Litigation procedures

Tampa workman comp lawyer

When a benefit is denied or not authorized, and there is just cause to file for those benefit(s), a Petition for Benefits (PFB) is filed. Generally, after a PFB has been filed the insurance company's attorney will take the claimant's deposition. Mediation will occur within 120 days of filing the PFB (generally, it is closer to 60-90 days). A final hearing will be scheduled within 210 days of filing the PFB (again, generally, it is 60-90 days following the mediation). The deposition of lay witnesses and/or medical experts can be taken at any time following the filing of the PFB, but generally takes place after mediation. This is in hope that the matter will be amicably resolved prior to or at mediation. This is a general time-line, and in no way is case-specific, but simply a guide to the normal flow of resolving a dispute in a workers' compensation claim. A final hearing in a workers' compensation matter is tried by a Judge of Compensation Claims (JCC), an administrative law judge. Generally, in court proceedings a jury is the trier of fact and the judge a trier of law. However, in workers' compensation proceedings in Florida, the JCC is the trier of law and fact.

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Rules

The rules governing litigation/dispute resolution of workers' comepnsation procedures are generally referred to as the 60Q rules, which can be found here.