) provides: An employee may not file a petition requesting any benefit under this . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 829 So. 2d 791 (Fla. 2002)

. . . -Florida Statutes (if) “EAO” means the Employee Assistance and Ombudsman Office created by section 440.191 . . . (sk) “Informal dispute resolution” means the procedure established by section 440.191, Florida Statutes . . . assistance” means the initiation of the informal dispute resolution procedure established by section 440.191 . . . under section 440.192, Florida Statutes, that bypass the request-for-assistance process in section 440.191 . . . one of the following has occurred: (A) The informal dispute resolution process required by section 440.191 . . .

FOSTER, v. E G G FLORIDA, INC., 795 So. 2d 151 (Fla. Dist. Ct. App. 2001)

. . . concurring) (“As written, section 440.25, Florida Statutes (1997), contemplates compliance with sections 440.191 . . .

SMURFIT- STONE CONTAINER CORP. RSKCO, v. TAYLOR,, 786 So. 2d 1207 (Fla. Dist. Ct. App. 2001)

. . . As written, section 440.25, Florida Statutes (1997), contemplates compliance with sections 440.191 (requiring . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 795 So. 2d 863 (Fla. 2000)

. . . under section 440.192, Florida Statutes, that bypass the request-for-assistance process in section 440.191 . . . ; or (3) in the case of a settlement agreement resulting from a conference pursuant founder section 440.191 . . . alternative involves cases in which an agreement has been reached during an EAO conference held under section 440.191 . . . order. ( ) Petitioner has failed to exhaust the procedures for informal dispute resolution under F.S. 440.191 . . . certified that: The subject matter of this petition was presented to the EAO created under section 440.191 . . .

SMITH, v. BURKE PAINTING FTBA, 765 So. 2d 727 (Fla. Dist. Ct. App. 2000)

. . . On April 29, 1997, he filed a request for assistance pursuant to section 440.191, Florida Statutes (1995 . . . Hyde, 721 at 1218, the claimant filed a request for assistance pursuant to section 440.191, seeking permanent . . . request for assistance procedure is part of the informal dispute resolution process, and that section 440.191 . . .

VILCHES, v. CITY OF DUNEDIN, 738 So. 2d 990 (Fla. Dist. Ct. App. 1999)

. . . and Employment Security, on October 25, 1996, a “Request for Assistance” which complied with section 440.191 . . . benefits until after he had first exhausted the informal dispute resolution process outlined in section 440.191 . . . See § 440.191(2)(a), Fla. Stat. . . .

ITT HARTFORD, a v. A. CLEARY,, 737 So. 2d 567 (Fla. Dist. Ct. App. 1999)

. . . order compelling a claimant to submit to an independent medical examination (IME) pursuant to section 440.191 . . .

ALLEN, v. TYRONE SQUARE AMC THEATERS, 731 So. 2d 699 (Fla. Dist. Ct. App. 1999)

. . . Law] unless the employee has exhausted the procedures for informal dispute resolution under [section 440.191 . . . , Florida Statutes (1997)].” § 440.191(2)(a), Fla. . . . Allen duly pursued his remedies under sections 440.191 and 440.192, Florida Statutes (1997), seeking . . . While there exists a statutory duty "to attempt to resolve disagreements in good faith,” § 440.191(l) . . . substantial part of the (here at least 30-day) informal dispute resolution periods required by section 440.191 . . .

RUSKIN PACKAGING, INC. FCCI v. NADAL,, 725 So. 2d 422 (Fla. Dist. Ct. App. 1999)

. . . Claims (hereinafter JCC) waiving the 30-day informal dispute resolution period mandated by section 440.191 . . . a Request for Assistance with the Employee Assistance and Ombudsman Office, as required by section 440.191 . . . Section 440.191(2)(a), Florida Statutes (1993), clearly states that an employee may not file a petition . . .

COMMERCIAL CARRIER CORP. v. LaPOINTE,, 723 So. 2d 912 (Fla. Dist. Ct. App. 1999)

. . . Permanent Wage-Loss Benefits Sections 440.191 and 440.192, Florida Statutes (1995), contemplate that . . .

INTEGRATED HEALTH SERVICES v. HYDE,, 721 So. 2d 1217 (Fla. Dist. Ct. App. 1998)

. . . Claimant filed a request for assistance pursuant to section 440.191, Florida Statutes, seeking permanent . . . Florida Statute section 440.191(2)(d) exempts employers or carriers from liability for attorney’s fees . . .

RUNNING W. CITRUS LIMITED PARTNERSHIP CNA v. J. RAGGS,, 716 So. 2d 839 (Fla. Dist. Ct. App. 1998)

. . . .” § 440.191(l)(a), Fla. Stat. (Supp.1994). . . .

CLAIRSON INTERNATIONAL v. ROSE,, 718 So. 2d 210 (Fla. Dist. Ct. App. 1998)

. . . The claimant should have followed the procedures set forth in sections 440.191 and 440.192, if necessary . . .

