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Florida Statute 440.33 | Lawyer Caselaw & Research
F.S. 440.33 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. 440.33
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 from cite.case.law:

DELGADO, v. CITY CONCRETE SYSTEMS, INC. FCCI, 220 So. 3d 529 (Fla. Dist. Ct. App. 2017)

. . . See also § 440.33(1), Fla, Stat. (describing the powers of a JCC). . . .

HANCOCK, v. SUWANNEE COUNTY SCHOOL BOARD, 149 So. 3d 1188 (Fla. Dist. Ct. App. 2014)

. . . . § 440.33(1), Fla. Stat. (2012). . . .

HERNANDEZ, v. PALMETTO GENERAL HOSPITAL,, 60 So. 3d 1084 (Fla. Dist. Ct. App. 2011)

. . . Section 440.33(1) authorizes the JCC to “do all things conformable to law which may be necessary to enable . . .

LAKELAND REGIONAL MEDICAL CENTER v. M. WEECH,, 54 So. 3d 1005 (Fla. Dist. Ct. App. 2010)

. . . We agree with the JCC that section 440.33(2), Florida Statutes (2009), does not apply to the situation . . . Section 440.33(2) provides that: If any person in proceedings before the judge of compensation claims . . . After listing various actions that could result in disruptions in the process of trying a case, section 440.33 . . . Thus, we reject the E/C’s argument that application of section 440.33(1), Florida Statutes (2009), giving . . . Nothing in the language of section 440.33(2) suggests that it applies to the broader notion of contempt . . .

MATRIX EMPLOYEE LEASING, INC. FWCIGA c o v. POOL,, 46 So. 3d 1147 (Fla. Dist. Ct. App. 2010)

. . . Because the JCC is empowered to do all things conformable with law pursuant to section 440.33(1), Florida . . .

E. HACK, v. DRYWALL Co., 46 So. 3d 1137 (Fla. Dist. Ct. App. 2010)

. . . Sanders, 997 So.2d at 1094; see also § 440.33(1), Fla. Stat. (2008). . . .

McARTHUR, v. MENTAL HEALTH CARE, INC. SUMMIT CLAIMS CENTER,, 35 So. 3d 105 (Fla. Dist. Ct. App. 2010)

. . . not reach the question of what type of sanctions the JCC is authorized to impose pursuant to section 440.33 . . .

N. JACKSON, v. RYAN S FAMILY STEAK HOUSE, 27 So. 3d 90 (Fla. Dist. Ct. App. 2009)

. . . See § 440.33(1), Fla. . . . the evidence unconscionably excessive, to pose questions to the witnesses (as is permitted by section 440.33 . . .

CARMACK, v. STATE DEPARTMENT OF AGRICULTURE, 31 So. 3d 798 (Fla. Dist. Ct. App. 2009)

. . . .” § 440.33(1), Fla. Stat. (2008). . . .

RICHARD E. ZALDIVAR, P. A. v. SHABOUN, Le, 19 So. 3d 397 (Fla. Dist. Ct. App. 2009)

. . . Section 440.33(1), Florida Statutes (2002) provides that, when a matter is properly before a judge of . . .

DEMEDRANO, v. LABOR FINDERS OF TREASURE COAST, 8 So. 3d 498 (Fla. Dist. Ct. App. 2009)

. . . Section 440.33(1), Florida Statutes, directs that a JCC may “do all things conformable to law which may . . .

T. CAPPS, v. INDUSTRIAL BLOWPIPE AND BROADSPIRE- TAMPA,, 8 So. 3d 466 (Fla. Dist. Ct. App. 2009)

. . . Section 440.33(1), Florida Statutes, provides that a judge of compensation claims may “do all things . . .

HUNT, v. STAFF LEASING, 996 So. 2d 254 (Fla. Dist. Ct. App. 2008)

. . . Pursuant to section 440.33(1), Florida Statutes, which provides the JCC has the power to “do all things . . .

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

. . . Section 1-440.33(b) instead plainly provides that a lien in real property attaches upon the docketing . . . Gen.Stat. § 1-440.33(b). . . . Id. § l-440.33(b), (d)-(e). . . . Gen.Stat. § l-440.33(c) also apply to bank accounts. . . . Gen.Stat. §§ 1-440.33(c) (emphasis added). . . .

