What's Hot in Workers' Comp, Vol. 24, No. 4, April 2020

How COVID-19 Is Affecting Florida Workers' Compensation

  • The Office of Judges of Compensation Claims in Florida has ordered all mediations to be held telephonically through March 27th.
  • The Office of Judges of Compensation Claims district offices remain open, and Judges of Compensation Claims are directed to use their discretion in managing their dockets.
  • For DOAH hearings scheduled outside of Tallahassee, where telephone or video would be impractical, the hearings will be continued until the expiration of the Governor’s initial travel prohibition. If the travel prohibition is extended, the need for additional continuances will be evaluated on a case-by-case basis.
  • Any party with concerns or requirements regarding their ability to appear for a live hearing should communicate those concerns/requirements by motion to the appropriate Judge of Compensation Claims.
  • For more information and updates, visit the website of the State of Florida Division of Administrative Hearings, Office of the Judges of Compensation Claims at https://www.jcc.state.fl.us/JCC/.

Workers’ compensation carriers and TPAs are already receiving many workers’ compensation claims for Coronavirus/COVID-19 exposure. In Florida, these claims should be treated as exposure and/or occupational injuries. Pursuant to FS 440.02(1) and 440.151(1)(a) and (2), these claims have a higher standard of burden of proof and require claimants to prove causation, using a clear and convincing burden of proof. For any questions or legal opinions on compensability, please contact us.