Florida Statute 440.33 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.33

440.33 Powers of judges of compensation claims.—

(1) The judge of compensation claims may preserve and enforce order during any such proceeding; issue subpoenas for, administer oaths or affirmations to, and compel the attendance and testimony of witnesses, or the production of books, papers, documents, and other evidence, or the taking of depositions before any designated individual competent to administer oaths; examine witnesses; and do all things conformable to law which may be necessary to enable the judge effectively to discharge the duties of her or his office. Whenever a law requires an order of a court of competent jurisdiction for the obtention of medical or hospital records, an order of a judge of compensation claims entered for such purposes shall be deemed to be an order of a court of competent jurisdiction.

(2) If any person in proceedings before the judge of compensation claims disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the hearing, or neglects to produce, after having been ordered to do so, any pertinent book, paper, or document, or refuses to appear after having been subpoenaed, or upon appearing refuses to take oath or affirmation as a witness, or after having taken the oath refuses to be examined according to law, the judge of compensation claims shall certify the facts to the court having jurisdiction in the place in which it is sitting, which shall thereupon in a summary manner hear the evidence as to the acts complained of and, if the evidence so warrants, punish such person in the same manner and to the same extent as for a contempt committed before the court, or commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process of or in the presence of the court.

(3) Before adjudicating a claim for permanent total disability benefits, the judge of compensation claims may request an evaluation pursuant to s. 440.491(6) for the purpose of assisting the judge of compensation claims in the determination of whether there is a reasonable probability that, with appropriate training or education, the employee may be rehabilitated to the extent that such employee can achieve suitable gainful employment and whether it is in the best interest of the employee to undertake such training or education.

History.—s. 33, ch. 17481, 1935; CGL 1936 Supp. 5966(33); ss. 17, 35, ch. 69-106; s. 17, ch. 75-209; s. 23, ch. 78-300; ss. 26, 124, ch. 79-40; s. 21, ch. 79-312; s. 13, ch. 80-236; s. 11, ch. 83-305; ss. 18, 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 10, ch. 91-46; s. 119, ch. 97-103; s. 64, ch. 2004-5.

F.S. 440.33 on Google Scholar

F.S. 440.33 on Casetext

Amendments to 440.33

Arrestable Offenses / Crimes under Fla. Stat. 440.33

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.33.

Annotations, Discussions, Cases:

Cases Citing Statute 440.33

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: under chapter 440. See §§ 440.192, 440.25, 440.29, 440.33, 440.45, Fla. Stat.; cf. Art. V, § 1, Fla. Const…material to the dispute. See §§ 440.25(4), 440.29, 440.33, Fla. Stat. “[T]he weighing of evidence and judging

Jose Delgado v. City Concrete Systems, Inc. and FCCI Insurance company

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-06T00:00:00-07:00

Citation: 220 So. 3d 529

Snippet: attorney’s fee under section 440,34(1). See also § 440.33(1), Fla, Stat. (describing the powers of a JCC)

Hancock v. Suwannee County School Board

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-31T00:00:00-07:00

Citation: 149 So. 3d 1188

Snippet: conformable to law” in carrying out such duties. § 440.33(1), Fla. Stat. (2012). Accordingly, the JCC may

Hernandez v. PALMETTO GENERAL HOSPITAL

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-31T00:00:00-07:00

Citation: 60 So. 3d 1084

Snippet: JCC abused his or her discretion."). Section 440.33(1) authorizes the JCC to "do all things conformable

LAKELAND REGIONAL MEDICAL CENTER v. Weech

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-21T00:00:00-08:00

Citation: 54 So. 3d 1005

Snippet: obtain benefits. We agree with the JCC that section 440.33(2), Florida Statutes (2009), does not apply to …890 So.2d 1128, 1129 (Fla. 1st DCA 2004). Section 440.33(2) provides that: If any person in proceedings …disruptions in the process of trying a case, section 440.33(2) concludes by directing the JCC to certify facts…E/C's argument that application of section 440.33(1), Florida Statutes (2009), giving JCCs the power…requested here. Nothing in the language of section 440.33(2) suggests that it *1007 applies to the broader

