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Florida Statute 440.25 | Lawyer Caselaw & Research
F.S. 440.25 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.25
440.25 Procedures for mediation and hearings.
(1) Forty days after a petition for benefits is filed under s. 440.192, the judge of compensation claims shall notify the interested parties by order that a mediation conference concerning such petition has been scheduled unless the parties have notified the judge of compensation claims that a private mediation has been held or is scheduled to be held. A mediation, whether private or public, shall be held within 130 days after the filing of the petition. Such order must give the date the mediation conference is to be held. Such order may be served personally upon the interested parties or may be sent to the interested parties by mail or by electronic means approved by the Deputy Chief Judge. If multiple petitions are pending, or if additional petitions are filed after the scheduling of a mediation, the judge of compensation claims shall consolidate all petitions into one mediation. The claimant or the adjuster of the employer or carrier may, at the mediator’s discretion, attend the mediation conference by telephone or, if agreed to by the parties, other electronic means. A continuance may be granted upon the agreement of the parties or if the requesting party demonstrates to the judge of compensation claims that the reason for requesting the continuance arises from circumstances beyond the party’s control. Any order granting a continuance must set forth the date of the rescheduled mediation conference. A mediation conference may not be used solely for the purpose of mediating attorney’s fees.
(2) Any party who participates in a mediation conference shall not be precluded from requesting a hearing following the mediation conference should both parties not agree to be bound by the results of the mediation conference. A mediation conference is required to be held unless this requirement is waived by the Deputy Chief Judge.
(3) Such mediation conference shall be conducted informally and does not require the use of formal rules of evidence or procedure. Any information from the files, reports, case summaries, mediator’s notes, or other communications or materials, oral or written, relating to a mediation conference under this section obtained by any person performing mediation duties is privileged and confidential and may not be disclosed without the written consent of all parties to the conference. Any research or evaluation effort directed at assessing the mediation program activities or performance must protect the confidentiality of such information. Each party to a mediation conference has a privilege during and after the conference to refuse to disclose and to prevent another from disclosing communications made during the conference whether or not the contested issues are successfully resolved. This subsection and paragraphs (4)(a) and (b) shall not be construed to prevent or inhibit the discovery or admissibility of any information that is otherwise subject to discovery or that is admissible under applicable law or rule of procedure, except that any conduct or statements made during a mediation conference or in negotiations concerning the conference are inadmissible in any proceeding under this chapter.
(a) Unless the parties conduct a private mediation under paragraph (b), mediation shall be conducted by a mediator selected by the Director of the Division of Administrative Hearings from among mediators employed on a full-time basis by the Office of the Judges of Compensation Claims. A mediator must be a member of The Florida Bar for at least 5 years and must complete a mediation training program approved by the Deputy Chief Judge. Adjunct mediators may be employed by the Office of the Judges of Compensation Claims on an as-needed basis and shall be selected from a list prepared by the Director of the Division of Administrative Hearings. An adjunct mediator must be independent of all parties participating in the mediation conference. An adjunct mediator must be a member of The Florida Bar for at least 5 years and must complete a mediation training program approved by the Office of the Judges of Compensation Claims. An adjunct mediator shall have access to the office, equipment, and supplies of the judge of compensation claims in each district.
(b) With respect to any private mediation, if the parties agree or if mediators are not available under paragraph (a), pursuant to notice from the judge of compensation claims, to conduct the required mediation within the period specified in this section, the parties shall hold a mediation conference at the carrier’s expense within the 130-day period set for mediation. The mediation conference shall be conducted by a mediator certified under s. 44.106. If the parties do not agree upon a mediator within 10 days after the date of the order, the claimant shall notify the judge in writing and the judge shall appoint a mediator under this paragraph within 7 days. In the event both parties agree, the results of the mediation conference shall be binding and neither party shall have a right to appeal the results. In the event either party refuses to agree to the results of the mediation conference, the results of the mediation conference as well as the testimony, witnesses, and evidence presented at the conference shall not be admissible at any subsequent proceeding on the claim. The mediator shall not be called in to testify or give deposition to resolve any claim for any hearing before the judge of compensation claims. The employer may be represented by an attorney at the mediation conference if the employee is also represented by an attorney at the mediation conference.
(4)(a) If the parties fail to agree to written submission of pretrial stipulations, the judge of compensation claims shall conduct a live pretrial hearing. The judge of compensation claims shall give the interested parties at least 14 days’ advance notice of the pretrial hearing by mail or by electronic means approved by the Deputy Chief Judge.
(b) The final hearing must be held and concluded within 90 days after the mediation conference is held, allowing the parties sufficient time to complete discovery. Except as set forth in this section, continuances may be granted only if the requesting party demonstrates to the judge of compensation claims that the reason for requesting the continuance arises from circumstances beyond the party’s control. The written consent of the claimant must be obtained before any request from a claimant’s attorney is granted for an additional continuance after the initial continuance has been granted. Any order granting a continuance must set forth the date and time of the rescheduled hearing. A continuance may be granted only if the requesting party demonstrates to the judge of compensation claims that the reason for requesting the continuance arises from circumstances beyond the control of the parties. The judge of compensation claims shall report any grant of two or more continuances to the Deputy Chief Judge.
(c) The judge of compensation claims shall give the interested parties at least 14 days’ advance notice of the final hearing, served upon the interested parties by mail or by electronic means approved by the Deputy Chief Judge.
(d) The final hearing shall be held within 210 days after receipt of the petition for benefits in the county where the injury occurred, if the injury occurred in this state, unless otherwise agreed to between the parties and authorized by the judge of compensation claims in the county where the injury occurred. However, the claimant may waive the timeframes within this section for good cause shown. If the injury occurred outside the state and is one for which compensation is payable under this chapter, then the final hearing may be held in the county of the employer’s residence or place of business, or in any other county of the state that will, in the discretion of the Deputy Chief Judge, be the most convenient for a hearing. The final hearing shall be conducted by a judge of compensation claims, who shall, within 30 days after final hearing or closure of the hearing record, unless otherwise agreed by the parties, enter a final order on the merits of the disputed issues. The judge of compensation claims may enter an abbreviated final order in cases in which compensability is not disputed. Either party may request separate findings of fact and conclusions of law. At the final hearing, the claimant and employer may each present evidence with respect to the claims presented by the petition for benefits and may be represented by any attorney authorized in writing for such purpose. When there is a conflict in the medical evidence submitted at the hearing, the provisions of s. 440.13 shall apply. The report or testimony of the expert medical advisor shall be admitted into evidence in a proceeding and all costs incurred in connection with such examination and testimony may be assessed as costs in the proceeding, subject to the provisions of s. 440.13. No judge of compensation claims may make a finding of a degree of permanent impairment that is greater than the greatest permanent impairment rating given the claimant by any examining or treating physician, except upon stipulation of the parties. Any benefit due but not raised at the final hearing which was ripe, due, or owing at the time of the final hearing is waived.
