Florida/Georgia Personal Injury & Workers Compensation

...and employees alike," section 440.015, Florida Statutes (1995), the common law Frye standard could not be a bar to a claimant's recovery. 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 providers relating to the claimant and subject accident shall be received into evide...

...While we recognize that compensation proceedings may generally be more flexible and informal in nature, through careful examination it becomes plain that these assertions are without merit. First, adoption of the Frye standard within the worker's compensation system does not conflict with the abovequoted portion of section 440.29(4), because this section's mandated admission of "medical reports" does not speak on the issue of expert opinions. This statutory provision only ensures the admission into evidence of the written records of the claimant's treating physicians, and does not address the content of expert opinion testimony. See § 440.29(4), Fla. Stat. (2001). Thus, section 440.29 has no bearing on the question before us....

...The term "authorized treating provider" is not defined in chapter 440. Nevertheless, a review of other sections in chapter 440 reveals that the clear *840 meaning of the term is treating providers authorized by the employer/carrier/servicing agent. For example, similar to the statute at issue in this case, section 440.29(4), Florida Statutes (Supp.1994), provides in pertinent part: "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...

...Rogachefsky provided his orthopedic impairment rating as part of his medical chart rather than in testimony, "[a]ll medical reports of authorized treating health care providers relating to the claimant and subject accident *1075 shall be received into evidence by the judge of compensation claims upon proper motion." § 440.29(4), Fla....

...and employees alike," section 440.015, Florida Statutes (1995), the common law Frye standard could not be a bar to a claimant's recovery. 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 providers relating to the claimant and subject accident shall be received into evide...

...If there were a conflict in the medical evidence submitted at a hearing, the judge could compel an examination by a disinterested doctor, and assess the related charges as costs in the proceeding. Section 440.25(3)(d), Fla. Stat. (1991). 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). By the time of the hearing in the present case, the Workers' Compensation Law had been extensively revised. The judge's investigative power under section 440.29(1) was unchanged, but the judge's authority was somewhat altered with regard to the consequences of a conflict in the medical evidence....

...benefits awardable, as permitted by Florida Rule of Appellate Procedure 9.180(b)(1)(C). 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....

...We further find that section 440.13(2)(k), Florida Statutes (Supp. 1990), does not impermissibly encroach upon the supreme court's rulemaking authority under article V, section 2(a), Florida Constitution. Workers' compensation hearings are not conducted in article V courts, and we note that section 440.29(3), Florida Statutes, provides the supreme court with statutory rulemaking authority "except to the extent that such rules conflict with the provisions of this chapter." The due process and access to the courts issues which the claiman...

...ial than quasi-judicial. Id. Thus, the initial stated authority for adopting procedural rules regarding workers’ compensation proceedings was based in part on this Court’s rulemaking authority. The following year, the Florida Legislature enacted section 440.29(3), Florida Statutes (Supp.1974), which read: “The practice and procedure before the commission and the judges of industrial claims shall be governed by rules adopted by the Supreme Court.” Ch....

...Rather than citing the Court’s previous opinion or the rulemaking provision of the *476 Constitution, the Court relied on the statutory authority to adopt the rules, stating that the petition of the Industrial Relations Commission requesting the adoption of the rules was authorized “under the provisions of Section 440.29(3), Florida Statutes.” Id....

...2 In 1979, the Court again adopted rules of procedure for workers’ compensation. See In re Florida, Workers’ Compensation Rules of Procedure, 374 So.2d 981, 981 (Fla.1979). The Court stated -that the basis for its authority to adopt the rules came from the Legislature and sections 440.29(3) and 440.25(d), Florida Statutes (1979)....

...See Amendments to Florida Rules of Workers’ Compensation Procedure, 603 So.2d 425 , 425 n. 3 (Fla.1992). Since that time, the Court has cited this constitutional provision as the basis for its jurisdiction. 5 As noted above, in 1974 the Legislature enacted section 440.29(3), Florida Statutes, which provided “The practice and procedure before the commission and the judges of industrial claims shall be governed by rules adopted by the Supreme Court.” In 1978, section 440.29(3), Florida Statutes, was amended to add the phrase, “except to the extent that such rules conflict with the provisions of this chapter.” See Ch....

