Corona Virus COVID-19

There is ample information in the news regarding the novel coronavirus, COVID-19. The following information may be of assistance however:

The Florida Department of Health is providing current information on Florida cases. 

On March 1, 2020, Governor DeSantis issued Executive Order 20-51 empowering the Florida Department of Health to take remedial measures. 

If you have traveled abroad, particularly to China, Italy, Iran, or South Korea, the Department of Health recommends that you "self-isolate for 14 days." 

The extensive resource kit regarding COVID-19 is available on the Department of Health website. 

Critical provisions to remember: 

The Judge of Compensation Claims can preside remotely using VTC. 

60Q6.116(4) "The judge may conduct any proceedings using video teleconference equipment approved by the OJCC. In the event that testimony is taken by video teleconference, administration of the oath by the judge during the proceeding is as binding as if the judge and witness were physically present in the same room."

Telephonic participation is within the discretion of the judge. 

60Q6.116(3) "The judge may conduct any proceedings by telephone conference. Testimony may be taken by telephone with the written agreement of all parties or approval by the judge. In such event, the oath shall be administered in the physical presence of the witness by a notary public or officer authorized to administer oaths, unless the parties stipulate to administration of the oath telephonically by the judge or the judge determines good cause exists for the judge to administer the oath telephonically."

The appropriate method to seek relief from the judge is a motion. 

60Q6.115(1) "Any request for an order or for other relief shall be by motion and shall have a title describing the relief requested. The judge may treat any request for relief from an unrepresented party as a motion. All motions shall be in writing unless made on the record during a hearing and shall fully state the relief requested and the grounds relied upon. Any document referenced in any motion shall either have been filed prior to the motion or be attached to the motion."

The assigned mediator may allow any party or attorney to appear by telephone. 

60Q6.110(5)(a) "The adjuster, if represented by counsel, may attend the mediation by phone unless an objection is filed with the mediator on the basis of good cause. The mediator shall have discretion to allow any party and/or that party’s attorney of record to appear at the mediation conference by telephone upon the party’s written request furnished to the mediator and the opposing party or, if represented, the party’s attorney of record no fewer than five days prior to the mediation conference. The expense of telephonic attendance shall be borne by the person or party attending by telephone."

The Deputy Chief Judge can waive mandatory mediation. 

Section 440.25(2): "(2) Any party who participates in a mediation conference shall not be precluded from requesting a hearing following the mediation conference should both parties not agree to be bound by the results of the mediation conference. A mediation conference is required to be held unless this requirement is waived by the Deputy Chief Judge."

The circumstances or cause (COVID-19) may be singular. However, there are a myriad of circumstances that affect workers' compensation disputes periodically. The action therefore remains similar: identify issues or complications, file a motion to accommodate or alleviate them.