Florida Regulations 60Q-6.123

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§ 60Q-6.123 SETTLEMENTS UNDER SECTION 440.20(11), FLORIDA STATUTES

(1) Settlements under Section 440.20(11)(a) or (b).

(a) When a joint petition signed by all parties is filed pursuant to Section 440.20(11)(a) or (b), it shall be accompanied by:

1. the settlement stipulation executed by all attorneys of record and the employee or claimant;

2. a copy of any prior joint petition and order if indemnity benefits were previously settled;

3. a summary or payout sheet indicating total indemnity and medical benefits previously paid, including impairment income benefits;

4. the employee's current work status and other sources of income, social security disability, and, if any, monthly benefit amounts;

5. documentation establishing overall physical maximum medical improvement and psychiatric maximum medical improvement, if either is applicable;

6. when an estimate of future medical needs is not included, a statement that the parties elect to settle without this information;

7. a status letter from the Department of Revenue or the Clerk of the Circuit Court, Central Depository, as to whether the claimant has an arrearage or owes past due support, and, if so, the amount thereof;

8. a letter from counsel stating that the carrier will issue a check in the amount of the arrearage and/or past due support or such other amount to be approved by the judge and that the check will be sent to the Department of Revenue or the Clerk of the Circuit Court, Central Depository;

9. any other evidence in the possession of the parties and their attorneys that is material to the disposition of the settlement;

10. for settlements under Section 440.20(11)(a), the notice(s) of denial; and

11. for settlements under Section 440.20(11)(b), the required notice to the employer, a maximum medical improvement report, documentation of the permanent impairment rating, information concerning the need for future medical care, and other essential medical information.

(b) The date and description of all accidents/injuries included in the settlement must be specified.

(c) Language regarding a general release of all liability or claims shall not be included, and no such general release or separate releases shall be attached.

(d) For settlements under Section 440.20(11)(a) and when a hearing is deemed necessary by the judge for settlements under Section 440.20(11)(b), the attorney for the employer/carrier shall contact the judge to schedule a hearing date and shall promptly notify the claimant of the hearing date, time, and location.

(2) Settlements under Section 440.20(11)(c), (d), and (e).

(a) When a motion for approval of attorney's fees is filed pursuant to Section 440.20(11)(c), (d), or (e), it shall be accompanied by:

1. an attorney's fee data sheet setting forth sufficient information to justify the amount of the attorney's fee and setting forth the benefits obtained by the claimant's attorney, and an affidavit specifying the statutory factors forming the basis for the variance if the claimant's attorney seeks an attorney's fee in excess of the statutory percentage fee; and

2. a status letter from the Department of Revenue or the Clerk of the Circuit Court, Central Depository, as to whether the claimant has an arrearage or owes past due support and, if so, the amount thereof, and a letter from counsel stating that the carrier will issue a check in the amount of the arrearage and/or past due support or such other amount to be approved by the judge or that claimant's counsel will deposit the settlement proceeds in a trust account and will issue a check in the amount of the arrearage and/or past due support or such other amount to be approved by the judge and that the check will be sent to the Department of Revenue or the Clerk of the Circuit Court, Central Depository.

(b) No hearing shall be held except as deemed necessary by the judge.

Specific Authority 440.45 (1)(a), (4) FS.

Law Implemented 440.20(11), 440.45 (1)(a), (4) FS.

History--New 2-23-03.