(e) The order making an award or rejecting the claim, referred to in this chapter as a “compensation order,” shall set forth the findings of ultimate facts and the mandate; and the order need not include any other reason or justification for such mandate. The compensation order shall be filed in the Office of the Judges of Compensation Claims at Tallahassee. A copy of such compensation order shall be sent by mail or by electronic means approved by the Deputy Chief Judge to the attorneys of record and any parties not represented by an attorney at the last known address of each, with the date of mailing noted thereon.
(f) Notwithstanding any other provision of this section, the judge of compensation claims may require the appearance of the parties and counsel before her or him without written notice for an emergency conference where there is a bona fide emergency involving the health, safety, or welfare of an employee. An emergency conference under this section may result in the entry of an order or the rendering of an adjudication by the judge of compensation claims.
(g) To expedite dispute resolution and to enhance the self-executing features of the Workers’ Compensation Law, the Deputy Chief Judge shall make provision by rule or order for the resolution of appropriate motions by judges of compensation claims without oral hearing upon submission of brief written statements in support and opposition, and for expedited discovery and docketing. Unless the judge of compensation claims, for good cause, orders a hearing under paragraph (h), each claim in a petition relating to the determination of the average weekly wage under s. 440.14 shall be resolved under this paragraph without oral hearing.
(h) To further expedite dispute resolution and to enhance the self-executing features of the system, those petitions filed in accordance with s. 440.192 that involve a claim for benefits of $5,000 or less shall, in the absence of compelling evidence to the contrary, be presumed to be appropriate for expedited resolution under this paragraph; and any other claim filed in accordance with s. 440.192, upon the written agreement of both parties and application by either party, may similarly be resolved under this paragraph. A claim in a petition of $5,000 or less for medical benefits only or a petition for reimbursement for mileage for medical purposes shall, in the absence of compelling evidence to the contrary, be resolved through the expedited dispute resolution process provided in this paragraph. For purposes of expedited resolution pursuant to this paragraph, the Deputy Chief Judge shall make provision by rule or order for expedited and limited discovery and expedited docketing in such cases. At least 15 days prior to hearing, the parties shall exchange and file with the judge of compensation claims a pretrial outline of all issues, defenses, and witnesses on a form adopted by the Deputy Chief Judge; provided, in no event shall such hearing be held without 15 days’ written notice to all parties. No pretrial hearing shall be held and no mediation scheduled unless requested by a party. The judge of compensation claims shall limit all argument and presentation of evidence at the hearing to a maximum of 30 minutes, and such hearings shall not exceed 30 minutes in length. Neither party shall be required to be represented by counsel. The employer or carrier may be represented by an adjuster or other qualified representative. The employer or carrier and any witness may appear at such hearing by telephone. The rules of evidence shall be liberally construed in favor of allowing introduction of evidence.
(i) A judge of compensation claims may, upon the motion of a party or the judge’s own motion, dismiss a petition for lack of prosecution if a petition, response, motion, order, request for hearing, or notice of deposition has not been filed during the previous 12 months unless good cause is shown. A dismissal for lack of prosecution is without prejudice and does not require a hearing.
(j) A judge of compensation claims may not award interest on unpaid medical bills and the amount of such bills may not be used to calculate the amount of interest awarded. Regardless of the date benefits were initially requested, attorney’s fees do not attach under this subsection until 30 days after the date the carrier or self-insured employer receives the petition.
(5)(a) Procedures with respect to appeals from orders of judges of compensation claims shall be governed by rules adopted by the Supreme Court. Such an order shall become final 30 days after mailing of copies of such order to the parties, unless appealed pursuant to such rules.
(b) An appellant may be relieved of any necessary filing fee by filing a verified petition of indigency for approval as provided in s. 57.081(1) and may be relieved in whole or in part from the costs for preparation of the record on appeal if, within 15 days after the date notice of the estimated costs for the preparation is served, the appellant files with the judge of compensation claims a copy of the designation of the record on appeal, and a verified petition to be relieved of costs. A verified petition filed prior to the date of service of the notice of the estimated costs shall be deemed not timely filed. The verified petition relating to record costs shall contain a sworn statement that the appellant is insolvent and a complete, detailed, and sworn financial affidavit showing all the appellant’s assets, liabilities, and income. Failure to state in the affidavit all assets and income, including marital assets and income, shall be grounds for denying the petition with prejudice. The Office of the Judges of Compensation Claims shall adopt rules as may be required pursuant to this subsection, including forms for use in all petitions brought under this subsection. The appellant’s attorney, or the appellant if she or he is not represented by an attorney, shall include as a part of the verified petition relating to record costs an affidavit or affirmation that, in her or his opinion, the notice of appeal was filed in good faith and that there is a probable basis for the District Court of Appeal, First District, to find reversible error, and shall state with particularity the specific legal and factual grounds for the opinion. Failure to so affirm shall be grounds for denying the petition. A copy of the verified petition relating to record costs shall be served upon all interested parties. The judge of compensation claims shall promptly conduct a hearing on the verified petition relating to record costs, giving at least 15 days’ notice to the appellant, the department, and all other interested parties, all of whom shall be parties to the proceedings. The judge of compensation claims may enter an order without such hearing if no objection is filed by an interested party within 20 days from the service date of the verified petition relating to record costs. Such proceedings shall be conducted in accordance with the provisions of this section and with the workers’ compensation rules of procedure, to the extent applicable. In the event an insolvency petition is granted, the judge of compensation claims shall direct the department to pay record costs and filing fees from the Workers’ Compensation Administration Trust Fund pending final disposition of the costs of appeal. The department may transcribe or arrange for the transcription of the record in any proceeding for which it is ordered to pay the cost of the record.
(c) As a condition of filing a notice of appeal to the District Court of Appeal, First District, an employer who has not secured the payment of compensation under this chapter in compliance with s. 440.38 shall file with the notice of appeal a good and sufficient bond, as provided in s. 59.13, conditioned to pay the amount of the demand and any interest and costs payable under the terms of the order if the appeal is dismissed, or if the District Court of Appeal, First District, affirms the award in any amount. Upon the failure of such employer to file such bond with the District Court of Appeal, First District, along with the notice of appeal, the District Court of Appeal, First District, shall dismiss the notice of appeal.
(6) An award of compensation for disability may be made after the death of an injured employee.
(7) Any interested party shall have the right in any case of death to require an autopsy, the cost thereof to be borne by the party requesting it; and the judge of compensation claims shall have authority to order and require an autopsy and may, in her or his discretion, withhold her or his findings and award until an autopsy is held.
History.s. 25, ch. 17481, 1935; CGL 1936 Supp. 5966(25); s. 11, ch. 18413, 1937; s. 7, ch. 20672, 1941; s. 3, ch. 22814, 1945; s. 1, ch. 26967, 1951; s. 8, ch. 28241, 1953; s. 6, ch. 29778, 1955; s. 1, ch. 57-270; s. 2, ch. 59-100; s. 2, ch. 59-142; s. 2, ch. 65-120; s. 1, ch. 65-119; s. 1, ch. 67-374; s. 2, ch. 67-554; ss. 17, 35, ch. 69-106; s. 120, ch. 71-355; s. 1, ch. 74-48; s. 15, ch. 74-197; s. 12, ch. 75-209; ss. 6, 8, ch. 77-290; ss. 8, 23, ch. 78-300; s. 17, ch. 79-7; ss. 19, 124, ch. 79-40; ss. 14, 21, ch. 79-312; s. 180, ch. 79-400; s. 9, ch. 80-236; s. 7, ch. 81-119; s. 9, ch. 83-305; ss. 17, 43, ch. 89-289; ss. 25, 56, ch. 90-201; ss. 23, 52, ch. 91-1; s. 31, ch. 91-46; s. 1, ch. 91-47; s. 30, ch. 93-415; s. 118, ch. 97-103; s. 95, ch. 2000-153; s. 19, ch. 2001-91; s. 37, ch. 2002-194; s. 12, ch. 2002-236; s. 25, ch. 2003-412; s. 63, ch. 2004-5; s. 4, ch. 2011-208.

