Florida Statute 440.191 | Lawyer Caselaw & Research

The 2024 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

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 Citing Statute 440.191

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2018-04-20

Citation: 246 So. 3d 466

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

Ocean Reef Club, Inc. v. Wilczewski

Court: District Court of Appeal of Florida | Date Filed: 2012-03-21

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

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

ST. AUGUSTINE MARINE CANVAS v. Lunsford

Court: District Court of Appeal of Florida | Date Filed: 2005-12-19

Citation: 917 So. 2d 280, 2005 WL 3454016

Snippet: using *287 the procedures set forth in sections 440.191 and 440.192); Clairson Int'l, 718 So.2d at 214

Zabik v. PALM BEACH COUNTY SCHOOL DIST.

Court: District Court of Appeal of Florida | Date Filed: 2005-03-29

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

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

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Supreme Court of Florida | Date Filed: 2002-09-19

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

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

Foster v. E G & G Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-09-04

Citation: 795 So. 2d 151, 2001 Fla. App. LEXIS 12427, 2001 WL 1001244

Snippet: (1997), contemplates compliance with sections 440.191 (requiring that a request for assistance be filed

Smurfit-Stone Container Corp. v. Taylor

Court: District Court of Appeal of Florida | Date Filed: 2001-06-01

Citation: 786 So. 2d 1207, 2001 Fla. App. LEXIS 7575, 2001 WL 584343

Snippet: (1997), contemplates compliance with sections 440.191 (requiring that a request for assistance be filed

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-12

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

Snippet: the request-for-assistance process in section 440.191(2)(a), Florida Statutes, and the docketing judge’s

Smith v. Burke Painting

Court: District Court of Appeal of Florida | Date Filed: 2000-01-31

Citation: 765 So. 2d 727, 2000 WL 97483

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

Vilches v. City of Dunedin

Court: District Court of Appeal of Florida | Date Filed: 1999-07-15

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

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

ITT Hartford v. Cleary

Court: District Court of Appeal of Florida | Date Filed: 1999-06-09

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

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

Allen v. Tyrone Square 6 AMC Theaters

Court: District Court of Appeal of Florida | Date Filed: 1999-02-02

Citation: 731 So. 2d 699, 1999 WL 41098

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

Ruskin Packaging, Inc. v. Nadal

Court: District Court of Appeal of Florida | Date Filed: 1999-01-22

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

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

Commercial Carrier Corp. v. LaPointe

Court: District Court of Appeal of Florida | Date Filed: 1999-01-13

Citation: 723 So. 2d 912, 1999 WL 9702

Snippet: at 334). Permanent Wage-Loss Benefits Sections 440.191 and 440.192, Florida Statutes (1995), contemplate

Integrated Health Services v. Hyde

Court: District Court of Appeal of Florida | Date Filed: 1998-12-17

Citation: 721 So. 2d 1217, 1998 WL 874836

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

Running W. Citrus Ltd. Partnership v. Raggs

Court: District Court of Appeal of Florida | Date Filed: 1998-08-31

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

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

Clairson Intern. v. Rose

Court: District Court of Appeal of Florida | Date Filed: 1998-07-29

Citation: 718 So. 2d 210, 1998 WL 422445

Snippet: followed the procedures set forth in sections 440.191 and 440.192, if necessary. Id. at 897. The narrow

FCCI Mutual Insurance v. Schnupp

Court: District Court of Appeal of Florida | Date Filed: 1997-07-11

Citation: 697 So. 2d 1234, 1997 Fla. App. LEXIS 7857

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

LAKELAND REGIONAL MED. CENTER v. Murphy

Court: District Court of Appeal of Florida | Date Filed: 1997-06-23

Citation: 695 So. 2d 895

Snippet: followed the procedures set forth in sections 440.191 and 440.192, if necessary. *898 Accordingly, because

Garcia v. New Indus. Techniques

Court: District Court of Appeal of Florida | Date Filed: 1996-08-15

Citation: 678 So. 2d 467, 1996 WL 465097

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