...Butterworth, 756 So.2d 52, 61 (Fla.2000) (quoting State ex rel. Buckwalter v. City of Lakeland, 112 Fla. 200 , 150 So. 508, 512 (1933)). To the extent that the Florida Legislature authorized this Court to promulgate workers’ compensation rules of procedure in section 440.29(3), Florida Statutes, we conclude that that this was an unconstitutional delegation of executive branch authority to the judicial branch in violation of the Separation of Powers Clause of the Florida Constitution....

...He noted that the Court did not have the authority to adopt the rules for administrative tribunals, and that article V, section 2(a) of the Florida Constitution limited the Court’s rulemaking authority to courts. Id. at 1275. He also disagreed with the conclusion that section 440.29(3), Florida Statutes (1975), conferred on this Court the authority to adopt rules, noting that without constitutional underpinnings the statute could not validly confer responsibility on this Court....

...*833 Admissibility of FCE Report The Florida Evidence Code applies to workers' compensation proceedings. U.S. Sugar v. Henson, 823 So.2d 104, 106 (Fla.2002); Alford v. G. Pierce Woods Mem'l Hosp., 621 So.2d 1380, 1382 (Fla. 1st DCA 1993); see generally Charles W. Ehrhardt, Florida Evidence § 103.3 (2008). 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' com...

...Myint, claimant himself, and one other witness who testified at hearing, adequately supports the JCC's findings regarding causation and the conditions of the ablative bonding area in which claimant worked, independent of the Glumb transcript. As to the JCC's admission of the Glumb transcript, we note that section 440.29(1), Fla. Stat. permits a JCC more latitude than judges of general jurisdiction. Section 440.29(1) provides that a JCC "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." However, in Odom v....

...If there was at the time of the injury 0.10 percent or more by weight of alcohol in the employee's blood, it shall be presumed, in the absence of substantial evidence to the contrary, that the injury was occasioned primarily by the intoxication of the employee... . [4] See § 440.29(1), Florida Statutes.

...pinion regarding the cause of claimant's medical condition. We do not entirely agree for the following reasons. A judge of compensation claims is authorized to order an independent medical examination pursuant to his investigatory powers provided in section 440.29(1), Florida Statutes (1987)....

...sicians). Accordingly, we reverse the requirement that employer and carrier bear the expense of the independent medical examination, and affirm the remainder of the order. AFFIRMED IN PART and REVERSED IN PART. BOOTH and WOLF, JJ., concur. NOTES [1] § 440.29(1), Fla....

...By petition the Chairman and members of the Industrial Relations Commission of Florida request this Court to adopt Workmen's Compensation Rules of Practice and Procedure before the Commission and the Judges of Industrial Claims. This petition is authorized under the provisions of Section 440.29(3), Florida Statutes, which was enacted by the Legislature in 1974, Ch....

...[3] In re Florida Workmen's Compensation Rules of Procedure, 285 So.2d 601 (Fla. 1973). [4] 285 So.2d at 601. The Court's approval, however, was granted only "to the extent authorized in the Constitution...." 285 So.2d at 602. [5] Ch. 74-197, § 16, Laws of Florida. The present § 440.29(3), Fla....

...There has been no allegation that the remedial treatment furnished was inadequate or otherwise inappropriate. The order appealed makes no such finding, but is apparently based upon the judge's desire to have a third evaluation in light of the claimant's assertion that she continues to experience pain in the injured thumb. Section 440.29(1), Fla....

...This rule reverses that concept, and one must now designate those portions of the proceedings which are to be included. 1980 Amendment. 18. (a) This change is intended to conform the rules to the legislative mandate (or comport with the legislative intent) set out in section 440.29(2), Florida Statutes, which requires hearings before the deputy commissioner to be reported and authorizes the division to contract for the reporting of the hearing....

