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Florida Statute 440.192 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.192
440.192 Procedure for resolving benefit disputes.
(1) Any employee may, for any benefit that is ripe, due, and owing, file with the Office of the Judges of Compensation Claims a petition for benefits which meets the requirements of this section and the definition of specificity in s. 440.02. An employee represented by an attorney shall file by electronic means approved by the Deputy Chief Judge. An employee not represented by an attorney may file by certified mail or by electronic means approved by the Deputy Chief Judge. The department shall inform employees of the location of the Office of the Judges of Compensation Claims and the office’s website address for purposes of filing a petition for benefits. The employee shall also serve copies of the petition for benefits by certified mail, or by electronic means approved by the Deputy Chief Judge, upon the employer and the employer’s carrier. The Deputy Chief Judge shall refer the petitions to the judges of compensation claims.
(2) Upon receipt, the Office of the Judges of Compensation Claims shall review each petition and shall dismiss each petition or any portion of such a petition that does not on its face specifically identify or itemize the following:
(a) Name, address, telephone number, and social security number of the employee.
(b) Name, address, and telephone number of the employer.
(c) A detailed description of the injury and cause of the injury, including the location of the occurrence and the date or dates of the accident.
(d) A detailed description of the employee’s job, work responsibilities, and work the employee was performing when the injury occurred.
(e) The time period for which compensation and the specific classification of compensation were not timely provided.
(f) Date of maximum medical improvement, character of disability, and specific statement of all benefits or compensation that the employee is seeking.
(g) All specific travel costs to which the employee believes she or he is entitled, including dates of travel and purpose of travel, means of transportation, and mileage and including the date the request for mileage was filed with the carrier and a copy of the request filed with the carrier.
(h) Specific listing of all medical charges alleged unpaid, including the name and address of the medical provider, the amounts due, and the specific dates of treatment.
(i) The type or nature of treatment care or attendance sought and the justification for such treatment. If the employee is under the care of a physician for an injury identified under paragraph (c), a copy of the physician’s request, authorization, or recommendation for treatment, care, or attendance must accompany the petition.
(j) Specific explanation of any other disputed issue that a judge of compensation claims will be called to rule upon.

The dismissal of any petition or portion of such a petition under this section is without prejudice and does not require a hearing.

(3) A petition for benefits may contain a claim for past benefits and continuing benefits in any benefit category, but is limited to those in default and ripe, due, and owing on the date the petition is filed. If the employer has elected to satisfy its obligation to provide medical treatment, care, and attendance through a managed care arrangement designated under this chapter, the employee must exhaust all managed care grievance procedures before filing a petition for benefits under this section.
(4) The petition must include a certification by the claimant or, if the claimant is represented by counsel, the claimant’s attorney, stating that the claimant, or attorney if the claimant is represented by counsel, has made a good faith effort to resolve the dispute and that the claimant or attorney was unable to resolve the dispute with the carrier.
(5) All motions to dismiss must state with particularity the basis for the motion. The judge of compensation claims shall enter an order upon such motions without hearing, unless good cause for hearing is shown. When any petition or portion of a petition is dismissed for lack of specificity under this subsection, the claimant must be allowed 20 days after the date of the order of dismissal in which to file an amended petition. Any grounds for dismissal for lack of specificity under this section which are not asserted within 30 days after receipt of the petition for benefits are thereby waived.
(6) If the claimant is not represented by counsel, the Office of the Judges of Compensation Claims may request the Employee Assistance and Ombudsman Office to assist the claimant in filing a petition that meets the requirements of this section.
(7) Notwithstanding the provisions of s. 440.34, a judge of compensation claims may not award attorney’s fees payable by the carrier for services expended or costs incurred prior to the filing of a petition that does not meet the requirements of this section.
(8) Within 14 days after receipt of a petition for benefits by certified mail or by approved electronic means, the carrier must either pay the requested benefits without prejudice to its right to deny within 120 days from receipt of the petition or file a response to petition with the Office of the Judges of Compensation Claims. The response shall be filed by electronic means approved by the Deputy Chief Judge. The carrier must list all benefits requested but not paid and explain its justification for nonpayment in the response to petition. A carrier that does not deny compensability in accordance with s. 440.20(4) is deemed to have accepted the employee’s injuries as compensable, unless it can establish material facts relevant to the issue of compensability that could not have been discovered through reasonable investigation within the 120-day period. The carrier shall provide copies of the response to the filing party, employer, and claimant by certified mail or by electronic means approved by the Deputy Chief Judge.
(9) A petition for benefits must contain claims for all benefits that are ripe, due, and owing on the date the petition is filed. Unless stipulated in writing by the parties, only claims which have been properly raised in a petition for benefits and have undergone mediation may be considered for adjudication by a judge of compensation claims.
History.s. 25, ch. 93-415; s. 115, ch. 97-103; s. 16, ch. 2001-91; s. 31, ch. 2002-194; s. 22, ch. 2003-412; s. 3, ch. 2011-208.