MATRIX EMPLOYEE LEASING, INC. v. Pool

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-02T00:00:00-07:00

Citation: 46 So. 3d 1147

Snippet: things conformable with law pursuant to section 440.33(1), Florida Statutes (2007), the JCC has jurisdiction

Hack v. Drywall

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-29T00:00:00-07:00

Citation: 46 So. 3d 1137

Snippet: office.” Sanders, 997 So.2d at 1094; see also § 440.33(1), Fla. Stat. (2008). Consequently, the JCC erred

McArthur v. MENTAL HEALTH CARE, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-14T00:00:00-07:00

Citation: 35 So. 3d 105

Snippet: JCC is authorized to impose pursuant to section 440.33 or Florida Administrative Code Rule 60Q-6.125 because

Jackson v. Ryan's Family Steak House

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-22T00:00:00-08:00

Citation: 27 So. 3d 90

Snippet: uncontroverted" based on the record evidence. See § 440.33(1), Fla. Stat. (2002) (stating JCC may do all things…questions to the witnesses (as is permitted by section 440.33(1)) to establish the record basis for the reduction

Carmack v. State, Department of Agriculture

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-17T00:00:00-08:00

Citation: 31 So. 3d 798, 2009 Fla. App. LEXIS 17145, 2009 WL 3817923

Snippet: to discharge the duties of her or his office.” § 440.33(1), Fla. Stat. (2008). Florida’s appellate courts

Zaldivar v. Shaboun

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-28T00:00:00-07:00

Citation: 19 So. 3d 397, 2009 Fla. App. LEXIS 13122

Snippet: the statute before granting the motion. Section 440.33(1), Florida Statutes (2002) provides that, when

Demedrano v. Labor Finders of the Treasure Coast

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-13T00:00:00-07:00

Citation: 8 So. 3d 498

Snippet: out in chapter 440, Florida Statutes. Id. Section 440.33(1), Florida Statutes, directs that a JCC may "

Capps v. INDUSTRIAL BLOWPIPE

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-21T00:00:00-07:00

Citation: 8 So. 3d 466

Snippet: out in chapter 440, Florida Statutes. Id. Section 440.33(1), Florida Statutes, provides that a judge of

Sanders v. City of Orlando

Court: Fla. | Date Filed: 2008-12-18T00:00:00-08:00

Citation: 997 So. 2d 1089

Snippet: Workers' Compensation Act. For example, section 440.33(1) has the following language: The judge of compensation…to discharge the duties of his or her office. § 440.33(1), Fla. Stat. (2001) (emphasis supplied). Thus

Hunt v. Staff Leasing

Court: Fla. Dist. Ct. App. | Date Filed: 2008-12-11T23:53:00-08:00

Citation: 996 So. 2d 254

Snippet: his attendant-care provider. Pursuant to section 440.33(1), Florida Statutes, which provides the JCC has

Villazano v. Horace Bell Honey Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-11T00:53:00-07:00

Citation: 928 So. 2d 515

Snippet: set such a time limitation pursuant to section 440.33(1), Florida Statutes, is not persuasive. We do … the petition as a sanction pursuant to section 440.33(2), Florida Statutes, because the JCC did not dismiss

Canovas v. Sugar Supply, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-20T00:00:00-08:00

Citation: 921 So. 2d 26

Snippet: . The JCC has jurisdiction, pursuant to section 440.33(1), to “do all things conformable to law which

Miami-Dade County v. Fonken

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-09T23:53:00-08:00

Citation: 886 So. 2d 1039

Snippet: enforce his or her own interlocutory orders. § 440.33, Fla. Stat. (1998). See North Shore Med. Ctr. v

Pace v. MIAMI-DADE COUNTY SCHOOL

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-06T00:53:00-07:00

Citation: 868 So. 2d 1286

Snippet: the Florida Rules of Professional Conduct. See § 440.33, Fla. Stat. (2002) (concerning "powers of

De La Pena v. Sunshine Bouquet Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-09T23:53:00-08:00

Citation: 870 So. 2d 880

Snippet: enforce his or her own interlocutory orders. § 440.33, Fla. Stat. (1998). Therefore, we affirm the denial