Florida will institute new rules of procedure for workers’ comp adjudication on November 10th. The major novel provisions (according to the blog of Florida Judge David Langham) are:
- new definition of “personally conferred” wherein goal of discussion is privileged over “litigation form letter”
- when a petition is filed in an existing case, the petition must be served on defense counsel if known
- all employers will now be required to register with the OJCC providing a single, general delivery, email and physical address
- new presumption that telephonic attendance in mediation will be allowed for represented adjusters “unless an objection is filed” on the “basis of good cause”
- clarity is provided for the disqualification of mediators
- new pretrial timeline: claimant or counsel must provide their portion of the stipulation form 14 calendar days before the pretrial hearing, to be returned to the claimant or counsel seven days prior to the hearing.
- clarifying amendments: “in no event shall an amendment or supplement be used to raise a new claim or defense that could or should have been raised when the initial pretrial stipulation was filed.” The rule also adds: “the failure to diligently seek and obtain discovery, standing alone, does not constitute good cause for failure to timely raise a claim or defense.”
Read the full post here.
Read an overview from WorkCompCentral (paid content) here.