...osts to be borne by the appellants. Section 440.25(3)(b), Fla. Stat., is inapplicable, since there was no conflict in the medical evidence. Section 440.25(6), Fla. Stat., is inapplicable because it does not provide for the assessment of costs, while § 440.29(1), Fla....

...Certiorari is granted, the order of the Full Commission is quashed and the cause remanded with directions to reinstate the Judge's Order. It is so ordered. DREW, CARLTON and ADKINS, JJ., and SPECTOR, District Judge, concur. ROBERTS, Acting C.J., and BOYD, J., concur in judgment. NOTES [1] Section 440.29, F.S.A.

...must be concluded that the claimant, in fact, had not applied for work at Nettie's nursery, as testified. *333 The testimony of the investigator was obviously hearsay under the rules of evidence. See Section 90.801, Florida Statutes (1981). Although Section 440.29(1), Florida Statutes (1981), provides, in part, that in compensation hearings "the deputy commissioner shall not be bound by technical or formal rules of procedure, except as provided by this chapter," neither that section nor any othe...

...nsideration of the above-referred hearsay testimony. REVERSED and REMANDED. WENTWORTH and ZEHMER, JJ., concur. NOTES [1] It is interesting to note that prior to a legislative amendment in 1941, Comp.Gen.Laws Supp. 1936, § 5966(29) (a predecessor to Section 440.29) specifically provided that workers compensation proceedings would not be bound either "by technical or statutory rules of evidence" or "technical or formal rules of procedure." The 1941 amendment struck the former, that is, the clause pertaining to the rules of evidence....

...See Florida Welding & Erection Service v. Martin, 452 So.2d 101 (Fla. 1st DCA 1984). But the present case does not involve such conflict. And while an additional evaluation might be approved in accordance with the deputy's investigatory authority pursuant to section 440.29(1), Florida Statutes, this cost may not be charged to the employer/carrier....

...d certify enforcement problems to the circuit court for sanctions pursuant to section 440.33(2). The Florida Supreme Court however subsequently adopted rule 4.150, observing that its then-new power to adopt rules is expressly granted by amendment to section 440.29(3), Florida Statute....

...The 1979 legislature substantially revised chapter 440, Florida Statutes, pertaining to workmen's compensation proceedings, effective October 1, 1979. Chs. 79-40 and 79-312, Laws of Fla. Among other matters, the legislature authorized the Court to promulgate procedural rules relating to practice before deputy commissioners (section 440.29(3)) and to appeals from deputy commissioners to the First District Court of Appeal (section 440.25(d))....

...I respectfully dissent from the Court's adoption of rules one through fifteen, for the reasons expressed in my dissenting opinion in In re Workmen's Compensation Rules of Procedure, 343 So.2d 1273 (Fla. 1977). The fact that the 1979 legislature amended and retained in effect section 440.29(3), Florida Statutes, [*] does not change to any extent the views which I previously expressed....

...The 1988 law further provides that “[i]n making an investigation or inquiry or conducting a hearing, the deputy commissioner . . . may make such investigation or inquiry, or conduct such hearing, in such a manner as to best ascertain the rights of the parties.” § 440.29(1), Fla....

...with such examination and testimony may be assessed as costs in the proceeding, subject to the provisions of s. 440.13(3)(a). The deputy commissioner was also permitted to order medical examinations based upon his investigatory authority pursuant to section 440.29(1), Florida Statutes (1981)....

...At that time, a claimant was not required to pay for an examination ordered by the deputy commissioner at the claimant's suggestion. See Public Gas Co. v. Monette, 658 So.2d 673, 674 (Fla. 1st DCA 1995) (approving JCC's appointment of an IME, pursuant to section 440.29(1), Florida Statutes (1991), with physician chosen by claimant); see also Berry Corp. v. Smith, 576 So.2d 1366, 1367 (Fla. 1st DCA 1991) (holding JCC may order IME pursuant to section 440.29(1), Florida Statutes (1987), but JCC may not require E/C to pay for examination unless, as stated in section 440.25(3)(b), Florida Statutes (1987), there is conflict in medical evidence)....