F.S. 440.192 on Google Scholar

F.S. 440.192 on Casetext

Amendments to 440.192


Arrestable Offenses / Crimes under Fla. Stat. 440.192
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.192.



Annotations, Discussions, Cases:

Cases from cite.case.law:

RENTE, v. ORANGE COUNTY BOCC, 263 So. 3d 294 (Fla. App. Ct. 2019)

. . . days after the initial provision of compensation or benefits as required under subsection (2) or s. 440.192 . . . Upon commencement of payment as required under subsection (2) or s. 440.192(8), the carrier shall provide . . . the initial provision of benefits or payment of compensation as required under subsection (2) or s. 440.192 . . .

O. MOISE, v. DISNEY POP CENTURY RESORT, Co., 244 So. 3d 403 (Fla. App. Ct. 2018)

. . . The date of filing of a PFB, which meets the specificity requirements of section 440.192, Florida Statutes . . .

MATHIS, v. BROWARD COUNTY SCHOOL BOARD, 224 So. 3d 852 (Fla. Dist. Ct. App. 2017)

. . . days after the initial provision of compensation or benefits as required under subsection (2) or s. 440.192 . . . Upon commencement of payment as required under subsection (2) or s. 440.192(8), the carrier shall provide . . . the initial provision of benefits or payment of compensation as required under subsection (2) or s. 440.192 . . .

JENNINGS, v. HABANA HEALTH CARE CENTER, 183 So. 3d 1131 (Fla. Dist. Ct. App. 2015)

. . . not a prevailing party because the employer or its carrier provided benefits “timely” under sections 440.192 . . . Section 440.192(8) provides that, within fourteen days of the receipt of a petition for benefits, the . . . from entitlement to attorney’s fees, Whether benefits are timely furnished, either under subsection 440.192 . . . As required by statute, see section 440.192(4), Florida, Statutes (2014), her petition for benefits included . . .

BABAHMETOVIC, v. SCAN DESIGN FLORIDA INC., 176 So. 3d 1006 (Fla. Dist. Ct. App. 2015)

. . . and investigate rule” requires: Upon commencement of payment as required under subsection (2) or s. 440.192 . . . accordance with s. 4,4,0.20(4,) is deemed to have accepted the employee’s injuries as compensable-” § 440.192 . . .

O. SIERRA, v. METROPOLITAN PROTECTIVE SERVICES, 188 So. 3d 863 (Fla. Dist. Ct. App. 2015)

. . . Snyder, 765 So.2d 752, 764 (Fla. 1st DCA 2000); see also § 440.192(8), Fla. . . .

CUENCA, v. NOVA SOUTHEASTERN UNIVERSITY, 160 So. 3d 941 (Fla. Dist. Ct. App. 2015)

. . . See § 440.192(8), Fla. Stat. (2013) (requiring carrier to respond within fourteen days). . . .

PANZER LAW, P. A. v. PALM BEACH COUNTY SCHOOL DISTRICT A, 150 So. 3d 823 (Fla. Dist. Ct. App. 2014)

. . . based on the failure of the relevant petition for benefits (PFB) to meet the requirements of section 440.192 . . . Because the JCC erred by failing to give full effect to all of the provisions of section 440.192, we . . . Stat., while section 440.192, Florida Statutes (2006 and 2008), provided in part: (1) Any employee may . . . Our conclusion in this regard is buttressed by the Legislature’s adding to section 440.192 the language . . . for Resolving Benefit Disputes” from section 440.19 to section 440.192. . . .

PICON, v. GALLAGHER BASSETT SERVICES, INC. a, 548 F. App'x 561 (11th Cir. 2013)

. . . . § 440.192(8). . . . Stat. § 440.192 (“Any employee may, for any benefit that is ripe, due, and owing, file with the Office . . .

AUDIO VISUAL INNOVATIONS, INC. v. G. SPIESSBACH,, 119 So. 3d 522 (Fla. Dist. Ct. App. 2013)

. . . See § 440.192. . . . . § 440.192(1). . . .

BLACK, v. TOMOKA STATE PARK, 106 So. 3d 973 (Fla. Dist. Ct. App. 2013)

. . . In both cases, the claimants had filed a prior PFB, compliant with section 440.192, Florida Statutes, . . .