F.S. 440.25 on Google Scholar

F.S. 440.25 on Casetext

Amendments to 440.25


Arrestable Offenses / Crimes under Fla. Stat. 440.25
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.25.



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES FIRE INSURANCE COMPANY v. HACKETT,, 260 So. 3d 532 (Fla. App. Ct. 2018)

. . . . review a compensation case in accordance with the procedure prescribed in respect of claims in s. 440.25 . . . holding that term "compensation" as used in § 440.09(3) includes both medical and disability benefits); § 440.25 . . . Because the E/C filed a Petition for Modification initiating litigation as governed by section 440.25 . . .

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

. . . In this workers' compensation case, we address the interplay between section 440.25(4)(i), Florida Statutes . . . In Limith , this Court reasoned: Although section 440.25(4)(i) states that a JCC "may" dismiss a petition . . . The word "may" must also be considered in context with the rest of section 440.25(4)(i) referencing " . . . As illustrated by the facts of this case, the interaction of sections 440.19 and 440.25(4)(i) can prompt . . . However, the Legislature did not include a similar notice requirement or grace period in section 440.25 . . .

LEWIS, v. DOLLAR RENT A CAR ESIS WC, 220 So. 3d 1246 (Fla. Dist. Ct. App. 2017)

. . . Section 440.25(6), Florida Statutes (1987), provides that “[a]n injured employee claiming or entitled . . .

STATE DEPARTMENT OF CORRECTIONS, v. JUNOD,, 217 So. 3d 200 (Fla. Dist. Ct. App. 2017)

. . . An EMA opinion is admissible as provided in § 440.25(4)(d), Fla. . . .

ALTA WIND I OWNER- LESSOR C, I D, v. THE UNITED STATES,, 128 Fed. Cl. 702 (Fed. Cl. 2016)

. . . purchase prices that Plaintiffs paid Terra-Gen in the Alta II-V transactions were (approximately): $440.25 . . .

LOWE S HOME CENTERS, INC. CMS, v. K. BEEKMAN,, 187 So. 3d 318 (Fla. Dist. Ct. App. 2016)

. . . Section 440.25(4)(d), Florida Statutes (2013), provides in part: When there is a conflict in the medical . . .

MCALLISTER, v. DISTRICT OF COLUMBIA,, 160 F. Supp. 3d 273 (D.D.C. 2016)

. . . Tyrka and $440.25 for the costs incurred in pursuing the matter before this Court. See Pis.’ Mot. . . . The Plaintiffs Should Be Awarded Fees of $7,351.57, and Costs of $440.25 Applying the above formula, . . .

GOMEZ- LUJANO, v. PALM BEACH GRILL- HOUSTON S RESTAURANT AND TRAVELERS INSURANCE,, 178 So. 3d 546 (Fla. Dist. Ct. App. 2015)

. . . See § 440.25(2), Fla. Stat. . . .

RUBIO, v. GYMBOREE CORPORATION, 178 So. 3d 81 (Fla. Dist. Ct. App. 2015)

. . . on an untimely request, would be in contravention of the plain language of sections 440.13(9)(c) and 440.25 . . . the JGC’s appointment of an EMA violates the 210-day deadline for holding a hearing set by section 440.25 . . .