...Roberts further maintains that, without a hearing, this court cannot find the order supported by competent substantial evidence, see Maysles v. May, 251 So.2d 251 (Fla. 1971) (not possible for findings to be supported by CSE without a hearing upon which findings could be based). Ben Hill counters with citation to section 440.29(1), Florida Statutes (1991), which provides that, in making an investigation or inquiry or conducting a hearing, the JCC is not bound by technical or formal rules of procedure, but may do so in such manner as to best ascertain the rights of the parties....

...Corp. v. Smith, 576 So.2d 1366 (Fla. 1st DCA 1991), and argues that thus the JCC did not have to hold a hearing before entering the order herein. We find that Berry did not obviate the requirements of Fla.R.Work.Comp.P. 4.140(a) by its holding that section 440.29(1) authorizes the JCC to order an IME as an exercise of his investigatory powers....

...We deny the petition because the law governing this June 22, 1987, date of accident gives the JCC broad discretion in . ordering an IME. See, e.g., Berry Corp. v. Smith, 576 So.2d 1366, 1367 (Fla. 1st DCA 1991) (holding JCC authorized to order IME using investigatory power provided in section 440.29(1), Florida Statutes (1987))....

...his rule. (g)-(i) [No change] Committee Notes 1996 Adoption. [No change] 2011 Amendments. Subdivision (b)(4) was amended to provide for the use of form 9.900(c) in appeal of non-final orders. Subdivisions (f)(6) and (f)(7) were amended to conform to section 440.29(2), Florida Statutes, providing that the deputy chief judge, not the lower tribunal, is authorized to designate the manner in which hearings are recorded and arrange for the preparation of records on appeal....

...Therefore, we reverse and remand for the JCC to either establish MMI according to Dr. McKinnon's testimony or state an adequate reason for rejecting such testimony. As to the second issue, a JCC is authorized to order an IME pursuant to the investigatory powers provided in section 440.29(1), Florida Statutes (1991); Berry Corp....

...§ 440.25(3)(d), Fla. Stat. (1991); Berry, supra ; Sanlando Reprographics v. Vidimos, 545 So.2d 397 (Fla. 1st DCA 1989); Amoco Container Company v. Singh, 418 So.2d 395 (Fla. 1st DCA 1982). In this case, the JCC was authorized to order the IME pursuant to section 440.29(1), Florida Statutes....

...explain the JCC's erroneous ruling. That, however, does not excuse the ruling or immunize it from review because JCCs have an independent obligation to research and be familiar with the law governing the issues presented to them for resolution. Cf. § 440.29(1), Fla....

...ying upon, unauthenticated correspondence to support her denial of physical therapy, costs, and attorney’s fees where Claimant objected on authentication and hearsay grounds. She asserts that the correspondence was not a “medical report” under section 440.29(4), Florida Statutes (2011), and the Employer/Carrier (E/C) did not set forth an intent to rely on such a report as required by statute....

...Meli opined that Claimant’s current symptoms were not related to her industrial accident. Claimant’s counsel argued that the document was inadmissible because it was hearsay and had not been authenticated. Claimant’s counsel further argued that the E/C had not overcome the evidentiary requirements under section 440.29(4), because the correspondence in question was not, in fact, a medical record, and introduction of the 2009 correspondence was not made upon proper motion in accordance with section 440.29(4). The E/C’s counsel indicated that he had not followed the procedure set forth in section 440.29(4) because he had not planned to use the document in his “case-in-chief.” Thereafter, the E/C’s counsel withdrew his statement that he would not be prejudiced by proceeding with the merits hearing. Claimant’s counsel renewed his objection to the introduction of Dr. Meli’s 2009 correspondence on the bases of hearsay, authentication, untimeliness under section 440.29(4), and the fact that it was not an office note contemporaneous with an office visit....

...was a conference summary, not a medical report — but found that the evidence at trial did not support this contention. Claimant timely appealed. Analysis Initially, it is noted that the JCC did not make findings as to whether the E/C complied with section 440.29(4), Florida Statutes, whether the document in question was admissible, that is, whether the documents were authenticated, non-hearsay, or exceptions to hearsay, or whether the document in question was indeed a medical record....