MIRANDA, v. BRIDGE,, 112 So. 3d 500 (Fla. Dist. Ct. App. 2012)

. . . hold hearing(s), and adjudicate claims, is predicated on filing of petition for benefits under section 440.192 . . .

SHANNON, v. CHENEY BROTHERS INC., 98 So. 3d 1228 (Fla. Dist. Ct. App. 2012)

. . . deposition set by an employer or carrier when no petition for benefits has been filed under section 440.192 . . . See § 440.192(3), Fla. Stat. . . . .”); see also 440.192(3), Fla. Stat. (2010) (same). . . . document that if timely filed would toll the statute of limitations — has been filed under section 440.192 . . . is used in section 440.30; the motion was not filed in accordance with the requirements of section 440.192 . . .

WILLIAMS, v. STATE DEPARTMENT OF CORRECTIONS DIVISION OF RISK MANAGEMENT,, 97 So. 3d 923 (Fla. Dist. Ct. App. 2012)

. . . Montes, 736 So.2d 768, 769 (Fla. 1st DCA 1999); see also § 440.192(8), Fla. Stat. (2008). . . .

PALM BEACH COUNTY SCHOOL DISTRICT F. A. v. BLAKE- WATSON,, 91 So. 3d 176 (Fla. Dist. Ct. App. 2012)

. . . not made a good faith effort to resolve the dispute before filing the PFB, as is required by section 440.192 . . . fee motion, asserting no fees were due on the July PFB because that PFB did not comply with section 440.192 . . . On appeal, the E/C makes two arguments: that fees based on the July PFB are precluded by section 440.192 . . . On cross-appeal, Claimant presents three arguments: that the July PFB complied with section 440.192(4 . . . The JCC erred in dismissing the July PFB, both because section 440.192 does not independently give the . . .

MIAMI- DADE COUNTY SCHOOL BOARD v. RUSS,, 88 So. 3d 1038 (Fla. Dist. Ct. App. 2012)

. . . This reading of Certain fits with the requirement in section 440.192(8), Florida Statutes, that an E/ . . . E/C’s failure to respond to the petition for benefits within fourteen days, as required by section 440.192 . . .

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

. . . Section 440.192 of the Florida Statutes gives the right to file a petition for benefits solely to the . . . See § 440.192, Fla. Stat. (2006). . . .

FLORIDA DEPARTMENT OF TRANSPORTATION v. K. RIPPY,, 67 So. 3d 1122 (Fla. Dist. Ct. App. 2011)

. . . benefits as “a pleading invoking the jurisdiction of the OJCC and subject to the requirements of Sections 440.192 . . . Section 440.192 establishes the requirements for the filing of a petition for benefits, specifically . . .

HDV CONSTRUCTION SYSTEMS, INC. v. E. ARAGON,, 66 So. 3d 331 (Fla. Dist. Ct. App. 2011)

. . . Indeed, section 440.192(3), Florida Statutes (2007), contemplates such an award: “A petition for benefits . . .

BRONSON S INC v. MANN,, 70 So. 3d 637 (Fla. Dist. Ct. App. 2011)

. . . Section 440.192, Florida Statutes (2009), provides in pertinent part: (1) Any employee may, for any benefit . . .

PADILLA, v. COLLINS CONTRACTING,, 22 So. 3d 124 (Fla. Dist. Ct. App. 2009)

. . . judge erred by dismissing his original petition for benefits for reasons not enumerated in section 440.192 . . . Claimant correctly argues section 440.192(2)(a)-(j), Florida Statutes, does not require the signing of . . . 60Q-6.105(1) (providing that a claimant commences a new case by filing a petition pursuant to section 440.192 . . . Section 440.192(1) is silent as to whether rules 60Q-6.103(l)(d) and 60Q-6.105(4) must be complied with . . . Section 440.192(2), Florida Statutes (2006), provides: the [OJCC] shall review each petition and shall . . .

FARNAM, v. U. S. SUGAR CORPORATION, 9 So. 3d 41 (Fla. Dist. Ct. App. 2009)

. . . Section 440.192(9), Florida Statutes, allows only claims that have been listed in a petition for benefits . . .

M. D. TRANSPORT v. PASCHEN,, 996 So. 2d 902 (Fla. Dist. Ct. App. 2008)

. . . The remaining two grounds challenge the JCC’s determination that sections 440.25(4)(d) and 440.192(9) . . . The challenge to section 440.192(9), Florida Statutes, was not ruled on by the JCC and is not necessary . . .

COCA- COLA ENTERPRISES, INC. v. J. MONTIEL N, 985 So. 2d 19 (Fla. Dist. Ct. App. 2008)

. . . See § 440.192. . . . See § 440.192. . . .

