Florida Statutes
Fla. Stat. § 440.29 (2025)
Procedure before the judge of compensation claims.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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440.29 Procedure before the judge of compensation claims.—
(1) In making an investigation or inquiry or conducting a hearing, the judge of compensation claims shall not be bound by technical or formal rules of procedure, except as provided by this chapter, but may make such investigation or inquiry, or conduct such hearing, in such manner as to best ascertain the rights of the parties. A declaration of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.
(2) Hearings before the judge of compensation claims shall be open to the public, and the Deputy Chief Judge is authorized to designate the manner in which particular types of hearings are recorded and reported and, when necessary, to contract for the reporting of such hearings. The Deputy Chief Judge shall arrange for the preparation of a record of the hearings and other proceedings before judges of compensation claims, as necessary, and is authorized to allow for the attendance of court reporters at hearings, for preparation of transcripts of testimony, for copies of any instrument, and for other reporting or recording services. The Deputy Chief Judge may charge the same fees allowed by law or court rule to reporters, persons preparing transcripts, or clerks of courts of this state for like services.
(3) The practice and procedure before the judges of compensation claims shall be governed by rules adopted by the Office of the Judges of Compensation Claims, except to the extent that such rules conflict with the provisions of this chapter.
(4) All medical reports of authorized treating health care providers relating to the claimant and subject accident shall be received into evidence by the judge of compensation claims upon proper motion. However, such records must be served on the opposing party at least 30 days before the final hearing. This section does not limit any right of further discovery, including, but not limited to, depositions.
History.—s. 29, ch. 17481, 1935; CGL 1936 Supp. 5966(29); s. 10, ch. 20672, 1941; s. 8, ch. 29778, 1955; ss. 17, 35, ch. 69-106; s. 16, ch. 74-197; s. 14, ch. 75-209; ss. 9, 23, ch. 78-300; ss. 22, 124, ch. 79-40; s. 21, ch. 79-312; s. 11, ch. 80-236; s. 10, ch. 83-305; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 6, ch. 91-46; s. 32, ch. 93-415; s. 20, ch. 2001-91; s. 5, ch. 2011-208.
Notes of Decisions
Cited in 62
cases (4 in the last 5 years), 1952–2026 · leading case: Amendments to the Florida Rules of Workers' Comp. Procedure, 891 So. 2d 474 (Fla. 2004).
Amendments to the Florida Rules of Workers' Comp. Procedure, 891 So. 2d 474 (Fla. 2004). “The following year, the Florida Legislature enacted section 440.29(3), Florida Statutes (Supp.”
US Sugar Corp. v. Henson, 823 So. 2d 104 (Fla. 2002). “Thus, section 440.29 has no bearing on the question before us.”
Chavarria v. Selugal Clothing, Inc., 840 So. 2d 1071 (Fla. 1st DCA 2003). “" § 440.29(4), Fla. Stat. (1999). Nevertheless, appellant argues on appeal that under certain case law, the JCC failed to provide adequate reasons for acceptance of the Rogachefsky and Espinosa opinions.”
Tutor Time Child Care/Learning Centers v. Patterson, 91 So. 3d 264 (Fla. 1st DCA 2012). “In this workers’ compensation appeal, the employer/carrier (E/C) argues the *265 Judge of Compensation Claims (JCC) erred by: (1) determining that section 440.29(4), Florida Statutes (2008), was not only a business records exception to the hearsay rule under section 90.”
Morton's of Chicago, Inc. v. Lira, 48 So. 3d 76 (Fla. 1st DCA 2010). “Claimant also did not seek any other form of relief or reservation on the multitude of medical bills he pled and placed at issue before the JCC, as permitted by section 440.29(1), Florida Statutes. The record reflects Claimant introduced 95 pages of bills, costs, and…”
S. Bakeries v. Cooper, 659 So. 2d 339 (Fla. 1st DCA 1995). “The judge could also order a medical examination pursuant to section 440.29(1), Florida Statutes (1991), without a conflict in the evidence, but the employer/carrier were not obligated to pay for such an examination.”
Vaughan v. Broward Gen. Med. Ctr., 105 So. 3d 569 (Fla. 1st DCA 2012). “Although section 440.29(1), Florida Statutes (2011) (stating a JCC shall not be bound by technical or formal rules of procedure), permits a JCC more latitude than judges of general jurisdiction, neither this section nor any other provision in the workers’ compensation law…”
US Sugar Corp. v. Henson, 787 So. 2d 3 (Fla. 1st DCA 2001). “In addition, he argues that Frye-testing medical testimony in workers' compensation cases would be contrary to section 440.29(4), Florida Statutes (1995), in which the legislature has provided that, upon proper motion, "[a]ll medical reports of authorized treating health care…”
Berry Corp. v. Smith, 576 So. 2d 1366 (Fla. 1st DCA 1991). “NOTES [1] § 440.29(1), Fla. Stat. (1987), states in pertinent part: In making an investigation or inquiry or conducting a hearing, the deputy commissioner shall not be bound by technical or formal rules of procedure, except as provided by this chapter, but may make such…”
Rucker v. City of Ocala, 684 So. 2d 836 (Fla. 1st DCA 1996). “For example, similar to the statute at issue in this case, section 440.29(4), Florida Statutes (Supp.”