...lt of Claimant’s counsel’s objection to the E/C’s counsel’s request for a continuance. Because this is not a basis for the admission of evidence, the order on appeal may be reversed on this basis alone. Statutory Compliance— § Ji,k0.29(U) Section 440.29(4), Florida Statutes (2011), provides: All medical reports of authorized treating health care providers relating to the claimant and subject accident shall be received into evidence by the [JCC] upon proper motion....

...Patterson, 91 So.3d 264, 265 (Fla. 1st DCA 2012), this court stated “The clear purpose of this statute is to streamline the evidentiary process and do away with the necessity of calling a records custodian to introduce certain medical records.” Medical Reports. Section 440.29(4) provides that “[a]ll medical reports of authorized treating health care providers relating to the claimant and subject accident” are admissible “upon proper motion.” The provision allows the admission of specified medical re...

...Section 90.901, Florida Statutes (2011), states, “Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” Section 440.29(4) permits only the medical records of the healthcare providers authorized by the E/C submitted by motion more than thirty days before the hearing (addressing due process concerns) to “be received into evidence ......

...The thirty-day notice assures that the opposing party will have sufficient time to verify the authenticity of the records. Absent a bona fide dispute concerning the veracity of the records, requiring independent proof of authenticity would defeat the purpose of the statute. Thus, section *573 440.29(4), if adhered to, provides not only a hearsay exception, but also satisfaction of the requirement “that the matter in question is what its proponent claims.” See Patterson, 91 So.3d at 265 . Here, counsel for the E/C conceded that the E/C had not followed the procedure set forth in section 440.29(4). Thus, to the extent the JCC made an implicit finding that the E/C followed the procedure set forth in section 440.29(4), so as to afford hearsay and authentication exceptions, this was error as this finding is not supported by the record....

...The Florida Evidence Code applies to workers’ compensation proceedings. U.S. Sugar v. Henson, 823 So.2d 104, 106 (Fla.2002); Alford v. G. Pierce Woods Mem’l Hasp., 621 So.2d 1380, 1382 (Fla. 1st DCA 1993); see generally Charles W. Ehrhardt, Florida Evidence § 103.3 (2011). 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’ c...

...7 7 After Henson was released, the Daubert standard, specifically Federal Rule of Evidence 702, controlled the issue of 6  In answering the question affirmatively, the supreme court specifically addressed section 440.29(4), Florida Statutes (2001)....

...nd (3) the present workers’ compensation system allows the JCC to evaluate competing medical testimony and make a determination on admissibility of expert opinions and superseded the prior precedent of Frye. See Daubert, 509 U.S. at 587-88. 8 Section 440.29(4) instructs as follows: 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. § 440.29(4), Fla....

...440.015, Florida Statutes (1995), the common law Frye standard could not be a bar to a claimant’s recovery. In addition, [Henson] 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 providers relating to the claimant and subject accident shall be r...

...[expert medical advisor] opinion “is presumed to be correct unless there is clear and convincing evidence to the contrary.” Henson, 823 So. 2d at 108 (emphasis added) (quoting Henson, 787 So. 2d at 10). 9 Regarding application of section 440.29(4), considering Frye, the supreme court found no conflict, reasoning as follows: 9 Additional argument encompassed section 440.105, Florida Statutes (1995), that further provides, “It is the intent of the Legislature that the...

...bility and medical benefits to an injured worker . . . .” 8  First, adoption of the Frye standard within the worker’s compensation system does not conflict with the above-quoted portion of section 440.29(4), because this section’s mandated admission of “medical reports” does not speak on the issue of expert opinions. This statutory provision only ensures the admission into evidence of the written records of the claimant’s treating physicians and does not address the content of expert opinion testimony. See § 440.29(4), Fla. Stat. (2001). Thus, section 440.29 has no bearing on the question before us. Id....

...Our analysis here is on a clean slate as we contemplate an amended version of the statute and/or different statutes altogether. The Henson opinion did not address section 440.25(4)(d). Furthermore, declarations in Henson resulted from the sole question of whether section 440.29(4), rendering admissible all medical reports of authorized treating health care providers in a workers’ compensation proceeding, precluded application of the Frye standard....