CTL DISTRIBUTION, INC. v. WOOD,, 979 So. 2d 402 (Fla. Dist. Ct. App. 2008)

. . . CTL and its servicing agent neither denied the claim nor elected to “pay and investigate”: Section 440.192 . . .

AVALON CENTER v. HARDAWAY,, 967 So. 2d 268 (Fla. Dist. Ct. App. 2007)

. . . In this case, the JCC relied on section 440.192(2)(h), Florida Statutes, as support for its position . . . the name and address of the medical provider, the amounts due, and the specific dates of treatment. § 440.192 . . . We agree with the E/C that section 440.192(2)(h) does not expressly grant the JCC jurisdiction, but rather . . .

REMINGTON, v. CITY OF OCALA UNITED SELF INSURED,, 940 So. 2d 1207 (Fla. Dist. Ct. App. 2006)

. . . (codified at § 440.192(2)(g), Fla. Stat. (Supp.1994)). . . . since Bair was decided, the Legislature has left the pertinent language in sections 440.13(2)(a) and 440.192 . . .

E. MIMS, v. CONFEDERATED STAFFING,, 940 So. 2d 518 (Fla. Dist. Ct. App. 2006)

. . . We decided that under such circumstances, the provisions of section 440.192(8), Florida Statutes (2000 . . .

OFFICE DEPOT v. ORTEGA,, 931 So. 2d 1051 (Fla. Dist. Ct. App. 2006)

. . . in finding the E/C timely filed its notice of denial within the statutory period provided in section 440.192 . . . notice of denial within 14 days after its receipt of the petition for benefits, as required by section 440.192 . . .

R. MACK, v. WESTMINSTER SUNCOAST MANOR, C. L., 929 So. 2d 610 (Fla. Dist. Ct. App. 2006)

. . . Although an aggrieved employee is precluded by section 440.192(3), Florida Statutes (2003), from filing . . .

RICE, v. REEDY CREEK IMPROVEMENT DISTRICT, 924 So. 2d 882 (Fla. Dist. Ct. App. 2006)

. . . provides that "[a] party commences a new case by filing a petition for benefits pursuant to Section 440.192 . . .

CHECKERS RESTAURANT v. WIETHOFF,, 925 So. 2d 348 (Fla. Dist. Ct. App. 2006)

. . . As the earlier en banc opinion in Wuell-ing explained, section 440.192(8), Florida Statutes, must be . . . Wuelling established that the recitation as to such a waiver in section 440.192(8) is merely a reiteration . . . implicit denial of the petition for certain other purposes, an E/C’s failure to respond to a section 440.192 . . . Similarly, a section 440.192(8) notice of denial which challenges entitlement to a claimed benefit but . . . The JCC properly determined that the E/C’s failure to respond to the section 440.192 petition requesting . . .

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

. . . scheduled an appointment with the doctor instead of using the procedures set forth in sections 440.191 and 440.192 . . .

BEGLEY S CLEANING SERVICE v. COSTA,, 913 So. 2d 1244 (Fla. Dist. Ct. App. 2005)

. . . days after the initial provision of compensation or benefits as required under subsection (2) or s. 440.192 . . . Upon commencement of payment as required under subsection (2) or s. 440.192(8), the carrier shall provide . . . the initial provision of benefits or payment of compensation as required under subsection (2) or s. 440.192 . . . benefits to be paid by the carrier under subsection (2) or pursuant to a petition for benefits under s. 440.192 . . .

FLORIDA DIVISION OF WORKERS COMPENSATION, v. CAGNOLI,, 914 So. 2d 950 (Fla. 2005)

. . . workers’ compensation benefits for failing to include a social security number as required by section 440.192 . . . The exception provided in section 7(a)(2)(B) of the Privacy Act would not apply to section 440.192, Florida . . . Statutes, requiring injured workers to list their social security number, because section 440.192 was . . .

NASH, v. AMR CORP., 913 So. 2d 699 (Fla. Dist. Ct. App. 2005)

. . . Section 440.192(1), Florida Statutes (2000), calls for the service “by certified mail” of a petition . . .

SOLSAA, v. WERNER ENTERPRISES, INC., 937 So. 2d 681 (Fla. Dist. Ct. App. 2005)

. . . a simple question of fact: Did the carrier ever pay compensation under section 440.20(2) or section 440.192 . . . the initial provision of benefits or payment of compensation as required, under subsection (2) or s. 440.192 . . . the express statutory requirement that payment must be made pursuant to section 440.20(2) or section 440.192 . . . For better or worse, section 440.192(8) and section 440.20(4), both contemplate that in some cases, benefits . . .