SUAREZ, v. STEWARD ENTERPRISES Co., 164 So. 3d 132 (Fla. Dist. Ct. App. 2015)

. . . Sections 440.13(9)(b) and section 440.25(4)(d) anticipate that EMAs may provide “testimony” to the JCC . . . In addition, section 440.25(4)(d) goes on to provide that “the testimony of the [EMA] shall be admitted . . . Accordingly, nothing in sections 440.13 or 440.25 supports the JCC’s conclusion. . . .

LIMITH, v. LENOX ON LAKE FTMI LLC Co. d b a U. S., 163 So. 3d 616 (Fla. Dist. Ct. App. 2015)

. . . We agree; section 440.25(4)(i), Florida Statutes, the authority for motions to dismiss, applies to pending . . . that the claim is no longer brought via a PFB and, therefore, not subject to dismissal under section 440.25 . . . Although section 440.25(4)(i) states that a JCC “may” dismiss a petition for lack of prosecution, that . . . The word “may” must also be considered in context with the rest of section 440.25(4)(i) referencing “ . . . good cause shown”; specifically, section 440.25(4)(i) provides a JCC may dismiss a PFB “unless good cause . . .

SHANNON, v. CHENEY BROTHERS INC., 157 So. 3d 397 (Fla. Dist. Ct. App. 2015)

. . . . § 440.25(5)(a), Fla. Stat; Fla. R. App. P. 9.180(b)(1). . . .

JACKSON, v. COLUMBIA PICTURES AND FIREMAN S FUND,, 153 So. 3d 347 (Fla. Dist. Ct. App. 2014)

. . . Rain, 892 So.2d 1839, 1341 (Fla. 1st DCA 1980) (“While section 440.25(3) (b) [, Florida Statutes (1977 . . .

O. FLORES- ORELLANA, v. CIRCLE- K, 151 So. 3d 477 (Fla. Dist. Ct. App. 2014)

. . . Section 440.25(4), Florida Statutes (2009), sets out the procedure for hearings. . . . The final hearing is to be concluded within 90 days of the mediation conference (see § 440.25(4)(b), . . . Stat.) or 210 days after the PFB is filed (see § 440.25(4)(d), Fla. Stat.). . . . Section 440.25(4)(c) requires the JCC to give the parties at least 14 days’ notice of the final hearing . . . orders are to be conducted “in accordance with the procedure prescribed in respect to claims in s. 440.25 . . .

IN RE LIGHTY, In In, 513 B.R. 489 (Bankr. D.S.C. 2014)

. . . The bill was actually for $440.25, as it included $10 for an active military search and $5.25 for a skip . . .

TREJO- PEREZ, v. ARRY S ROOFING, 141 So. 3d 220 (Fla. Dist. Ct. App. 2014)

. . . See §§ 440.13(9)(c) & 440.25(4)(d), Fla. Stat. . . .

ALACHUA COUNTY SCHOOL BOARD v. OFFICE OF STATE CHIEF FINANCIAL OFFICER FOR DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKER S COMPENSATION,, 138 So. 3d 480 (Fla. Dist. Ct. App. 2014)

. . . protest, it shall refer the matter to the judge of compensation claims for determination pursuant to s. 440.25 . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. ANDERSON,, 132 So. 3d 900 (Fla. Dist. Ct. App. 2014)

. . . jurisdiction over PFBs that have been filed, but not mediated, because mediation is mandatory under section 440.25 . . .

BANUCHI, v. DEPARTMENT OF CORRECTIONS, 122 So. 3d 999 (Fla. Dist. Ct. App. 2013)

. . . Thereafter, the JCC shall, in accord with sections 440.13(9)(c) and 440.25(4)(d), Florida Statutes, consider . . .

BANKS, v. ALLEGIANT SECURITY Co., 122 So. 3d 983 (Fla. Dist. Ct. App. 2013)

. . . Subsection 440.25(4)(d) requires that the final hearing be held within 210 days from the filing of the . . . The timeframes established in section 440.25, however, are neither inflexible nor inviolable. . . . Subsection 440.25(4)(d) specifically grants a claimant the power to “waive the timeframes within ... . . . section [440.25] for good cause shown.” . . . On the other hand, it should be noted that the actual grant of a continuance under subsection 440.25( . . .

WESTPHAL, v. CITY OF ST. PETERSBURG CITY OF ST. PETERSBURG RISK MANAGEMENT,, 122 So. 3d 440 (Fla. Dist. Ct. App. 2013)

. . . . §§ 440.13(9)(c) & 440.25(4)(d), Fla. Stat.; Romero v. . . . legally required to appoint an Expert Medical Advisor (“EMA”) to resolve the conflict. §§ 440.13(9)(c) & 440.25 . . .

MIAMI DADE COUNTY SCHOOL BOARD v. SMITH,, 116 So. 3d 511 (Fla. Dist. Ct. App. 2013)

. . . post-hearing evidence “for good cause shown” (a standard not used by the JCC here), and under section 440.25 . . . Code R. 60Q-6.121(5); see also § 440.25(4)(b), Fla. Stat. (2012). . . .

AKE, v. UNITED STATES SUGAR CORPORATION, 112 So. 3d 171 (Fla. Dist. Ct. App. 2013)

. . . Analysis Section 440.25(5)(a), Florida Statutes (2011), provides that “Procedures with respect to appeals . . . mediation (a mandatory condition precedent to the presentation of a claim at a merits hearing, see section 440.25 . . .

CVS CAREMARK CORPORATION v. LATOUR,, 109 So. 3d 1232 (Fla. Dist. Ct. App. 2013)

. . . . § 440.25(4)(d), Fla. . . .

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

. . . thereafter resolved, and were not dismissed for lack of prosecution under the authority of section 440.25 . . .

QUIROGA, v. FIRST BAPTIST CHURCH AT WESTON, 124 So. 3d 936 (Fla. Dist. Ct. App. 2013)

. . . Further, section 440.25(4)(3), Florida Statutes (2008), requires a JCC to draft compensation orders containing . . .