...Sch., 301 So. 3d 1005 (Fla. 1st DCA 2019); 12 2006: The Florida Supreme Court issues Ibar v. State, 938 So. 2d 451 (Fla. 2006), announcing that the Frye standard, rather than Daubert, applied in Florida; 2010: Section 440.29(3), provides that, “The practice and procedure before the judge of compensation claims shall be governed by the rules adopted by the Supreme Court. . . .” * Contrary to In Re Amend. to the Rules of Workers’ Comp. Proc., 891 So. 2d at 474; 2011: Legislature amends section 440.29(3) to, “The practice and procedure before the judge of compensation claims shall be governed by the rules adopted by the Office of Judges of Compensation Claims.” *Now, consistent wit...

...2d 1161, 1164 (Fla 1st DCA 2008) (noting that, even if an EMA’s opinion is found by a JCC to not merit application of the statutory presumption of correctness, the opinion remains in evidence and “is, at bottom, a source of ‘assistance’ to the JCC”). “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’ c...

relating to practice before deputy commissioners (section 440.29(3)) and to appeals from deputy commissioners

...ANSTEAD, C.J., SHAW, WELLS, PARIENTE, LEWIS, and QUINCE, JJ., and HARDING, Senior Justice, concur. APPENDIX FLORIDA RULES OF WORKERS’ COMPENSATION PROCEDURE PART I. TRIAL PROCEEDINGS RULE 4.010. GENERAL PROVISIONS These rules, adopted with the authority of sections 440.271 and 440.29(3), Florida Statutes, shall govern all workers’ compensation proceedings before the judges of compensation claims and in the District-Court of Appeal, — First District....

...Does either party agree to provide a court reporter? (circle one) Claimant: yes no E/C/SA: yes no Name of court reporter: _ IV. ATTORNEYS’ CERTIFICATE AND MOTION We certify that we have personally discussed the pretrial stipulations and the issues raised by the petition and have been unable to resolve the issues. Under section 440.29(4), Florida Statutes, we,.(names)., move into evidence all medical reports of authorized physicians exchanged at the time of the pretrial hearing or served on opposing counsel at least 30 days before the final hearing....

conducting workmen’s compensation hearings by Section 440.29, Florida Statutes (1975), we hold that due

...Dr. Easterling’s opinion. Accepting Dr. Easterling’s opinion here was error because the E/C never authenticated Dr. Easterling’s medical records. Contrary to the E/C’s argument below and on appeal, the exception to authentication provided by section 440.29(4), Florida Statutes, does not apply to independent medical examinations....

comport with the legislative intent) set out in F.S. 440.29(2) which requires hearings before the Deputy

.../SA: yes no Name of court reporter: IV. ATTORNEYS’ CERTIFICATE AND MOTION We certify that we have personally discussed the pretrial stipulations and the issues raised by the petition and have been unable to resolve the issues. Pursuant — toUnder section 440.29(4), Florida Statutes, we, .(names)., move into evidence all medical reports of authorized physicians exchanged teat the time of the pretrial hearing or served on opposing counsel at least 30 days before the final hearing....

medical evidence, no such requirement appears in Section 440.29(1). Under Lu-Mar Enterprises, Inc. v. Mazur

...his rule. (g)-(i) [No change] Committee Notes 1996 Adoption. [No change] 2011 Amendments. Subdivision (b)(4) was amended to provide for the use of form 9.900(c) in appeal of non-final orders. Subdivisions (f)(6) and (f)(7) were amended to conform to section 440.29(2), Florida Statutes, providing that the deputy chief judge, not the lower tribunal, is authorized to designate the manner in which hearings are recorded and arrange for the preparation of records on appeal....