McBRIDE, v. PRATT WHITNEY USA,, 909 So. 2d 386 (Fla. Dist. Ct. App. 2005)

. . . period set forth in this section unless the petition meets the specificity requirements set forth in s. 440.192 . . . dismissed his two previous petitions (which, he argues, met the specificity requirements of section 440.192 . . . statute, to the effect that filing a petition meeting the specificity requirements set forth in section 440.192 . . . merely states that a petition must be filed in compliance with the specificity requirements of section 440.192 . . .

AGUILERA, v. INSERVICES, INC., 905 So. 2d 84 (Fla. 2005)

. . . And section 440.192, Florida Statutes (2000), provides a procedure for resolving any benefit disputes . . . Further, section 440.192, Florida Statutes (2000), provides a procedure for resolving any benefit disputes . . . for mediation and hearings that are available after a petition for benefits is filed under section 440.192 . . .

CAGNOLI, v. TANDEM STAFFING, 888 So. 2d 79 (Fla. Dist. Ct. App. 2004)

. . . workers’ compensation benefits for failing to include a social security number as required by section 440.192 . . . The exception provided in section 7(a)(2)(B) of the Privacy Act would not apply to section 440.192, Florida . . . Statutes, requiring injured workers to list their social security number, because section 440.192 was . . .

MORRIS, v. DOLLAR TREE STORE, 869 So. 2d 704 (Fla. Dist. Ct. App. 2004)

. . . within the fee assessed the lawyer’s pre-petition time, concluding that the plain language of section 440.192 . . . Section 440.192(7) states: Notwithstanding the provisions of s. 440.34, a judge of compensation claims . . . relating to the factors to be considered in awarding claimant’s attorney fees, and those in section 440.192 . . . Section 440.192(2) clearly states that a petition shall be dismissed if it fails to comply with its filing . . . We therefore reverse the JCC’s construction of section 440.192(7) as barring all attorney time expended . . .

BUSSEY, v. WAL- MART STORE, 867 So. 2d 542 (Fla. Dist. Ct. App. 2004)

. . . asked to decide whether failure of an employer/carrier (E/C) to respond within 134 days to a section 440.192 . . . Resolution of the issue requires a review of this court’s previous decisions construing section 440.192 . . . Section 440.192 outlines the procedure for resolving benefit disputes. . . . . § 440.192(1), Fla. Stat. (2002). . . . We analyzed the interrelationship between section 440.192(8) and section 440:20(4). . . . The clearly expressed language of sections 440.192(8) and 440.20(4), Florida Statutes (2001), when considered . . .

WHEELED COACH INDUSTRIES, INC. v. ANNULIS,, 852 So. 2d 430 (Fla. Dist. Ct. App. 2003)

. . . Acceptance of payments did not constitute a petition for benefits, as defined in section 440.192, Florida . . .

BEGYN, v. STATE BUSINESS AND PROFESSIONAL REGULATIONS, 849 So. 2d 336 (Fla. Dist. Ct. App. 2003)

. . . See § 440.192(3), Fla. . . .

W. STERLING, v. SEMINOLE COUNTY SCHOOL BOARD USIS,, 847 So. 2d 1004 (Fla. Dist. Ct. App. 2003)

. . . appellant had not exhausted the grievance procedures before filing the petition, as required by section 440.192 . . . petitions seeking remedial, as opposed to palliative, care for the purpose of complying with section 440.192 . . .

INSERVICES, INC. f k a USA a v. AGUILERA,, 837 So. 2d 464 (Fla. Dist. Ct. App. 2002)

. . . Further, section 440.192, Florida Statutes (2000), provides a procedure for resolving any benefit disputes . . .

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

. . . A petition shall meet the specificity requirements of sections 440.192(2) and (3), Florida Statutes, . . . If the issues raised in the petition do not meet the requirements of sections 440.192(2)-(4), Florida . . . If the petition does not meet the requirements — of- sections — 440.192(2)-(4), Florida Statute»;- and . . . The docketing judge’s ruling on specificity under section 440.192, Florida Statutes, or on the issue . . . Subject to the time limitations of section 440.192(5), Florida Statutes, a motion to dismiss for lack . . .

C. CLEMENTS, v. WALT DISNEY WORLD COMPANY, 819 So. 2d 1014 (Fla. Dist. Ct. App. 2002)

. . . encompass applications for surgery, unless included within a petition for benefits, as provided by section 440.192 . . . As applied to the facts before us, the provisions of section 440.192(8) are controlling. . . . 2000, clearly complied with the 120-day provisions of section 440.20(4), as incorporated in section 440.192 . . .

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

. . . 440.191 (requiring that a request for assistance be filed before a petition for benefits is filed) and 440.192 . . .