FCCI MUTUAL INSURANCE COMPANY v. L. SCHNUPP,, 697 So. 2d 1234 (Fla. Dist. Ct. App. 1997)

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

LAKELAND REGIONAL MEDICAL CENTER v. J. MURPHY,, 695 So. 2d 895 (Fla. Dist. Ct. App. 1997)

. . . The claimant should have followed the procedures set forth in sections 440.191 and 440.192, if necessary . . .

GARCIA, v. NEW INDUSTRIAL TECHNIQUES, 678 So. 2d 467 (Fla. Dist. Ct. App. 1996)

. . . 1994, for failure to exhaust the procedures for informal dispute resolution, as required by section 440.191 . . .

DAYCO PRODUCTS v. L. RUE,, 676 So. 2d 58 (Fla. Dist. Ct. App. 1996)

. . . . § 440.191(2)(a), Fla. Stat. (Supp.1994). . . . The office then has thirty (30) days to assist the employee in resolving the dispute. § 440.191(2)(d) . . .

In AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 674 So. 2d 631 (Fla. 1996)

. . . (i) “EAO” means the Employee Assistance and Ombudsman Office created by section 440.191, Florida Statutes . . . assistance” means the initiation of the informal dispute resolution procedure established by section 440.191 . . . under section 440.192, Florida Statutes, that bypass the request-for-assistance process in section 440.191 . . . one of the following has occurred: (A) The informal dispute resolution process required by section 440.191 . . . record; or (3) in the case of a settlement agreement resulting from a conference pursuant to section 440.191 . . .

R. SANCHEZ, v. ACAPULCO PLASTERS STUCCO, 668 So. 2d 298 (Fla. Dist. Ct. App. 1996)

. . . Sanchez also filed a “Petition for Benefits” using the procedures set forth in the newly enacted section 440.191 . . . not be filed until an employee has exhausted procedures for informal dispute resolution under section 440.191 . . . not be filed until a claimant has exhausted the informal dispute resolution procedures under section 440.191 . . . These pretrial procedures may extend for 30 days or more, section 440.191(2)(d), Florida Statutes (Supp . . .

KARELL, v. MIAMI AIRPORT HILTON MIAMI HILTON CORPORATION,, 668 So. 2d 227 (Fla. Dist. Ct. App. 1996)

. . . the claimant to attend an IME during the informal dispute resolution process provided for by section 440.191 . . . We have read and carefully considered the provisions of section 440.191, which creates the “Employee . . . There is no language in section 440.191 that either permits or requires the JCC to order an IME during . . . This court has recently declined the invitation to read into section 440.191 authority on the part of . . . We similarly decline in the case before us to, in effect, rewrite section 440.191 in the manner urged . . .

SABAL TRANSPORT v. D. BROOKS,, 666 So. 2d 1032 (Fla. Dist. Ct. App. 1996)

. . . assistance and had not exhausted the procedures for informal dispute resolution as provided in section 440.191 . . . Section 440.191(l)(a), Florida Statutes (Supp.1994), provides: “In order to effect the self-executing . . .

KIMMINS CORPORATION v. COLLIER,, 664 So. 2d 299 (Fla. Dist. Ct. App. 1995)

. . . for assistance with the Employee Assistance and Ombudsman Office (EAOO) as provided for in section 440.191 . . . sought authorization of an IME physician through the statutory ombudsman procedures set forth in section 440.191 . . . The e/e assert that an IME is a medical service and section 440.191(2)(a) prohibits a claimant from filing . . . Nor is there any explicit language in section 440.191 which would make it applicable to section 440.25 . . .

WRIGHT, v. INDUSTRIAL AUTOMOTIVE F. A. W. A., 662 So. 2d 1321 (Fla. Dist. Ct. App. 1995)

. . . the assistance of counsel, the claimant filed a Request for Assistance as now required under section 440.191 . . . until the claimant has first exhausted the procedures of informal dispute resolution under section 440.191 . . . 440.192, Florida Statutes (1994 Supp.) and not the filing of a Request for Assistance under section 440.191 . . .

BAPTIST MANOR NURSING HOME v. MADISON,, 658 So. 2d 1228 (Fla. Dist. Ct. App. 1995)

. . . The E/C argue on appeal that the JCC erred (1) in holding that the procedural provisions of section 440.191 . . . the claimant’s claim for benefits based upon noncompliance with the procedural provisions of section 440.191 . . . requested assistance from the Employee Assistance and Ombudsman Office (“EAOO”) pursuant to section 440.191 . . . The claimant in the present case complied with the procedure set forth in section 440.191, Florida Statutes . . .

PLOUFFE, v. LAKE COUNTY SHERIFF S OFFICE, 653 So. 2d 507 (Fla. Dist. Ct. App. 1995)

. . . in good faith mediation with the Employee Assistance and Ombudsman Office (EAO) pursuant to section 440.191 . . . Section 440.191 authorizes the EAO to compel parties to attend conferences, and precludes a claimant . . .