In Re Workmen's Comp. Rules of Procedure, 343 So. 2d 1273 (Fla. 1977). “The present § 440.29(3), Fla. Stat. (1975), reads: "The practice and procedure before the commission and the judges of industrial claims shall be governed by rules adopted by the Supreme Court.”
Amos v. Gartner, Inc., 17 So. 3d 829 (Fla. 1st DCA 2009). “Although section 440.29(1), Florida Statutes (2008) (stating a JCC shall not be bound by technical or formal rules of procedure), permits a JCC more latitude than judges of general jurisdiction, neither this section nor any other provision in the workers’ compensation law,…”
— 440.29(1) — 27 cases
Morton's of Chicago, Inc. v. Lira, 48 So. 3d 76 (Fla. 1st DCA 2010). “Claimant also did not seek any other form of relief or reservation on the multitude of medical bills he pled and placed at issue before the JCC, as permitted by section 440.29(1), Florida Statutes. The record reflects Claimant introduced 95 pages of bills, costs, and…”
S. Bakeries v. Cooper, 659 So. 2d 339 (Fla. 1st DCA 1995). “The judge could also order a medical examination pursuant to section 440.29(1), Florida Statutes (1991), without a conflict in the evidence, but the employer/carrier were not obligated to pay for such an examination.”
Berry Corp. v. Smith, 576 So. 2d 1366 (Fla. 1st DCA 1991). “NOTES [1] § 440.29(1), Fla. Stat. (1987), states in pertinent part: In making an investigation or inquiry or conducting a hearing, the deputy commissioner shall not be bound by technical or formal rules of procedure, except as provided by this chapter, but may make such…”
Amos v. Gartner, Inc., 17 So. 3d 829 (Fla. 1st DCA 2009). “Although section 440.29(1), Florida Statutes (2008) (stating a JCC shall not be bound by technical or formal rules of procedure), permits a JCC more latitude than judges of general jurisdiction, neither this section nor any other provision in the workers’ compensation law,…”
Snider v. Mumford, Inc., 65 So. 3d 579 (Fla. 1st DCA 2011).
— 440.29(2) — 7 cases
Amend. to Fla. Rules of Workers'comp., 664 So. 2d 945 (Fla. 1995).
In re Amendments to the Florida Rules of Appellate Procedure, 84 So. 3d 192 (Fla. 2011).
Amendments to Florida Rules of Workers' Comp. Procedure, 603 So. 2d 425 (Fla. 1992).
Honeywell, Inc. v. Haley, 216 So. 2d 745 (Fla. 1968).
In re Amendments to the Florida Rules of Appellate Procedure, 75 So. 3d 239 (Fla. 2011).
— 440.29(3) — 12 cases
Amendments to the Florida Rules of Workers' Comp. Procedure, 891 So. 2d 474 (Fla. 2004). “The following year, the Florida Legislature enacted section 440.29(3), Florida Statutes (Supp.”
In Re Workmen's Comp. Rules of Procedure, 343 So. 2d 1273 (Fla. 1977). “The present § 440.29(3), Fla. Stat. (1975), reads: "The practice and procedure before the commission and the judges of industrial claims shall be governed by rules adopted by the Supreme Court.”
Paulk v. Sch. Bd. of Palm Beach Cnty., 615 So. 2d 260 (Fla. 1st DCA 1993).
Special Disability Trust Fund v. TROPICANA, ETC., 358 So. 2d 1 (Fla. 1978).
Horizon Healthcare v. Murphy, 660 So. 2d 1065 (Fla. 1st DCA 1995).
— 440.29(4) — 13 cases
US Sugar Corp. v. Henson, 823 So. 2d 104 (Fla. 2002). “Thus, section 440.29 has no bearing on the question before us.”
Chavarria v. Selugal Clothing, Inc., 840 So. 2d 1071 (Fla. 1st DCA 2003). “" § 440.29(4), Fla. Stat. (1999). Nevertheless, appellant argues on appeal that under certain case law, the JCC failed to provide adequate reasons for acceptance of the Rogachefsky and Espinosa opinions.”
Tutor Time Child Care/Learning Centers v. Patterson, 91 So. 3d 264 (Fla. 1st DCA 2012). “In this workers’ compensation appeal, the employer/carrier (E/C) argues the *265 Judge of Compensation Claims (JCC) erred by: (1) determining that section 440.29(4), Florida Statutes (2008), was not only a business records exception to the hearsay rule under section 90.”
US Sugar Corp. v. Henson, 787 So. 2d 3 (Fla. 1st DCA 2001). “In addition, he argues that Frye-testing medical testimony in workers' compensation cases would be contrary to section 440.29(4), Florida Statutes (1995), in which the legislature has provided that, upon proper motion, "[a]ll medical reports of authorized treating health care…”
Vaughan v. Broward Gen. Med. Ctr., 105 So. 3d 569 (Fla. 1st DCA 2012). “Although section 440.29(1), Florida Statutes (2011) (stating a JCC shall not be bound by technical or formal rules of procedure), permits a JCC more latitude than judges of general jurisdiction, neither this section nor any other provision in the workers’ compensation law…”
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