...pt. We review here the order entered by the Commission. F.S. section 440.25(4) (b), F.S.A. requires an appellant to have prepared, in accordance with such rules as the Commission may prescribe, a transcript of the proceedings before the Deputy. F.S. section 440.29(2), F.S.A., provides that the “* * * commission shall by regulation provide for the preparation of a record of the hearings and other proceedings before it and shall be permitted to charge for transcripts of testimony * * the same fees as are allowed by law to reporters and clerks of courts of this state for like services.” (Emphasis added.) In General Accident Group v. Lieber (Fla.1962), 146 So.2d 896 , we sustained as within the authority conferred by Section 440.29(2) the power of the Commission to require an appellant to timely deposit the cost of preparing a transcript pursuant to Rule 6(b) as a necessary and reasonable procedural incident to a review by the Commission. We think it reasonably follows from the permissive nature of the authority conferred it in Section 440.29(2) that the Commission is empowered to relieve indigent appellants from the cost of preparing transcripts even though the additional administrative expenses occasioned will eventually be provided by insurance companies writing compensa...

...In the case at bar, as in the Helms case, the claim of the surviving widow was not upon any right which vested in the decedent at the time of his death. It was upon a right which allegedly vested in the widow by virtue of the Workmen’s Compensation Act. Coupled with the provision of § 440.29, Florida Statutes, F.S.A., that the Commission shall not be bound by technical or formal rules of procedure but may conduct the hearing in such manner as to best ascertain the rights of the parties, this leads us to the conclusion that the Dead Man’s Statute should not be applied to workmen’s compensation cases....

*391reports,” they fall outside the scope of section 440.29(4), Florida Statutes (Supp.1994), and Florida

...Does either party agree to provide a court reporter? (circle one) Employee: yes no_E/C/SA: yes no Name of court reporter: IV. ATTORNEYS’ CERTIFICATE AND MOTION We certify that we have personally discussed the pretrial stipulations and the issues raised by the petition and have been unable to resolve the issues. Pursuant to section 440.29(4), Florida Statutes, we,.(names)., move into evidence all medical reports of authorized physicians exchanged to the time of the pretrial hearing or served on opposing counsel at least 30 days before the final hearing....

...mmissioner for further proceedings consistent with the views herein expressed. CARROLL, DONALD, J., concurs. . Townsley v. Miami Roofing & Sheet Metal Co., Fla.1955, 79 So.2d 785 ; University of Miami v. Matthews, Fla.1957, 97 So.2d 111 . . F.S. § 440.29(1), F.S.A., ....

...Enacted as Chapter 74-197, Section 16, Laws of Florida, re-enacted as Chapter 75-209, Section 14, Laws of Florida. (Rules of practice and procedure were the only ones the commission or judges were empowered to create before the amendment. See Chapter 440, Florida Statutes [1973]). Section 440.29(3), Florida Statutes (1975)....

on its statutory rule-making authority under section 440.29(3), Florida Statutes. See also In re Florida

...Id. at 479. Despite the clear declaration of the supreme court in 2004 that it did not have jurisdiction to promulgate rules of workers’ compensation procedure, the OJCC may have assumed supreme court adoption of such rules was required under section 440.29(3), Florida Statutes (2010), which stated, “The practice and procedure before the judges of compensation claims shall be governed by the rules adopted by the Supreme Court, except to the extent that such rules conflict with the provisions of this chapter.” (Emphasis added.) However, section 440.29(3) was subsequently amended in 2011 to provide: “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.” § 440.29(3), Fla. Stat. (2011) (emphasis added). Thus, pursuant to the supreme court and the plain language of section 440.29(3), there exists no statutory or constitutional grant of rulemaking authority to the supreme court in workers’ compensation proceedings....

...branch, does not require the JCC to reject the opinion testimony of any expert, medical or otherwise, nor does it give any preference to the testimony of an EMA. The Claimant asserts that the presumption is also contrary to the post-2011 amended version of section 440.29(3). Notably, the Claimant does not challenge the applicability of section 440.13(9)(c) to her date of accident which would require a procedural or substantive review....

