440.191
Employee Assistance and Ombudsman Office.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 23
cases, 1995–2018 · leading case: Ocean Reef Club, Inc. v. Wilczewski
Ocean Reef Club, Inc. v. Wilczewski (2012)
“See § 440.191, Fla. Stat. (1993); ch. 2003-412, § 21, Laws of Fla.”
In re Amendments to the Florida Rules of Workers' Compensation Procedure (1996)
“(i) “EAO” means the Employee Assistance and Ombudsman Office created by section 440.191, Florida Statutes. (j) “Facsimile” means the electronic transmission of documents by electronic signal that, when received, can be transformed by electronic means and stored on paper,…”
Amendments to the Florida Rules of Workers' Compensation Procedure (2002)
“45(3),■ -Florida Statutes (if) “EAO” means the Employee Assistance and Ombudsman Office created by section 440.191, Florida Statutes. (j-g) “Facsimile” means the electronic transmission of documents by electronic signal that, when received, can be transformed by electronic means…”
Baptist Manor Nursing Home v. Madison (1995)
“The E/C argue on appeal that the JCC erred (1) in holding that the procedural provisions of section 440.191, Florida Statutes (Supp. 1994), did not preclude claimant's entitlement to an attorney's fee pursuant to section 440.”
Karell v. Miami Airport Hilton/Miami Hilton Corp. (1996)
“We find that the JCC has no jurisdiction to compel the claimant to attend an IME during the informal dispute resolution process provided for by section 440.191, Florida Statutes (1994 Supp.”
Allen v. Tyrone Square 6 AMC Theaters (1999)
“Indeed, an "employee may not file a petition requesting any benefit under [the Workers' Compensation Law] unless the employee has exhausted the procedures for informal dispute resolution under [section 440.191, Florida Statutes (1997)].”
Amendments to the Florida Rules of Workers' Compensation Procedure (2000)
“It is certified that: The subject matter of this petition was presented to the EAO created under section 440.191, Florida Statutes, in a good-faith effort to resolve the disagreements between the parties.”
Sanchez v. Acapulco Plasters & Stucco (1996)
“Sanchez also filed a “Petition for Benefits” using the procedures set forth in the newly enacted section 440.191, Florida Statutes (Supp.1994), and section 440.”
Wright v. Industrial Automotive (1995)
“On September 29, 1994, with the assistance of counsel, the claimant filed a Request for Assistance as now required under section 440.191, Florida Statutes (1994 Supp.”
Dayco Products v. Rue (1996)
“§ 440.191(2)(a), Fla. Stat. (Supp.1994). In order to initiate the informal dispute resolution procedures, the employee must request the assistance of the Employee Assistance and Ombudsman Office of the Division of Workers' Compensation.”
Kimmins Corp. v. Collier (1995)
“Claimant sustained a compensable accident on March 31, 1994, and filed a request for assistance with the Employee Assistance and Ombudsman Office (EAOO) as provided for in section 440.191, Florida Statutes (Supp. 1994).”
Sabal Transport v. Brooks (1996)
“In the motion, the E/C asserted that Brooks had not filed a request for assistance and had not *1033 exhausted the procedures for informal dispute resolution as provided in section 440.191, Florida Statutes (Supp. 1994), regarding the AWW and medical claims.”
— 440.191(1)(a) — 2 cases
Allen v. Tyrone Square 6 AMC Theaters (1999)
“Indeed, an "employee may not file a petition requesting any benefit under [the Workers' Compensation Law] unless the employee has exhausted the procedures for informal dispute resolution under [section 440.191, Florida Statutes (1997)].”
Sabal Transport v. Brooks (1996)
“In the motion, the E/C asserted that Brooks had not filed a request for assistance and had not *1033 exhausted the procedures for informal dispute resolution as provided in section 440.191, Florida Statutes (Supp. 1994), regarding the AWW and medical claims.”
— 440.191(2) — 4 cases
Ocean Reef Club, Inc. v. Wilczewski (2012)
“See § 440.191, Fla. Stat. (1993); ch. 2003-412, § 21, Laws of Fla.”
Amendments to the Florida Rules of Workers' Compensation Procedure (2002)
“45(3),■ -Florida Statutes (if) “EAO” means the Employee Assistance and Ombudsman Office created by section 440.191, Florida Statutes. (j-g) “Facsimile” means the electronic transmission of documents by electronic signal that, when received, can be transformed by electronic means…”
Amendments to the Florida Rules of Workers' Compensation Procedure (2000)
“It is certified that: The subject matter of this petition was presented to the EAO created under section 440.191, Florida Statutes, in a good-faith effort to resolve the disagreements between the parties.”
— 440.191(2)(a) — 11 cases
Ocean Reef Club, Inc. v. Wilczewski (2012)
“See § 440.191, Fla. Stat. (1993); ch. 2003-412, § 21, Laws of Fla.”
Allen v. Tyrone Square 6 AMC Theaters (1999)
“Indeed, an "employee may not file a petition requesting any benefit under [the Workers' Compensation Law] unless the employee has exhausted the procedures for informal dispute resolution under [section 440.191, Florida Statutes (1997)].”
Dayco Products v. Rue (1996)
“§ 440.191(2)(a), Fla. Stat. (Supp.1994). In order to initiate the informal dispute resolution procedures, the employee must request the assistance of the Employee Assistance and Ombudsman Office of the Division of Workers' Compensation.”
In re Amendments to the Florida Rules of Workers' Compensation Procedure (1996)
“(i) “EAO” means the Employee Assistance and Ombudsman Office created by section 440.191, Florida Statutes. (j) “Facsimile” means the electronic transmission of documents by electronic signal that, when received, can be transformed by electronic means and stored on paper,…”
Amendments to the Florida Rules of Workers' Compensation Procedure (2002)
“45(3),■ -Florida Statutes (if) “EAO” means the Employee Assistance and Ombudsman Office created by section 440.191, Florida Statutes. (j-g) “Facsimile” means the electronic transmission of documents by electronic signal that, when received, can be transformed by electronic means…”
— 440.191(2)(c) — 2 cases
Amendments to the Florida Rules of Workers' Compensation Procedure (2000)
“It is certified that: The subject matter of this petition was presented to the EAO created under section 440.191, Florida Statutes, in a good-faith effort to resolve the disagreements between the parties.”
In re Amendments to the Florida Rules of Workers' Compensation Procedure (1996)
“(i) “EAO” means the Employee Assistance and Ombudsman Office created by section 440.191, Florida Statutes. (j) “Facsimile” means the electronic transmission of documents by electronic signal that, when received, can be transformed by electronic means and stored on paper,…”
— 440.191(2)(d) — 5 cases
Dayco Products v. Rue (1996)
“§ 440.191(2)(a), Fla. Stat. (Supp.1994). In order to initiate the informal dispute resolution procedures, the employee must request the assistance of the Employee Assistance and Ombudsman Office of the Division of Workers' Compensation.”
Sanchez v. Acapulco Plasters & Stucco (1996)
“Sanchez also filed a “Petition for Benefits” using the procedures set forth in the newly enacted section 440.191, Florida Statutes (Supp.1994), and section 440.”
Smith v. Burke Painting (2000)
— 440.191(l)(a) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.