SANDERS, v. CITY OF ORLANDO,, 997 So. 2d 1089 (Fla. 2008)

. . . For example, section 440.33(1) has the following language: The judge of compensation claims may ... do . . . which may be necessary to enable the judge effectively to discharge the duties of his or her office. § 440.33 . . .

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

. . . Gen.Stat. 1-440.33(c)); Edwards v. . . .

VILLAZANO, v. HORACE BELL HONEY CO., 928 So. 2d 515 (Fla. Dist. Ct. App. 2006)

. . . employer/carrier’s argument that the JCC had authority to set such a time limitation pursuant to section 440.33 . . . carrier’s assertion that the JCC had authority to dismiss the petition as a sanction pursuant to section 440.33 . . .

CANOVAS, v. SUGAR SUPPLY, INC., 921 So. 2d 26 (Fla. Dist. Ct. App. 2006)

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

MIAMI- DADE COUNTY, v. FONKEN,, 886 So. 2d 1039 (Fla. Dist. Ct. App. 2004)

. . . . § 440.33, Fla. Stat. (1998). See North Shore Med. Ctr. v. . . .

L. PACE J. v. MIAMI- DADE COUNTY SCHOOL, 868 So. 2d 1286 (Fla. Dist. Ct. App. 2004)

. . . See § 440.33, Fla. Stat. (2002) (concerning “powers of judges of compensation claims”). . . .

DE LA PENA, v. SUNSHINE BOUQUET COMPANY, 870 So. 2d 880 (Fla. Dist. Ct. App. 2004)

. . . . § 440.33, Fla. Stat. (1998). Therefore, we affirm the denial of the petition for rule nisi. . . . .

ALL CLEAR LOCATING SERVICES, INC. v. SHURRUM,, 855 So. 2d 1208 (Fla. Dist. Ct. App. 2003)

. . . See § 440.33(1), Fla. Stat. (2001); Fla. R. Work. Comp. P. 4.150. V. . . .

THOMPSON, v. AWNCLEAN USA, INC., 849 So. 2d 1129 (Fla. Dist. Ct. App. 2003)

. . . while the JCC possesses the authority to impose a sanction in appropriate circumstances, see section 440.33 . . .

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

. . . sanctions under rule 4.150 may be imposed or punitive actions authorized under sections 440.32 and 440.33 . . .

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

. . . sanctions under rule 4.150 may be imposed or punitive actions authorized under sections 440.32 and 440.33 . . . sanctions under rule 4.150 may be imposed or punitive actions authorized under sections 440.32 and 440.33 . . .

McDERMOTT, v. MIAMI- DADE COUNTY,, 753 So. 2d 729 (Fla. Dist. Ct. App. 2000)

. . . See generally § 440.33, Fla. . . .

In D. MEDLIN, M. D. v., 229 B.R. 353 (Bankr. E.D.N.C. 1998)

. . . . § l-440.33(b)(l). . . .

DELGADO, v. J. C. CONCRETE CNA, 721 So. 2d 353 (Fla. Dist. Ct. App. 1998)

. . . .” § 440.33(1), Fla. Stat. (1993). . . .

J. FELDMAN, v. DEAL S SEAFOOD CIGNA,, 694 So. 2d 870 (Fla. Dist. Ct. App. 1997)

. . . not have the authority to impose sanctions under Rule 4.360(b), or under Rule 4.150, or under section 440.33 . . .

JOHN H. SWISHER SON ITT v. SCANTLING,, 690 So. 2d 635 (Fla. Dist. Ct. App. 1997)

. . . Comp. 4.150; § 440.33(1), Fla. Stat. (1991). Cf. Horizon Healthcare v. . . .

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

. . . consistent--with the powers and authority-conferred — upon-the deputy commissioner pursuant to -section 440.33 . . . sanctions under rule 4.150 may be imposed or punitive actions authorized under sections 440.32 and 440.33 . . . These sanctions are in addition to any sanctions available to the judge pursuant to section 440.33, Florida . . . this hearing, sanctions under rule 4.150 may be imposed or punitive actions authorized under section 440.33 . . . sanctions under rule 4,150 may be imposed or punitive actions authorized under sections 440.32 and 440.33 . . .

