Florida Statute 440.33 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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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.

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F.S. 440.33 on CourtListener

Amendments to 440.33

Annotations, Discussions, Cases:

Cases Citing Statute 440.33

Total Results: 49

Sanders v. City of Orlando

997 So. 2d 1089, 2008 WL 4346438

Supreme Court of Florida | Filed: Dec 18, 2008 | Docket: 2490336

Cited 17 times | Published

the Workers' Compensation Act. For example, section 440.33(1) has the following language: The judge of

Millinger v. BROWARD CO. MENTAL HEALTH DIV.

672 So. 2d 24, 1996 WL 108532

Supreme Court of Florida | Filed: Mar 14, 1996 | Docket: 1764148

Cited 14 times | Published

authority to vacate and reenter his final order. SECTION 440.33(1), FLORIDA STATUTES (1993) Alternatively,

Pace v. MIAMI-DADE COUNTY SCHOOL

868 So. 2d 1286, 2004 WL 726824

District Court of Appeal of Florida | Filed: Apr 6, 2004 | Docket: 1510615

Cited 7 times | Published

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

Kirk v. Publix Super Markets

185 So. 2d 161

Supreme Court of Florida | Filed: Mar 30, 1966 | Docket: 1308067

Cited 7 times | Published

authority it is dispelled by the provisions of Section 440.33(1) which specifically empowers the Commission

Villazano v. Horace Bell Honey Co.

928 So. 2d 515, 2006 Fla. App. LEXIS 7162, 2006 WL 1272550

District Court of Appeal of Florida | Filed: May 11, 2006 | Docket: 1713758

Cited 6 times | Published

authority to set such a time limitation pursuant to section 440.33(1), Florida Statutes, is not persuasive. We

Great Am. Banks, Inc. v. DIV. OF ADMIN, ETC.

412 So. 2d 373

District Court of Appeal of Florida | Filed: Nov 25, 1981 | Docket: 730825

Cited 6 times | Published

pursuant to § 440.33, Fla. Stat. Unfortunately, § 120.58(3) is not nearly as explicit as § 440.33(2), which

Morgan Yacht Corp. v. Edwards

386 So. 2d 883

District Court of Appeal of Florida | Filed: Aug 18, 1980 | Docket: 477429

Cited 6 times | Published

Judge of Industrial Claims has this authority. Section 440.33(1), Florida Statutes (1977), provides that

Demedrano v. Labor Finders of the Treasure Coast

8 So. 3d 498, 2009 Fla. App. LEXIS 5009, 2009 WL 1313223

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1654566

Cited 5 times | Published

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

Metropolitan Dade County v. Bermudez

648 So. 2d 197, 1994 Fla. App. LEXIS 12537, 1994 WL 704792

District Court of Appeal of Florida | Filed: Dec 20, 1994 | Docket: 1702027

Cited 5 times | Published

not available to a judge of compensation claims. § 440.33, Fla. Stat. (1993). Compare Fla.R.Work.Comp.P

Threat v. Rogers

443 So. 2d 149

District Court of Appeal of Florida | Filed: Dec 8, 1983 | Docket: 1458366

Cited 5 times | Published

2d 883 (Fla. 1st DCA 1980), which found that Section 440.33(1), Florida Statutes, authorized the deputy

In Re Workmen's Compensation Rules of Procedure

343 So. 2d 1273, 1977 Fla. LEXIS 3860

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 1710473

Cited 5 times | Published

with this section by invoking the authority of § 440.33, Florida Statutes. (g) Format. The record on appeal

Hancock v. Suwannee County School Board

149 So. 3d 1188, 2014 Fla. App. LEXIS 17871, 2014 WL 5487123

District Court of Appeal of Florida | Filed: Oct 31, 2014 | Docket: 60243784

Cited 4 times | Published

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

McArthur v. MENTAL HEALTH CARE, INC.

35 So. 3d 105, 2010 Fla. App. LEXIS 6662, 2010 WL 1930119

District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 1646260

Cited 4 times | Published

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

Karell v. Miami Airport Hilton/Miami Hilton Corp.

668 So. 2d 227, 1996 Fla. App. LEXIS 547, 1996 WL 34057

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 1686942

Cited 3 times | Published

for representation at such depositions.[2] Section 440.33(1), authorizes a Judge of Compensation Claims

Horizon Healthcare v. Murphy

660 So. 2d 1065, 1995 Fla. App. LEXIS 7541, 1995 WL 415446

District Court of Appeal of Florida | Filed: Jul 17, 1995 | Docket: 1635149

Cited 3 times | Published

to issue the instant order. § 440.33(1), Fla. Stat. (1991). Section 440.33(1) provides: Powers of judges