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

. . . modification shall be handled “in accordance with the procedure prescribed in respect of claims in s. 440.25 . . . ”); see also 440.25, Fla. . . .

NUTEC v. DOLESHALL,, 96 So. 3d 1159 (Fla. Dist. Ct. App. 2012)

. . . dismiss this appeal based on the Appellant’s purported failure to post a bond as required under section 440.25 . . .

JONES, v. ROYALTY FOODS, INC., 82 So. 3d 1162 (Fla. Dist. Ct. App. 2012)

. . . Fla. 1st DCA 2008) (reversing JCC’s dismissal of petitions based on claimant’s violation of section 440.25 . . .

PERRY, v. ECOLAB INC. BROADSPIRE,, 79 So. 3d 838 (Fla. Dist. Ct. App. 2012)

. . . Even though, pursuant to section 440.25(5)(a), Florida Statutes (2002), an order is not final until thirty . . . Seven-Up Bottling Co., 83 So.2d 269, 270 (Fla.1955) (“Section 440.25(4), supra, specifying when the award . . .

ARNAU, v. WINN- DIXIE STORES, INC. CMS,, 76 So. 3d 1117 (Fla. Dist. Ct. App. 2011)

. . . See § 440.25(4)(d), Fla. Stat. (2008). . . .

JEAN, v. MIAMI JEWISH HOME, 78 So. 3d 639 (Fla. Dist. Ct. App. 2011)

. . . See § 440.25(5)(a), Fla. . . .

SNIDER, v. MUMFORD, INC. d b a, 65 So. 3d 579 (Fla. Dist. Ct. App. 2011)

. . . The statute in effect on the date of Claimant’s accident, section 440.25(3)(b), Florida Statutes (1981 . . . Florida Statutes (1987), but JCC may not require E/C to pay for examination unless, as stated in section 440.25 . . . Eventually, the “tie-breaker” provision in section 440.25(3)(b) became the EMA provision codified at . . .

CITY OF FORT LAUDERDALE v. MILLER,, 58 So. 3d 284 (Fla. Dist. Ct. App. 2011)

. . . See also § 440.25(4)(d), Fla. Stat. (2010); Byrd v. . . .

EKECHI, v. FIRST AMERICA FIRST STUDENT, 49 So. 3d 335 (Fla. Dist. Ct. App. 2010)

. . . employee’s repayment of indemnity benefits), does not impose interest on unpaid principle); see also § 440.25 . . .

BRUTUS, v. MEARS TRANSPORTATION GROUP, 49 So. 3d 295 (Fla. Dist. Ct. App. 2010)

. . . See § 440.25(5)(a), Fla. . . .

NOEL, v. JEFFERSON, LLC d b a, 43 So. 3d 828 (Fla. Dist. Ct. App. 2010)

. . . See § 440.25(5)(a), Fla. . . .

BOCELLI, v. SOUTHWEST FLORIDA INVESTMENTS, 37 So. 3d 964 (Fla. Dist. Ct. App. 2010)

. . . for the Judges of Compensation Claims (JCC) to follow when dismissing a PFB sua sponte under section 440.25 . . . See § 440.25(4)(i), Fla. Stat. . . . And section 440.25(4)(i) specifically contemplates that such notices will be filed because that is one . . .

ROMERO, v. JB PAINTING WATERPROOFING, INC., 38 So. 3d 836 (Fla. Dist. Ct. App. 2010)

. . . “On the other hand, sections 440.13(9)(c) and 440.25(4)(d) contemplate resort to an [EMA], even if the . . .

R. HOLMES, v. BROWN, TERRELL, HOGAN, ELLIS,, 36 So. 3d 919 (Fla. Dist. Ct. App. 2010)

. . . See § 440.25(5)(a), Fla. . . .

KUMAR, v. RICHMOND M. D. P. A., 34 So. 3d 197 (Fla. Dist. Ct. App. 2010)

. . . See § 440.25(5)(c), Fla. Stat. (2009); Fraternal Order of Eagles v. . . .

WHITE, v. DEPARTMENT OF JUVENILE JUSTICE, 38 So. 3d 166 (Fla. Dist. Ct. App. 2010)

. . . See § 440.25(5)(a), Fla. . . .

JUAREZ, v. R. B. BAKER CONSTRUCTION, INC. Co., 28 So. 3d 193 (Fla. Dist. Ct. App. 2010)

. . . See § 440.25(5)(a), Fla. Stat. (2007); Fla. R.App. P. 9.180(b)(2); Millinger v. . . .

AIREY, v. WAL- MART SEDGWICK,, 24 So. 3d 1264 (Fla. Dist. Ct. App. 2009)

. . . based on his belief that it had been pending too long, the proper procedure would be to invoke section 440.25 . . .

LUETGERT DEVELOPMENT CORP. v. STOCKFORD, 18 So. 3d 1232 (Fla. Dist. Ct. App. 2009)

. . . See § 440.25(5)(c), Fla. Stat. (2008); Fraternal Order of Eagles v. . . .

A. VASSALLO, v. GOLDWIRE,, 18 So. 3d 670 (Fla. Dist. Ct. App. 2009)

. . . by dismissing, with prejudice, his attorney’s fee claim for lack of prosecution pursuant to section 440.25 . . . a hearing, the JCC found that she had the authority to dismiss the fee petition pursuant to section 440.25 . . . First, the JCC erred in relying on section 440.25(4)(i) to dismiss the petition with prejudice. . . . Section 440.25(4)(i), Florida Statutes, provides: A judge of compensation claims may ... dismiss a petition . . . P., 891 So.2d 474, 479 (Fla.2004), and it was effectively replaced by section 440.25(4)(i). . . .

AMOS, v. GARTNER, INC., 17 So. 3d 829 (Fla. Dist. Ct. App. 2009)

. . . Further, the report or testimony of the EMA shall be admitted into evidence, see section 440.25(4)(e) . . .

