Florida Statutes
Fla. Stat. § 440.33 (2025)
Powers of judges of compensation claims.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 53
cases (4 in the last 5 years), 1964–2025 · leading case: Millinger v. Broward Co. Mental Health Div., 672 So. 2d 24 (Fla. 1996).
Millinger v. Broward Co. Mental Health Div., 672 So. 2d 24 (Fla. 1996). “33(1), FLORIDA STATUTES (1993) Alternatively, Millinger asserts that the JCC had inherent authority to vacate and reenter his final order pursuant to section 440.33(1), Florida Statutes (1993), which states: The judge of compensation claims may preserve and enforce order during…”
Sanders v. City of Orlando, 997 So. 2d 1089 (Fla. 2008). “§ 440.33(1), Fla. Stat. (2001) (emphasis supplied).”
Horizon Healthcare v. Murphy, 660 So. 2d 1065 (Fla. 1st DCA 1995). “§ 440.33(1), Fla. Stat. (1991). Section 440.”
Villazano v. Horace Bell Honey Co., 928 So. 2d 515 (Fla. 1st DCA 2006). “") The employer/carrier's argument that the JCC had authority to set such a time limitation pursuant to section 440.33(1), Florida Statutes, is not persuasive.”
Jackson v. Ryan's Fam. Steak House, 27 So. 3d 90 (Fla. 1st DCA 2009). “See § 440.33(1), Fla. Stat. (2002) (stating JCC may do all things conformable to law which may be necessary to enable JCC to effectively discharge duties).”
Carmack v. State, Dep't of Agric., 31 So. 3d 798 (Fla. 1st DCA 2009). “The Employer/Carrier (E/C) responds that, while it did not cite the particular case relied upon by the JCC, the case supported the specific relief sought by the E/C.”
Morgan Yacht Corp. v. Edwards, 386 So. 2d 883 (Fla. 1st DCA 1980). “Section 440.33(1), Florida Statutes (1977), provides that a Judge of Industrial Claims has authority to do all things conformable to law which may be necessary to discharge the duties of the office.”
Karell v. Miami Airport Hilton/Miami Hilton Corp., 668 So. 2d 227 (Fla. 1st DCA 1996). “[2] Section 440.33(1), authorizes a Judge of Compensation Claims to do "all things conformable to law which may be necessary to enable him effectively to discharge the duties of his office.”
Pace v. Miami-dade Cnty. Sch., 868 So. 2d 1286 (Fla. 1st DCA 2004). “See § 440.33, Fla. Stat. (2002) (concerning "powers of judges of compensation claims").”
Demedrano v. Labor Finders of the Treasure Coast, 8 So. 3d 498 (Fla. 1st DCA 2009). “Section 440.33(1), Florida Statutes, directs that a JCC may “do all things conformable to law which may be necessary to enable the judge effectively to discharge the duties of his or her office.”
In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996). “These sanctions are in addition to any sanctions available to the judge pursuant to section 440.33, Florida Statutes. (b) Signature.”
Amendments to Florida Rules of Workers' Comp. Procedure, 603 So. 2d 425 (Fla. 1992). “This rule does not modify and is consistent with the powers and authority conferred upon the ©deputy ©commissioner pursuant to section 440.33, Florida Statutes. 1988 Amendment!.”
— 440.33(1) — 29 cases
Millinger v. Broward Co. Mental Health Div., 672 So. 2d 24 (Fla. 1996). “33(1), FLORIDA STATUTES (1993) Alternatively, Millinger asserts that the JCC had inherent authority to vacate and reenter his final order pursuant to section 440.33(1), Florida Statutes (1993), which states: The judge of compensation claims may preserve and enforce order during…”
Sanders v. City of Orlando, 997 So. 2d 1089 (Fla. 2008). “§ 440.33(1), Fla. Stat. (2001) (emphasis supplied).”
Horizon Healthcare v. Murphy, 660 So. 2d 1065 (Fla. 1st DCA 1995). “§ 440.33(1), Fla. Stat. (1991). Section 440.”
Jackson v. Ryan's Fam. Steak House, 27 So. 3d 90 (Fla. 1st DCA 2009). “See § 440.33(1), Fla. Stat. (2002) (stating JCC may do all things conformable to law which may be necessary to enable JCC to effectively discharge duties).”
Carmack v. State, Dep't of Agric., 31 So. 3d 798 (Fla. 1st DCA 2009). “The Employer/Carrier (E/C) responds that, while it did not cite the particular case relied upon by the JCC, the case supported the specific relief sought by the E/C.”
— 440.33(2) — 8 cases
Villazano v. Horace Bell Honey Co., 928 So. 2d 515 (Fla. 1st DCA 2006). “") The employer/carrier's argument that the JCC had authority to set such a time limitation pursuant to section 440.33(1), Florida Statutes, is not persuasive.”
Horizon Healthcare v. Murphy, 660 So. 2d 1065 (Fla. 1st DCA 1995). “§ 440.33(1), Fla. Stat. (1991). Section 440.”
John Gaul Constr. Co. v. Harbin, 247 So. 2d 33 (Fla. 1971).
BG Willis Painting v. Willis, 413 So. 2d 1276 (Fla. 1st DCA 1982).
Kirk v. Publix Super Markets, 185 So. 2d 161 (Fla. 1966).
— 440.33(3) — 1 case
Fairchild Aircraft v. Raybon, 634 So. 2d 801 (Fla. 1st DCA 1994).
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