DENESTAN, v. MIAMI- DADE COUNTY,, 789 So. 2d 515 (Fla. Dist. Ct. App. 2001)

. . . appellee-employer’s [hereafter E/C] failure to file a notice of denial within 14 days, as required by section 440.192 . . . There this court explained that under section 440.192, Florida Statutes, an E/C must, within 14 days, . . .

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

. . . 440.191 (requiring that a request for assistance be filed before a petition for benefits is filed) and 440.192 . . . does the motion for emergency medical conference meet the pleading requirements laid down by section 440.192 . . . The employer also argues that an award of fees is precluded by section 440.192(7), Florida Statutes ( . . . But, as written, section 440.192(7), Florida Statutes (1997), does not bar the award of attorney’s fees . . . Section 440.25 begins: "Within 21 days after a petition for benefits is filed under s. 440.192.” . . . Emergency Conference, pursuant to section 440.25(4)(h), satisfied any pleading requirements under section 440.192 . . .

FRANKLIN, v. NORTHWEST AIRLINES, 778 So. 2d 418 (Fla. Dist. Ct. App. 2001)

. . . . § 440.192(8), Fla. Stat. (1995). . . .

CASTRO, v. AT T WIRELESS SERVICES, INC., 780 So. 2d 917 (Fla. Dist. Ct. App. 2000)

. . . . § 440.192(3). “A JCC has no jurisdiction beyond what is specifically conferred by statute.” . . .

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

. . . This rule defines the types of claims not included in a petition for benefits filed under section 440.192 . . . If a petition filed in accordance with section 440.192, Florida Statutes, involves a claim or petition . . . In accordance with section 440.192(1-) — Florida Statutes, a copy of. . . . Managed care grievance procedures, if required, have been exhausted under Section 440.192(3), Florida . . . In accordance with Section 440.192(1), Florida Statutes, a copy of this petition for benefits has been . . .

BYNUM TRANSPORT, INC. v. SNYDER,, 765 So. 2d 752 (Fla. Dist. Ct. App. 2000)

. . . response to a petition for benefits operates as a denial of every allegation therein under section 440.192 . . .

EASTERN INDUSTRIES, INC. v. BURNHAM,, 750 So. 2d 748 (Fla. Dist. Ct. App. 2000)

. . . file a notice of denial within 14 days of the filing of the petition for benefits, pursuant to section 440.192 . . .

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

. . . Claimant’s attorney, therefore, filed a “Petition for Benefits,” in accordance with section 440.192, . . .

McDONALD S RESTAURANT s v. MONTES,, 736 So. 2d 768 (Fla. Dist. Ct. App. 1999)

. . . Under section 440.192(8), Florida Statutes (1995), a carrier that fails to respond to a claimant’s petition . . .

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

. . . and thus it has been unnecessary for Robin Cleary to file a petition for benefits pursuant to section 440.192 . . . jurisdiction is confined to proceedings after a petition for benefits has been filed pursuant to section 440.192 . . . jurisdiction upon the JCC to order an IME prior to the filing of a petition for benefits under section 440.192 . . . Nowhere does the court confine the JCC’s jurisdiction to section 440.192. . . .

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

. . . However, § 440.192(8) provides that a carrier, within fourteen days after receipt of a Petition for Benefits . . . Allen duly pursued his remedies under sections 440.191 and 440.192, Florida Statutes (1997), seeking . . .

VOLUSIA COUNTY FIRE SERVICES v. EABY,, 725 So. 2d 415 (Fla. Dist. Ct. App. 1999)

. . . attorney’s fees to the claimant, Alan Eaby, appellee, on the authority of sections 440.34(3)(b) and 440.192 . . . Claimant moved for an award of attorney’s fees pursuant to sections 440.34(3)(b) and 440.192(8). . . . November 13, 1996, and, having denied a claim, the employer/carrier was therefore obligated under section 440.192 . . . No authority has been cited to support fees here, and we do not read section 440.192(8), Florida Statutes . . .

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)

. . . See § 440.192(8), Fla. Stat. (Supp.1994). . . . See § 440.192(8), Fla. Stat. Therefore, the claim was never controverted. REVERSED. . . .

LAKESIDE BAPTIST CHURCH v. JONES,, 714 So. 2d 1188 (Fla. Dist. Ct. App. 1998)

. . . Section 440.192(2), Florida Statutes (Supp.1994), states in material part that a petition for workers . . . See § 440.192(8) 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 . . .