...t procedure in a workers’ compensation proceeding is subject to statutory regulation, 5 and in this instance, the statutory authority provided to the OJCC is limited “to the extent that such rules conflict with the provisions of this chapter.” § 440.29(3), Fla....

chapter 440 regarding a petition for benefits. § 440.29(1), Fla. Stat. Here, the JCC concluded “there

PER CURIAM. 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 90.803(6), Florida Statutes, but also an exception to the section 90.901, Florida Statutes, rule requiring documents be authentica...

...cerning her choice of treatment regimens; and (4) awarding attorney’s fees and costs. We affirm the JCC’s determinations on the third and fourth issues without further comment. We also affirm the first two issues based on the following analysis. Section 440.29(4), Florida Statutes, first appeared in the extensive re-write of chapter 440 enacted in the 1993 special legislative session. See Ch. 93-415, § 32, at 153, Laws of Fla. Section 440.29(4), Florida Statutes (2008), provides: All medical reports of authorized treating health care providers relating to the claimant and subject accident shall be received into evidence by the [JCC] upon proper motion....

...This section does not limit any right of further discovery, including, but not limited to, depositions. The clear purpose of this statute is to streamline the evidentiary process and do away with the necessity of calling a records custodian to introduce certain medical records. Medical Reports. Section 440.29(4) provides that “[a]ll medical reports of authorized treating health care providers relating to the claimant and subject accident” are admissible “upon proper motion.” The provision allows the admission of specified medical re...

...Ehrhardt, Florida Evidence § 103.3 (2011 ed.) (emphasis added). Records custodians are normally called for two purposes, to establish that the records meet the criteria of the business records hearsay exception and to establish the authenticity of the records. Section 440.29(4) relates only to the reports of physicians authorized by the E/C to provide the claimant with medical treatment....

...See ITT/Palm Coast Utils. v. Douglas, 696 So.2d 390 (Fla. 1st DCA 1997) (reversing JCC’s receipt into evidence, over claimant’s objection, of medical narrative and addendum created for purposes of litigation, because they fell outside scope of section 440.29(4))....

...Section 90.901, Florida Statutes (2008), states, “[ajuthentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” Section 440.29(4) permits only the medical records of the healthcare providers authorized by the E/C (not independent medical examiners, for instance) submitted by motion more than thirty days before the hearing (addressing due process concerns) to “be received into evidence ......

...upon proper motion.” The thirty-day notice assures that the E/C will have sufficient time to verify the authenticity of the records. Absent a bona fide dispute concerning the veracity of the records, requiring independent proof of authenticity would defeat the purpose of the statute. We, thus, read section 440.29(4) to provide not only a hearsay exception, but also to satisfy the requirement “that the matter in question is what its proponent claims.” *266 The E/C also challenges the JCC’s failure to require Claimant to prove that the seco...

...He complained of pain radiating down his right leg, lower back, cervical spine, shoulder and right facial pain. The Claimant described the origin of his symptoms as the November 2, 2014, work accident. He did not address the baseball bat incident. In preparation for hearing, the E/C filed medical records in compliance with section 440.29(4), Florida Statutes....

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

...The E/C’s petition for modification here framed a dispute concerning medical benefits, within the scope of the statute. A JCC has broad discretion to order an IME. Bedwell v. Stone Container Corp., 174 So. 3d 1127 (Fla. 1st DCA 2015) (citing JCC’s broad investigatory authority under pre-1990 law in § 440.29(1), Fla....

...e presented was insufficient to enable him to reach a decision whether Williams was suffering from a neurological condition, and, in order to resolve the question, he appointed a neurologist, Dr. Ronald Oppenheim, to perform an IME, as authorized by section 440.29(1), Florida Statutes (2005), allowing JCCs to conduct investigations....

by technical or formal rules of procedure, see § 440.29(1), Florida Statutes, and may “do all things conformable

the judge’s investigative powers *156under section 440.29, Florida Statutes, authorize such an appointment

however, indicates that the JCC relied upon section 440.29(1), Florida Statutes, which provides: In making

the Florida Industrial Commission. . Fla.Stat. § 440.29 (1967), F.S.A.; Jarvis v. Miami Retreat Foundation

made by the claimant prior to his death. See § 440.-29(1), Fla.Stat. (1977). However, we reverse the