B. GARCIA, v. FENCE MASTERS, INC. AIG, 16 So. 3d 200 (Fla. Dist. Ct. App. 2009)

. . . See § 440.25(4)(e), Florida Statutes (2005), see also Chavarria v. . . .

UNIVERSITY OF MIAMI v. WEST,, 8 So. 3d 1193 (Fla. Dist. Ct. App. 2009)

. . . Section 440.25(4)(e), Florida Statutes, requires the JCC only to “set forth the findings of ultimate . . .

FUENTES, v. EMBRO INC., 8 So. 3d 389 (Fla. Dist. Ct. App. 2009)

. . . .” § 440.25(4)(i), Fla. Stat. (2008). . . . discretion by dismissing Claimant’s petitions without complying with the statutory requirements of section 440.25 . . .

R. IVESTER, Jr. C. v. P. MILLER,, 398 B.R. 408 (M.D.N.C. 2008)

. . . . §§ 1-440.4; l-440.16(a)(6); 1-440.25. . . .

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) . . . psychiatric care, the E/C argued the claim was barred on grounds of res judicata and application of section 440.25 . . . Finally, the JCC found section 440.25(4)(d), Florida Statutes, was substantive and did not apply to the . . . At issue here is the addition of the following language at the end of section 440.25(4)(d), Florida Statutes . . .

BATISTA, v. PUBLIX SUPERMARKETS, INC., 993 So. 2d 570 (Fla. Dist. Ct. App. 2008)

. . . JCC Harnage was correct in determining he had jurisdiction to vacate his final order under section 440.25 . . . Section 440.25(5)(a), Florida Statutes, provides that a JCC’s order becomes final 30 days after mailing . . . Because JCC Harnage’s order was not final under section 440.25(5)(a), Florida Statutes, and because JCCs . . .

In YATKO A. v., 416 B.R. 193 (Bankr. W.D.N.C. 2008)

. . . effected by the Sheriff levying on the defendant’s property under the garnishment procedure found at 1-440.25 . . . Section 1-440.25 contemplates a levy by the Sheriff delivering to the garnishee, or his legal agent, . . . Gen.Stat. 1-440.25. . . . An exception to the 1 — 440.25 method of levy applies where the asset to be garnished is a stock interest . . . distribution could either be considered a stock interest under 1-440.19 or a debt owed to him under 1-440.25 . . .

HILL, v. GREYHOUND LINES, INC. USA,, 988 So. 2d 1250 (Fla. Dist. Ct. App. 2008)

. . . for sanctions based on Claimant’s violation of the mediation confidentiality requirements of section 440.25 . . . In the instant case, Claimant violated section 440.25(3), Florida Statutes (2004), which provides, in . . .

MUNROE, v. U. S. FOOD SERVICE, 985 So. 2d 654 (Fla. Dist. Ct. App. 2008)

. . . Section 440.25(3)(b), Florida Statutes (2006), provides, in part: “In the event both parties agree, the . . .

RODAS, F. F. v. COMMERCIAL FORMING CORP. CNA,, 976 So. 2d 620 (Fla. Dist. Ct. App. 2008)

. . . See § 440.25(4)(d), Fla. . . .

BOWE, v. MCDONALD S, 933 So. 2d 71 (Fla. Dist. Ct. App. 2006)

. . . bar on one who did not move for a vacation of the order within the 30-day period provided in section 440.25 . . . Abbreviated final orders under section 440.25(4)(d), Florida Statutes, shall be enforceable under section . . . by operation of law became final, i.e., 30 days after mailing copies of the order to the parties. § 440.25 . . . Section 440.25(4)(d), Florida Statutes (2005), relating to mediation proceedings, permits a JCC to "enter . . . Section 440.25(4)(e) requires, among other things, that the order contain "findings of ultimate facts . . .

ROYAL SUNALLIANCE v. J. CHAVEZ,, 920 So. 2d 69 (Fla. Dist. Ct. App. 2006)

. . . shall make findings sufficient to permit intelligent review of his decision, as required by section 440.25 . . .

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

. . . filed for an emergency medical hearing before the judge of compensation claims pursuant to section 440.25 . . . Section 440.25(4)(h) states: Notwithstanding any other provision of this section, the judge of compensation . . . Yet, there is no allegation or evidence that Aguilera ever sought relief under section 440.25(4)(h) or . . . dissent voices the view that a worker subjected to abuses such as these would find relief in section 440.25 . . . Section 440.25 is not an available optional procedure that provides relief or compensation for these . . .

POSADA, v. JAMES CELLO, INC., 135 F. App'x 250 (11th Cir. 2005)

. . . . § 440.25. . . . F.S.A. § 440.25; see Clover v. Total System Services, Inc., 176 F.3d 1346 (11th Cir.1999). . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 891 So. 2d 474 (Fla. 2004)

. . . the basis for its authority to adopt the rules came from the Legislature and sections 440.29(3) and 440.25 . . .

VALDES, v. GALCO CONSTRUCTION GAB-, 883 So. 2d 359 (Fla. Dist. Ct. App. 2004)

. . . . § 440.25(4)(d), Fla. Stat. (2003); Scottie-Craft Boat Corp. v. Smith, 336 So.2d 1150 (Fla.1976). . . .

JOHNSON, v. TERRY HUNT CONSTRUCTION COMPANY, 878 So. 2d 1282 (Fla. Dist. Ct. App. 2004)

. . . he lacked jurisdiction to vacate his previous order, which had become final by operation of section 440.25 . . . statutory or procedural authority to vacate and/or amend orders which became final by operation of section 440.25 . . . amend orders is expressly limited to those orders ‘which are not yet final by operation of section 440.25 . . . DCA 1998), is misplaced because that argument does not take into account the requirement of section 440.25 . . . See § 440.25(4)(e), Fla. Stat; Millinger, 672 So.2d at 27; Taylor, 520 So.2d at 560; W.T. . . .

FOSTER, v. EG G FLORIDA, INC., 879 So. 2d 75 (Fla. Dist. Ct. App. 2004)

. . . review a compensation case in accordance with the procedures prescribed in respect of claims in s. 440.25 . . .