Jacobs v. VOLKER STEVIN CONSTRUCTION

609 So. 2d 132, 1992 WL 353338

District Court of Appeal of Florida | Filed: Dec 1, 1992 | Docket: 1473802

Cited 3 times | Published

circumstances, a JCC has the authority under section 440.33(1), Florida Statutes, to rescind a settlement

BG Willis Painting v. Willis

413 So. 2d 1276

District Court of Appeal of Florida | Filed: May 18, 1982 | Docket: 1345138

Cited 3 times | Published

(deputy) erred: (1) in refusing to exercise her § 440.33(2), Fla. Stat., powers to compel the attendance

John Gaul Construction Company v. Harbin

247 So. 2d 33

Supreme Court of Florida | Filed: Mar 10, 1971 | Docket: 1461682

Cited 3 times | Published

certified to the Circuit Court pursuant to Section 440.33(2), Florida Statutes, F.S.A., for contempt

Carmack v. State, Department of Agriculture

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

District Court of Appeal of Florida | Filed: Nov 17, 2009 | Docket: 1150625

Cited 2 times | Published

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

De La Pena v. Sunshine Bouquet Co.

870 So. 2d 880, 2004 Fla. App. LEXIS 2822, 2004 WL 444546

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 2581539

Cited 2 times | Published

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

Plouffe v. Lake County Sheriff's Office

653 So. 2d 507, 1995 WL 234666

District Court of Appeal of Florida | Filed: Apr 24, 1995 | Docket: 2538276

Cited 2 times | Published

Procedure. We reject Claimant's contention that section 440.33, authorizing a judge of compensation claims

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

220 So. 3d 529, 2017 WL 2438332, 2017 Fla. App. LEXIS 8148

District Court of Appeal of Florida | Filed: Jun 6, 2017 | Docket: 6069482

Cited 1 times | Published

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

MATRIX EMPLOYEE LEASING, INC. v. Pool

46 So. 3d 1147, 2010 Fla. App. LEXIS 16607, 2010 WL 4290652

District Court of Appeal of Florida | Filed: Nov 2, 2010 | Docket: 2400717

Cited 1 times | Published

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

Miami-Dade County v. Fonken

886 So. 2d 1039, 2004 Fla. App. LEXIS 17044, 2004 WL 2534304

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 1696258

Cited 1 times | Published

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

All Clear Locating Services, Inc. v. Shurrum

855 So. 2d 1208, 2003 WL 22326927

District Court of Appeal of Florida | Filed: Oct 13, 2003 | Docket: 1503351

Cited 1 times | Published

allow JCCs to enforce their own *1212 orders. See § 440.33(1), Fla. Stat. (2001); Fla. R. Work. Comp. P.

Christy Siena v. Orange County Fire Rescue and CCMSI

District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71154551

Published

exercise of jurisdiction over the motion under section 440.33, Florida Statutes, Florida Rule of Appellate

Hernandez v. PALMETTO GENERAL HOSPITAL

60 So. 3d 1084, 2011 Fla. App. LEXIS 4373, 2011 WL 1167203

District Court of Appeal of Florida | Filed: Mar 31, 2011 | Docket: 2364700

Published

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

LAKELAND REGIONAL MEDICAL CENTER v. Weech

54 So. 3d 1005, 2010 Fla. App. LEXIS 19945, 2010 WL 5557086

District Court of Appeal of Florida | Filed: Dec 21, 2010 | Docket: 2537201

Published

obtain benefits. We agree with the JCC that section 440.33(2), Florida Statutes (2009), does not apply

Hack v. Drywall

46 So. 3d 1137, 2010 Fla. App. LEXIS 16543, 2010 WL 4273374

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 60296136

Published

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

Jackson v. Ryan's Family Steak House

27 So. 3d 90, 2009 Fla. App. LEXIS 19986, 2009 WL 4912644

District Court of Appeal of Florida | Filed: Dec 22, 2009 | Docket: 2410995

Published

“uncontrovert-ed” based on the record evidence. See § 440.33(1), Fla. Stat. (2002) (stating JCC may do all

Zaldivar v. Shaboun

19 So. 3d 397, 2009 Fla. App. LEXIS 13122, 2009 WL 2777097

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 60254610

Published

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

Capps v. INDUSTRIAL BLOWPIPE

8 So. 3d 466, 2009 Fla. App. LEXIS 3379, 2009 WL 1044939

District Court of Appeal of Florida | Filed: Apr 21, 2009 | Docket: 1654631

Published

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

Hunt v. Staff Leasing

996 So. 2d 254, 2008 WL 5191704

District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 1428956

Published

not his attendant-care provider. Pursuant to section 440.33(1), Florida Statutes, which provides the JCC

Canovas v. Sugar Supply, Inc.

921 So. 2d 26, 2006 Fla. App. LEXIS 434, 2006 WL 141445

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 64842482

Published

15(9)(c). The JCC has jurisdiction, pursuant to section 440.33(1), to “do all things conformable to law which

Thompson v. Awnclean USA, Inc.

