Florida Statute 440.29 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.29

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.

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Amendments to 440.29

Arrestable Offenses / Crimes under Fla. Stat. 440.29

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.29.

Annotations, Discussions, Cases:

Cases Citing Statute 440.29

Total Results: 20

Gulf Management, Inc., and Gallagher Bassett Services, Inc. v. Talmadge Wall

Court: District Court of Appeal of Florida | Date Filed: 2023-11-29

Snippet: benefits under chapter 440. See §§ 440.192, 440.25, 440.29, 440.33, 440.45, Fla. Stat.; cf. Art. V, § 1, Fla

Teresita De Jesus Abreu v. Riverland Elementary School and Broward County etc.

Court: District Court of Appeal of Florida | Date Filed: 2019-06-18

Snippet: adoption of such rules was required under section 440.29(3), Florida Statutes (2010), which stated, “The

United States Fire Insurance Company and Oxford Shops of South Florida v. Virginia Hackett

Court: District Court of Appeal of Florida | Date Filed: 2018-12-14

Citation: 260 So. 3d 532

Snippet: investigatory authority under pre-1990 law in § 440.29(1), Fla. Stat., which continues as a right under

Cal-Maine Foods/Broadspire v. Howard

Court: District Court of Appeal of Florida | Date Filed: 2017-07-26

Citation: 225 So. 3d 898, 2017 Fla. App. LEXIS 10681, 2017 WL 3160125

Snippet: filed medical records in compliance with section 440.29(4), Florida Statutes. The admissible medical records

Laura Lewis v. Dollar Rent A Car and ESIS WC Claims

Court: District Court of Appeal of Florida | Date Filed: 2017-06-09

Citation: 220 So. 3d 1246, 2017 WL 2491550, 2017 Fla. App. LEXIS 8541

Snippet: to best ascertain the rights of the parties.” § 440.29(1), Fla. Stat. (1987). This provision also has

Bedwell v. Stone Container Corp.

Court: District Court of Appeal of Florida | Date Filed: 2015-09-30

Citation: 174 So. 3d 1127, 2015 Fla. App. LEXIS 14511, 2015 WL 5724752

Snippet: IME using investigatory power provided in section 440.29(1), Florida Statutes (1987)). We write to address

Samuel Jackson v. Columbia Pictures and Fireman's Fund

Court: District Court of Appeal of Florida | Date Filed: 2014-12-15

Citation: 153 So. 3d 347

Snippet: from the essential requirements of law, section 440.29(1), Florida Statutes (Supp. 1986), permits the

CVS Caremark Corp. v. Latour

Court: District Court of Appeal of Florida | Date Filed: 2013-03-28

Citation: 109 So. 3d 1232, 2013 WL 1235903, 2013 Fla. App. LEXIS 5147

Snippet: issues presented to them for resolution. Cf. § 440.29(1), Fla. Stat. (2011). . Claimant filed a motion

Vaughan v. Broward General Medical Center

Court: District Court of Appeal of Florida | Date Filed: 2012-12-19

Citation: 105 So. 3d 569, 2012 WL 6602797, 2012 Fla. App. LEXIS 21759

Snippet: correspondence was not a “medical report” under section 440.29(4), Florida Statutes (2011), and the Employer/Carrier

Young v. American Airlines

Court: District Court of Appeal of Florida | Date Filed: 2012-10-08

Citation: 100 So. 3d 1168, 2012 WL 4761500, 2012 Fla. App. LEXIS 17125

Snippet: exception to authentication provided by section 440.29(4), Florida Statutes, does not apply to independent

Tutor Time Child Care/Learning Centers v. Patterson

Court: District Court of Appeal of Florida | Date Filed: 2012-07-03

Citation: 91 So. 3d 264, 2012 WL 2545274, 2012 Fla. App. LEXIS 10685

Snippet: Claims (JCC) erred by: (1) determining that section 440.29(4), Florida Statutes (2008), was not only a business

In re Amendments to the Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2011-11-03

Citation: 84 So. 3d 192, 2011 Fla. LEXIS 3036, 2011 WL 7758579

Snippet: (f)(6) and (f)(7) were amended to conform to section 440.29(2), Florida Statutes, providing that the deputy

In re Amendments to the Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2011-11-03

Citation: 75 So. 3d 239, 2011 WL 5218961

Snippet: (f)(6) and (f)(7) were amended to conform to section 440.29(2), Florida Statutes, providing that the deputy

Snider v. MUMFORD, INC.

Court: District Court of Appeal of Florida | Date Filed: 2011-07-07

Citation: 65 So. 3d 579, 2011 Fla. App. LEXIS 10576, 2011 WL 2638165

Snippet: his investigatory authority pursuant to section 440.29(1), Florida Statutes (1981). At that time, a claimant

Morton's of Chicago, Inc. v. Lira

Court: District Court of Appeal of Florida | Date Filed: 2010-10-13

Citation: 48 So. 3d 76, 2010 Fla. App. LEXIS 15531, 2010 WL 3984775

Snippet: at issue before the JCC, as permitted by section 440.29(1), Florida Statutes. The record reflects Claimant

Amos v. Gartner, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-08-21

Citation: 17 So. 3d 829, 2009 Fla. App. LEXIS 12742, 2009 WL 2602304

Snippet: Florida Evidence § 103.3 (2008). Although section 440.29(1), Florida Statutes (2008) (stating a JCC shall

Williams v. BCI INDUSTRIES

Court: District Court of Appeal of Florida | Date Filed: 2006-12-01

Citation: 943 So. 2d 911, 2006 WL 3454752

Snippet: Oppenheim, to perform an IME, as authorized by section 440.29(1), Florida Statutes (2005), allowing JCCs to conduct

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Supreme Court of Florida | Date Filed: 2004-12-02

Citation: 891 So. 2d 474, 29 Fla. L. Weekly Supp. 734, 2004 Fla. LEXIS 2168, 2004 WL 2810829

Snippet: following year, the Florida Legislature enacted section 440.29(3), Florida Statutes (Supp.1974), which read: “The

Chavarria v. Selugal Clothing, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-02-03

Citation: 840 So. 2d 1071, 2003 WL 215030

Snippet: judge of compensation claims upon proper motion." § 440.29(4), Fla. Stat. (1999). Nevertheless, appellant

Amendments to the Florida Rules of Workers' Compensation Procedure

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

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

Snippet: adopted with the authority of sections 440.271 and 440.29(3), Florida Statutes, shall govern all workers’