AT T WIRELESS v. FRAZIER,, 871 So. 2d 939 (Fla. Dist. Ct. App. 2004)

. . . and misinterpreted the interplay between that provision and the time limit requirements of section 440.25 . . . The time limitations of section 440.25 are directory, not mandatory. See Brown v. . . .

AUGUSTUS, f b o, v. PALM BEACH COUNTY SCHOOL BOARD F. A., 867 So. 2d 1269 (Fla. Dist. Ct. App. 2004)

. . . Section 440.25(4)®, Florida Statutes (2003). WOLF, C.J., PADOVANO and POLSTON, JJ., concur. . . .

B. JELLISON, v. DIXIE SOUTHERN INDUSTRIAL, INC., 857 So. 2d 365 (Fla. Dist. Ct. App. 2003)

. . . Section 440.25, Florida Statutes, clearly contemplates that a final order will be issued within 30 days . . .

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

. . . cannot be considered a conclusion on the merits or a final compensation order, as defined in section 440.25 . . .

CHAVARRIA, v. SELUGAL CLOTHING, INC. Co., 840 So. 2d 1071 (Fla. Dist. Ct. App. 2003)

. . . Section 440.25(3)(b), F.S.1951, F.S.A. . . . In 1967, the Florida Legislature amended section 440.25(3)(c), Florida Statutes, to provide: The order . . . Statutes (1975): The detail in which such findings must be stated is succinctly described in Section 440.25 . . . Moreover, the statute relied upon in Pierce remains unchanged today and is codified at section 440.25 . . . Section 440.25(3)(b), Florida Statutes (1951), provided in pertinent part: "The order rejecting the claim . . . discussion of the JCC’s fact-finding responsibility following the legislature’s amendment to section 440.25 . . .

GENERAL MOTORS v. LYNCH,, 829 So. 2d 987 (Fla. Dist. Ct. App. 2002)

. . . final order, but by that time, the abbreviated order had already become final by operation of section 440.25 . . .

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

. . . Venue shall be governed by section 440.25(4)(d), Florida Statutes. (b) Consolidated Petitions. . . . The changes were made to make rule 4.105 consistent with section 440.25(4)(j), Florida Statutes. . . . Abbreviated final orders entered under section 440.25(4)(d), Florida Statutes, shall not be subject to . . . This rule codifies the procedure for mandatory mediation required by section 440.25, Florida Statutes . . . See also section 440.25(5)(b), Florida Statutes. . . .

SMALBEIN, v. VOLUSIA COUNTY SCHOOL BOARD,, 801 So. 2d 169 (Fla. Dist. Ct. App. 2001)

. . . . § 440.25(1); Fireman’s Fund Ins. Co. v. Rich, 220 So.2d 369 (Fla.1969); Belam Florida Corp. v. . . .

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

. . . disability benefits and denial of indemnity benefits has caused extreme hardship as contemplated by Section 440.25 . . . Since the Claimant proceeded under § 440.25(4)(h), Florida Statutes, rather than a merit hearing and . . . Taylor, 786 So.2d 1207, 1208 (Fla. 1st DCA 2001) (Benton, J., concurring) (“As written, section 440.25 . . . With this in mind, section 440.20(6) should be construed in pari materia with section 440.25(4)(h), Florida . . . Section 440.25(4)(h) provides: Notwithstanding any other provision of this section, the judge of compensation . . .

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 . . . Section 440.25(4)(h) does not in terms confer jurisdiction on the judge of compensation claims where . . . The reference to "this section" is to section 440.25, which pertains to "[pjrocedures for mediation and . . . Section 440.25 begins: "Within 21 days after a petition for benefits is filed under s. 440.192.” . . . An order granting motion for emergency medical care under 440.25(4)(h) was entered on December 13, 1999 . . . purposes of this case, that Appellee’s filing of'his Motion for Emergency Conference, pursuant to section 440.25 . . .

MARTINOLICH, v. GOLDEN LEAF MANAGEMENT, INC., 786 So. 2d 613 (Fla. Dist. Ct. App. 2001)

. . . Martinolich in retaliation for exercising his rights under Florida Worker’s Compensation Law, section 440.25 . . .

W W LUMBER OF PALM BEACH, v. MARRERO,, 780 So. 2d 291 (Fla. Dist. Ct. App. 2001)

. . . of a motion for rehearing may not be practicable before the order becomes final [pursuant to section 440.25 . . .

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

. . . This rule is amended to comply with section 440.25(4)(j), Florida Statutes (1999), to indicate that claims . . . The changes were made to make rule 4.105 consistent with section 440.25(4)(j), Florida Statutes. . . . This rule codifies the procedure for mandatory mediation required by section 440.25, Florida Statutes . . . NOTICE OF MEDIATION CONFERENCE AND ORDER In accordance with section 440.25(1), Florida Statutes, 1994 . . . Section 440.25(4)(a), Florida Statutes, mandates a pretrial hearing in all cases.] . . .

U. S. SECURITY INSURANCE COMPANY a k a U. S. v. M. CIMINO,, 754 So. 2d 697 (Fla. 2000)

. . . Section 440.25(7), Florida Statutes (1997), provides: (7) An injured employee claiming or entitled to . . .

M. MUSIC J. a v. L. HEBB, Jr. L. Sr. M. J. a v. L. Jr. L. Sr., 744 So. 2d 1169 (Fla. Dist. Ct. App. 1999)

. . . Although impairment rating evidence is specifically permitted in workers’ compensation actions, see § 440.25 . . .

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

. . . to dismiss the complaint on the grounds that the circuit court lacked jurisdiction because section 440.25 . . .

VISTA MANOR NURSING HOME Co. v. ESTEPP,, 740 So. 2d 41 (Fla. Dist. Ct. App. 1999)

. . . attempting to appeal a workers’ compensation order entered after an emergency conference under section 440.25 . . .