KENNEDY, v. ORLANDO SHADER REALTY, 711 So. 2d 156 (Fla. Dist. Ct. App. 1998)

. . . claimant argues that the JCC erred (i) in dismissing her petition for benefits pursuant to section 440.192 . . . accepted claimant as permanently and totally disabled all within the 14-day period provided by section 440.192 . . . for benefits because the petition clearly failed to comply with the filing requirements of section 440.192 . . . Sections 440.192(2) and (4) set forth basic information which the petition must identify or contain oh . . . The cases on which claimant relies interpreted statutory provisions unlike section 440.192 before us . . .

SORIANO, v. GOLD COAST AERIAL LIFT, INC., 705 So. 2d 636 (Fla. Dist. Ct. App. 1998)

. . . concluded that claimant’s petition for benefits seeking authorization for such was not ripe under section 440.192 . . .

POUTRE, v. BEE GEE SHRIMP, S, 704 So. 2d 145 (Fla. Dist. Ct. App. 1997)

. . . The third amended petition complied fully with the requirements of section 440.192(2), Florida Statutes . . .

ALACHUA COUNTY BOARD OF COUNTY COMMISSIONERS v. STARLING,, 699 So. 2d 310 (Fla. Dist. Ct. App. 1997)

. . . and taxable costs, because the employer/servicing agent did not comply with the provisions of section 440.192 . . .

WIGGINS, v. B L SERVICES, INC., 701 So. 2d 570 (Fla. Dist. Ct. App. 1997)

. . . the grievance procedures required by 440.134(15) were exhausted before the petition was filed under 440.192 . . .

RUSSELL CORPORATION GAB v. A. BROOKS,, 698 So. 2d 1334 (Fla. Dist. Ct. App. 1997)

. . . Hutchinson, 673 So.2d 883 (Fla. 1st DCA), review denied, 683 So.2d 486 (Fla.1996), we interpreted section 440.192 . . . I must admit that this construction of section 440.192(8) was not apparent to me when I concurred with . . . that necessary to its decision when it indicated that the “deemed-compensable” provisions of sections 440.192 . . . I considered that the deemer language in sections 440.192(8) and 440.20(4), when construed in pari materia . . . The explicitly stated legislative goals leading to the creation of sections 440.192(8) and 440.20(4), . . . denial with the division in response to a petition for benefits sent by certified mail violated section 440.192 . . .

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 . . .

NORTH RIVER INSURANCE COMPANY, c o M. F. v. WUELLING,, 683 So. 2d 1090 (Fla. Dist. Ct. App. 1996)

. . . petition for benefits was not barred by the statute of limitations, based on application of section 440.192 . . . In the challenged order, the judge of compensation claims found that section 440.192(8) is procedural . . . The JCC ruled that in the instant case, the “procedural default” aspects of section 440.192(8) “act to . . . Disposition of this case turns on the construction of the third sentence in section 440.192(8), which . . . We find that the third sentence of section 440.192(8) does not apply in this case. . . .

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

. . . 440.191(2)(a), Florida Statutes, and for failure to comply with the pleading requirements of section 440.192 . . .

MAYS, v. PACKERS, 677 So. 2d 992 (Fla. Dist. Ct. App. 1996)

. . . relating to the information required in a claim, were substantially revised by the creation of section 440.192 . . .

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

. . . file a petition which must on its face specifically identify or itemize the matters set out in section 440.192 . . . a petition for benefits in which to assume its defensive position or pay the requested benefits. § 440.192 . . .

SPENCE, v. TRADER PUBLISHING COMPANY, 675 So. 2d 974 (Fla. Dist. Ct. App. 1996)

. . . Spence now argues that under section 440.192(8), Florida Statutes (Supp.1994), compensability of her . . . The JCC ruled that although section 440.192(8) is procedural, appellant was not prejudiced by the employer . . . Hutchinson, 673 So.2d 883 (Fla. 1st DCA 1996), we considered and rejected an argument that section 440.192 . . . compensation ‘is deemed to have accepted the employee’s injuries as compensable’ ” under subsection 440.192 . . . and REMAND with directions that Brenda Spence’s claim be deemed compensable by operation of section 440.192 . . .

REGENCY KAWASAKI SEA DOO, INC. FESA, v. H. SHEPPARD,, 674 So. 2d 849 (Fla. Dist. Ct. App. 1996)

. . . As the JCC properly concluded that section 440.192(8), Florida Statutes (Supp.1994), is procedural and . . . The JCC struck the defense as untimely, pursuant to section 440.192(8), which requires the E/C to either . . . Section 440.192 took effect on January 1, 1994. Ch. 93-415, §§ 25 & 112, at 137 & 215, Laws of Fla. . . . In so concluding, we observed that section 440.192(8) “merely alters the process by which the judge of . . . Section 440.192(8) provides: Within 14 days after receipt of a petition for benefits by certified mail . . .