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

. . . asserts that the JCC had inherent authority to vacate and reenter his final order pursuant to section 440.33 . . . Edwards, 386 So.2d 883, 884 (Fla. 1st DCA 1980), section 440.33(1) was interpreted as giving a JCC the . . . is no qualitative difference between Morgan Yacht and this case, the JCC had authority under section 440.33 . . . Therefore, the broad interpretation given to section 440.33(1) in Morgan Yacht, where an order was procured . . .

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

. . . jurisdictional authority can be implied from several statutory provisions as follows: sections 440.30; 440.33 . . . Section 440.33(1), authorizes a Judge of Compensation Claims to do “all things conformable to law which . . . with the settlement efforts of the EAO, or to find such power implied from the provisions of section 440.33 . . . Unlike section 440.30, dealing with the taking of depositions, and unlike section 440.33(1), as implemented . . .

HORIZON HEALTHCARE U. S. F. G. v. MURPHY,, 660 So. 2d 1065 (Fla. Dist. Ct. App. 1995)

. . . . § 440.33(1), Fla.Stat. (1991). . . . Section 440.33(1) provides: Powers of judges of compensation claims. (1) The judge of compensation claims . . . The JCC also clearly has authority to impose sanctions. § 440.33(1), Fla.Stat.; Fla.R.Work.Comp.P. 4.150 . . . Section 440.33(2) provides: "If any person in proceedings before tibe judge of compensation claims disobeys . . . claim and should certify enforcement problems to the circuit court for sanctions pursuant to section 440.33 . . . The order requiring that memoranda be filed was authorized by section 440.33(1), Florida Statutes (1993 . . .

PLOUFFE, v. LAKE COUNTY SHERIFF S OFFICE, 653 So. 2d 507 (Fla. Dist. Ct. App. 1995)

. . . We reject Claimant’s contention that.section 440.33, authorizing a judge of compensation claims to do . . .

HUMANA OF FLORIDA. INC. d b a s L. M. D. L. M. D. P. A. v. McKAUGHAN McKAUGHAN, a FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. McKAUGHAN McKAUGHAN, a SOLOMON, M. D. M. D. P. A. v. McKAUGHAN McKAUGHAN, a, 652 So. 2d 852 (Fla. Dist. Ct. App. 1995)

. . . Compare § 766.312 with §§ 440.24(1); 440.33(2), Fla.Stat. (1993). . . .

METROPOLITAN DADE COUNTY, v. BERMUDEZ,, 648 So. 2d 197 (Fla. Dist. Ct. App. 1994)

. . . . § 440.33, Fla.Stat. (1993). Compare Fla.R.Work.Comp.P. 4.090(d) with Fla.R.Civ.P. 1.380. . . .

HANNA, v. INDUSTRIAL LABOR SERVICE, INC., 636 So. 2d 773 (Fla. Dist. Ct. App. 1994)

. . . . § 440.30 & 440.33, Fla.Stat.; Fla.R.Work.Comp. 4.090(a) (discovery); Fla.R.Civ.P. 1.380(d). Fla. . . .

FAIRCHILD AIRCRAFT v. G. RAYBON,, 634 So. 2d 801 (Fla. Dist. Ct. App. 1994)

. . . Department under section 440.49(l)(a), and under the specific authority conferred upon the JCC by section 440.33 . . .

AMENDMENTS TO FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 603 So. 2d 425 (Fla. 1992)

. . . consistent with the powers and authority conferred upon the ©deputy ©commissioner pursuant to section 440.33 . . . this hearing, sanctions under rule 4.150 may be imposed or punitive actions authorized under section 440.33 . . .

THE FLORIDA BAR. In Re WORKERS COMPENSATION RULES OF PROCEDURE, 535 So. 2d 243 (Fla. 1988)

. . . consistent with the powers and authority conferred upon the Deputy Commissioner pursuant to section 440.33 . . .

In MILLERBURG, Jr. SS XXX- XX- XXXX, 61 B.R. 125 (Bankr. E.D.N.C. 1986)

. . . . § l-440.33(c). . . .

THE FLORIDA BAR RE WORKERS COMPENSATION RULES OF PROCEDURE, 460 So. 2d 898 (Fla. 1984)

. . . consistent with the powers and authority conferred upon the Deputy Commissioner pursuant to section 440.33 . . .