McCLUNG- GAGNE, v. HARBOUR CITY VOLUNTEER AMBULANCE SQUAD, INC., 721 So. 2d 799 (Fla. Dist. Ct. App. 1998)

. . . . § 440.25(1), Fla. Stat. (1991); Fireman’s Fund Ins. Co. v. Rich, 220 So.2d 369, 371 (Fla.1969). . . .

H. GASSNER, v. BECHTEL CONSTRUCTION, 702 So. 2d 548 (Fla. Dist. Ct. App. 1997)

. . . to the exclusion of the mediation, pretrial and hearing and review processes contained in Sections 440.25 . . . dispute resolution system to displace “pretrial and hearing and review processes contained in Sections 440.25 . . . the alternative dispute resolution system the agreement established was intended to supplant sections 440.25 . . .

PALM SPRINGS GENERAL HOSPITAL SIF, v. CABRERA,, 698 So. 2d 1352 (Fla. Dist. Ct. App. 1997)

. . . On the other hand, sections 440.13(9)(c) and 440.25(4)(d), Florida Statutes (1995), contemplate resort . . . or testimony of the expert medical advisor shall be made a part of the record of the proceeding. § 440.25 . . .

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

. . . . § 440.25(1), Fla. Stat. (Supp. 1994). . . . . § 440.25(4), Fla. Stat. (1995). . . .

CRIMS PCA SOLUTIONS v. COLLIER,, 700 So. 2d 1231 (Fla. Dist. Ct. App. 1997)

. . . (Fla.1996); and the order under review in case No. 96-4506 awarded psychiatric care after a section 440.25 . . .

OWENS- ILLINOIS v. DeLOACH,, 686 So. 2d 1387 (Fla. Dist. Ct. App. 1997)

. . . employer/carrier (e/c) appeal an order entered after an emergency hearing held pursuant to section 440.25 . . . and assert that the order should be reversed because the claimant failed to expressly cite section 440.25 . . . conference did not adequately inform the e/c that the hearing was being requested pursuant to section 440.25 . . . Section 440.25(4)(e), Florida Statutes (1995), requires that an “order making an award ... shall set . . .

LOWES v. JOHNSON,, 681 So. 2d 919 (Fla. Dist. Ct. App. 1996)

. . . Appellants seek review of an order awarding medical care pursuant to section 440.25(4)(h), Florida Statutes . . .

BREWER COMPANY OF FLORIDA AGC v. MILIAN,, 681 So. 2d 872 (Fla. Dist. Ct. App. 1996)

. . . See § 440.25(4)(e), Fla.Stat. (1995); Fla.R.Work. Comp.P. 4.080(c). REVERSED and REMANDED. . . .

SCHOOL DISTRICT OF ESCAMBIA COUNTY, v. COOPER,, 686 So. 2d 613 (Fla. Dist. Ct. App. 1996)

. . . .” § 440.25(4)(e), Fla. Stat. (1995). The pertinent rule adds nothing to this requirement. Fla. R. . . .

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

. . . granted relief under the emergency conference provision of the 1994 Workers’ Compensation Act, Section 440.25 . . . This conference, under the statute, must be held within twenty-one (21) days after the petition. § 440.25 . . . hold a pretrial hearing, establish a discovery schedule, and ultimately to conduct a final hearing. § 440.25 . . . Section 440.25(4)(h), Florida Statutes (Supp.1994), the section under review today, provides: Notwithstanding . . . The scope of the conference convened pursuant to section 440.25(4)(h) is limited by the emergency situation . . . affirm the judge’s order finding the circumstances in this case constitute an emergency under section 440.25 . . .

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

. . . Venue shall be governed by section 440.25(4)(d), Florida Statutes. (b) Consolidated Petitions. . . . It, too, is derived-sufestantially from section 440.25(3)(a), Flor-ida Statutes — (4979). . . . NOTICE OF MEDIATION CONFERENCE AND ORDER In accordance with section 440.25(1), Florida Statutes, 1994 . . . Section 440.25(3-)(-b)2(4)(a), Florida Statutes, mandates a pretrial hearing in all cases.] . . . APPLICATION FOR EXPEDITED HEARING PURSUANT TO SECTION 440.25(4)(i), FLORIDA STATUTES The (claimant) ( . . .

GUARANTEE MUTUAL LIFE COMPANY v. McCARTNEY M. C., 672 So. 2d 636 (Fla. Dist. Ct. App. 1996)

. . . because they did not receive notice of the final hearing directly from the JCC in accordance with section 440.25 . . .

BRADLEY, v. HURRICANE RESTAURANT, 670 So. 2d 162 (Fla. Dist. Ct. App. 1996)

. . . On the same date, claimant filed a motion for emergency conference and relief pursuant to section 440.25 . . .

MILLINGER, v. BROWARD COUNTY MENTAL HEALTH DIVISION AND RISK MANAGEMENT,, 672 So. 2d 24 (Fla. 1996)

. . . .' §§ 440.25 and 440.45, Florida Statutes (1975). . . . Section 440.25(4)(a), Florida Statutes (1993), provides that a JCC's order shall become final 30 days . . . amend orders is expressly limited to those orders which are "not yet final by operation of section 440.25 . . .

FRANK, v. CRAWFORD COMPANY,, 670 So. 2d 117 (Fla. Dist. Ct. App. 1996)

. . . Compensation Claims providing for emergency relief in the form of temporary benefits under section 440.25 . . . Frank’s motion was heard, with the judge relying on section 440.25(4)(h) as authority for the emergency . . . We agree, however, with the first district which held that an order entered under section 440.25(h) is . . .

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

. . . emergency that would have enabled the judge to require the appearance of the parties pursuant to section 440.25 . . .

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

. . . authority can be implied from several statutory provisions as follows: sections 440.30; 440.33(1); 440.25 . . . Section 440.25 contains detailed provisions for mediation and final hearings after the filing of a petition . . . We note that under section 440.25(1), Florida Statutes (1994), the JCC or the division may order an injured . . .

HERRERA, v. HOJO INN MAINGATE, 680 So. 2d 439 (Fla. Dist. Ct. App. 1996)

. . . .” § 440.25(3)(e), Fla.Stat. (1993). . . .