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

. . . to exhaust all managed care grievance procedures before filing a petition for benefits under section 440.192 . . . A petition shall meet the specificity requirements of sections 440.192(2) and (3), Florida Statutes, . . . If the issues raised in the petition do not meet the requirements of sections 440.192(2)-(4), Florida . . . The docketing judge’s ruling on specificity under section 440.192, Florida Statutes, or on the issue . . . Subject to the time limitations of section 440.192(5), Florida Statutes, a motion to dismiss for lack . . .

WAFFLE HOUSE O v. HUTCHINSON,, 673 So. 2d 883 (Fla. Dist. Ct. App. 1996)

. . . judge of compensation claims ruling Lecia Hutchinson’s claim compensable by operation of subsection 440.192 . . . Waffle House argues that subsection 440.192(8) is a substantive enactment and the judge therefore erred . . . Subsection 440.192(8) provides as follows: (8) Within 14 days after receipt of a petition for benefits . . . Subsection 440.192(8) does not impact the substantive rights of the parties or alter their statutory . . . Waffle House failed to show that it complied with the provisions of subsection 440.192(8) and therefore . . . Now faced with the task of directly construing the inartfully drawn section 440.192(8), Florida Statutes . . .

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

. . . procedures set forth in the newly enacted section 440.191, Florida Statutes (Supp.1994), and section 440.192 . . . To hold otherwise would effectively shorten the statute because a section 440.192 petition may not be . . .

DIESTEL, v. WINFREY PLUMBING, INC., 668 So. 2d 283 (Fla. Dist. Ct. App. 1996)

. . . because he failed to exhaust the Employer’s managed care grievance procedure as required by section 440.192 . . . Diestel supports his petition for writ of certiorari on his contention that section 440.192(3) is unconstitutional . . . Section 440.192(3) provides in part that “[i]f the employer has elected to satisfy its obligation to . . . Diestel had not exhausted the grievance procedure prior to filing his petition as mandated by section 440.192 . . . Diestel “to satisfy the managed care grievance procedures and follow the guidelines set forth in Section 440.192 . . .

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

. . . jurisdiction upon the JCC to order an IME prior to the filing of a petition for benefits under section 440.192 . . .

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

. . . Furthermore, section 440.192(2), Florida Statutes (Supp.1994), contemplates the review of every petition . . .

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

. . . authorization of an IME physician through the statutory ombudsman procedures set forth in section 440.191 and 440.192 . . .

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

. . . On November 28,1994, the claimant filed a Petition for Benefits pursuant to section 440.192, Florida . . . section 440.19, Florida Statutes and the post-1994 amendment “Petition for Benefits” under section 440.192 . . . Statutes (1993) should properly be construed as the filing of a Petition for Benefits under section 440.192 . . .

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

. . . noncompliance with the procedural provisions of section 440.191, Florida Statutes (Supp.1994), and section 440.192 . . . claimant’s petition, without prejudice, based upon failure to meet the specificity requirements of section 440.192 . . . certificate indicating that a good faith effort had been made to resolve the dispute as required by section 440.192 . . .

CITY OF CRESTVIEW Co. v. D. HOWARD,, 657 So. 2d 73 (Fla. Dist. Ct. App. 1995)

. . . Judge of Compensation Claims (JCC) finding that claimant’s attorney is entitled to a fee under section 440.192 . . . Rather, the JCC should look to section 440.192(8), Florida Statutes (Supp.1994): Within 14 days after . . . The legislature also enacted section 440.192(8), set out above, requiring payment of benefits within . . . the issue of compensability that could not have been discovered in the reasonable investigation-” § 440.192 . . . The JCC erred by finding section 440.192(8), Florida Statutes (Supp.1994), controlling as to attorney . . .

BURDICK, v. BOB S SPACE RACERS, 659 So. 2d 351 (Fla. Dist. Ct. App. 1995)

. . . The Appellant filed a petition for benefits pursuant to section 440.192(1), Florida Statutes (Supp.1994 . . . Lazzara dismissed without prejudice the petition for failure to comply with section 440.192(2)(b), (d . . . Following a hearing, Judge Hoch found that the petition complied with sections 440.192(2)(b) and (d) . . . but failed to comply with section 440.192(2)(i). . . . Section 440.192(2)(i), Florida Statutes (Supp. 1994) (emphasis supplied). . . .

ALCOMA PACKING CO. v. COWAN,, 659 So. 2d 345 (Fla. Dist. Ct. App. 1995)

. . . alternate ground that the e/c failed to move for dismissal within thirty days as required by section 440.192 . . .