MARION COUNTY HOSPITAL DISTRICT, v. M. AKINS,, 435 So. 2d 272 (Fla. Dist. Ct. App. 1983)

. . . 395.017(3), Florida Statutes, on the power of the deputy to subpoena hospital records pursuant to Section 440.33 . . .

S. STEPHENS, v. SOUTHERN FURNITURE TRANSPORTS, INC., 420 So. 2d 904 (Fla. Dist. Ct. App. 1982)

. . . Pursuant to Section 440.33(1), Florida Statutes (1981), the deputy commissioner has the authority to . . .

B. G. WILLIS PAINTING v. B. G. WILLIS, 413 So. 2d 1276 (Fla. Dist. Ct. App. 1982)

. . . compensation order, contending that the deputy commissioner (deputy) erred: (1) in refusing to exercise her § 440.33 . . . the deputy’s failure to certify the E/C’s non-appearing witnesses to the circuit court pursuant to § 440.33 . . . that the witnesses be certified to the circuit court for possible contempt proceedings, pursuant to § 440.33 . . .

GREAT AMERICAN BANKS, INC. L. v. DIVISION OF ADMINISTRATIVE HEARINGS, DEPARTMENT OF ADMINISTRATION, 412 So. 2d 373 (Fla. Dist. Ct. App. 1981)

. . . enforcement of process orders by a deputy commissioner in a workers’ compensation matter pursuant to § 440.33 . . . Unfortunately, § 120.58(3) is not nearly as explicit as § 440.33(2), which provides: If any person in . . .

MORGAN YACHT CORPORATION BEATRICE FOODS v. J. EDWARDS,, 386 So. 2d 883 (Fla. Dist. Ct. App. 1980)

. . . on flagrant fraud and misrepresentations as present in this case is an authority granted by Section 440.33 . . .

KENNETH M. MYERS, 46 Fla. Supp. 74 (Fla. P.S.C. 1977)

. . . Under the provisions of §440.33(2), F.S., the judges of the Industrial Relations Commission must go to . . .

In WORKMEN S COMPENSATION RULES OF PROCEDURE, 343 So. 2d 1273 (Fla. 1977)

. . . sponte, or on motion of a party, secure compliance with this section by invoking the authority of § 440.33 . . .

WATSON, v. WATSON,, 424 F. Supp. 866 (E.D.N.C. 1976)

. . . Garnishment is provided for in Chapter 1, North Carolina General Statutes, Sections 440.15-440.33. . . .

RIGGLE, v. BOARD OF COUNTY COMMISSIONERS, UNDERWRITERS ADJUSTING CO., 284 So. 2d 194 (Fla. 1973)

. . . In addition, § 440.33(1) (Powers of Commission) provides, in part, that “The division or commission may . . .

JOHN GAUL CONSTRUCTION COMPANY v. HARBIN, 247 So. 2d 33 (Fla. 1971)

. . . signifies that the stated failures of claimant should be certified to the Circuit Court pursuant to Section 440.33 . . .

STATE, CARTER v. FLORIDA INDUSTRIAL COMMISSION,, 28 Fla. Supp. 143 (Leon Cty. Cir. Ct. 1967)

. . . (Section 440.33, Florida Statutes, and Kirk v. . . .

KIRK, Jr. v. PUBLIX SUPER MARKETS,, 185 So. 2d 161 (Fla. 1966)

. . . If there is any doubt that it has this authority it is dispelled by the provisions of Section 440.33( . . . In Section 440.33 the Legislature enumerated the powers of the Commission. . . . dismiss the claim, and that he should have certified the matter to the circuit court pursuant to Sec. 440.33 . . .

LIEBER, v. MORRIS LIEBER, INC., 168 So. 2d 313 (Fla. 1964)

. . . Section 440.33(1), F.S.A., for hearing de novo before the deputy commissioner upon the claim for compensation . . .

GENERAL ACCIDENT GROUP, v. LIEBER,, 146 So. 2d 896 (Fla. 1962)

. . . We find that the Rule is a reasonable one authorized by Secs. 440.29(2) and 440.33(1) of the Workmen’ . . .