849 So. 2d 1129, 2003 Fla. App. LEXIS 10850, 2003 WL 21663685

District Court of Appeal of Florida | Filed: Jul 17, 2003 | Docket: 64824041

Published

sanction in appropriate circumstances, see section 440.33, Florida Statutes (1995), Hanna v. Industrial

McDermott v. Miami-Dade County

753 So. 2d 729, 2000 Fla. App. LEXIS 3302, 2000 WL 290116

District Court of Appeal of Florida | Filed: Mar 21, 2000 | Docket: 64795960

Published

discretion to enter such an order. See generally § 440.33, Fla. Stat (1997) (setting forth powers of JCCs

Delgado v. J.C. Concrete

721 So. 2d 353, 1998 Fla. App. LEXIS 13508, 1998 WL 736307

District Court of Appeal of Florida | Filed: Oct 23, 1998 | Docket: 64784516

Published

discharge the duties of his [or her] office.” § 440.33(1), Fla. Stat. (1993). In disallowing recovery

Feldman v. Deal's Seafood/Cigna

694 So. 2d 870, 1997 Fla. App. LEXIS 6203, 1997 WL 304705

District Court of Appeal of Florida | Filed: Jun 9, 1997 | Docket: 64774097

Published

Rule 4.360(b), or under Rule 4.150, or under section 440.33, Florida Statutes (1995). We note, however

John H. Swisher & Son v. Scantling

690 So. 2d 635, 1997 Fla. App. LEXIS 1814, 1997 WL 90821

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 64772160

Published

remained unpaid. See Fla. R. Work. Comp. 4.150; § 440.33(1), Fla. Stat. (1991). Cf. Horizon Healthcare

In re Amendments to the Florida Rules of Workers' Compensation Procedure

674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

— upon-the deputy commissioner pursuant to -section 440.33, Florida- Statutes, 1988 Amendment, — Subdivision

Fairchild Aircraft v. Raybon

634 So. 2d 801, 1994 Fla. App. LEXIS 3214, 1994 WL 113638

District Court of Appeal of Florida | Filed: Apr 7, 1994 | Docket: 64747424

Published

specific authority conferred upon the JCC by section 440.33(3) to order such evaluation, is misplaced.

Amendments to Florida Rules of Workers' Compensation Procedure

603 So. 2d 425, 17 Fla. L. Weekly Supp. 296, 1992 Fla. LEXIS 1054, 1992 WL 99236

Supreme Court of Florida | Filed: May 14, 1992 | Docket: 64669263

Published

The Florida Bar

535 So. 2d 243, 1988 Fla. LEXIS 1479, 1988 WL 135851

Supreme Court of Florida | Filed: Aug 18, 1988 | Docket: 64639166

Published

conferred upon the Deputy Commissioner pursuant to section 440.33, Fla.Stat. 1988 Committee Note: Subsection

Florida Bar re Workers' Compensation Rules of Procedure

460 So. 2d 898, 9 Fla. L. Weekly 497, 1984 Fla. LEXIS 3647

Supreme Court of Florida | Filed: Nov 29, 1984 | Docket: 64608778

Published

conferred upon the Deputy Commissioner pursuant to section 440.33, Florida Statutes. RULE 4.100 PRETRIAL PROCEDURE

Marion County Hospital District v. Akins

435 So. 2d 272, 1983 Fla. App. LEXIS 19709

District Court of Appeal of Florida | Filed: Jun 17, 1983 | Docket: 64598506

Published

deputy to subpoena hospital records pursuant to Section 440.33, Florida Statutes. We treat the appeal as petition

Hotel Royal Plaza v. Edgar

422 So. 2d 1063, 1982 Fla. App. LEXIS 21821

District Court of Appeal of Florida | Filed: Dec 1, 1982 | Docket: 64593773

Published

effectively discharge the duties of the office, see § 440.-33(1), Florida Statutes, these provisions do not

Stephens v. S. FURNITURE TRANSP., INC.

420 So. 2d 904

District Court of Appeal of Florida | Filed: Oct 19, 1982 | Docket: 1306656

Published

and with no notice to Stephens. Pursuant to Section 440.33(1), Florida Statutes (1981), the deputy commissioner

Riggle v. Board of County Commissioners

284 So. 2d 194, 1973 Fla. LEXIS 4270

Supreme Court of Florida | Filed: Sep 26, 1973 | Docket: 64534967

Published

parties aggrieved by their application. In addition, § 440.33(1) (Powers of Commission) provides, in part, that

Lieber v. Morris Lieber, Inc.

168 So. 2d 313

Supreme Court of Florida | Filed: Oct 28, 1964 | Docket: 64490980

Published

Commission remanding this cause, pursuant to F.S. Section 440.33(1), F.S.A., for hearing de novo before the

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.