Amendments to Florida Rules of Workers' Compensation Procedure (603 So. 2d 425, 1992)

Florida Supreme Court 1992-05-14

Citations

Full opinion text

PER CURIAM.

Pursuant to rule 2.130(e) of the Florida Rules of Judicial Administration, the Worker’s Compensation Rules Committee filed a petition with this Court submitting proposed amendments to the Florida Rules of Workers’ Compensation Procedure. Rule 2.130(e) permits the committee, with the approval of the board of governors of The Florida Bar, to submit proposals of an emergency nature to this Court. The committee and the board of governors both concluded that the proposed changes were needed immediately in light of the 1989 and 1990 legislative changes to the Workers’ Compensation Act. We agreed and accepted jurisdiction to consider the proposed amendments.

The following is a brief summary of the material changes as set forth in the proposed amendments:

(1) The workers’ compensation trial rules (part A) have been amended to reflect the legislature’s redesignation of the title deputy commissioner to judge of compensation claims and to allow for the use of facsimile machines to effectuate service;

(2) The workers’ compensation appellate rules (part B) were rewritten to clarify the language of the rules and to reorganize the contents of the rules to conform more closely with the format used in the Florida Rules of Appellate Procedure and a new procedure was created regarding the discretionary review of nonfinal orders;

(3) A new part (part C) was proposed to provide a set of rules to implement 1989 and 1990 legislation authorizing mediation as an alternative resolution process for workers’ compensation disputes; and

(4) A substantial number of the forms set forth in the rules (part D) were amended in response to either new legislation or criticism from practitioners, and the notice of appeal form was revised to set forth the specific benefits that are the subject matter of an appeal.

A draft of the rule changes was unanimously approved by the board of governors of The Florida Bar, and no comments on the proposed amendments were received in response to their publication in the Florida Bar News on December 1, 1991. After a review of the committee’s proposals, we adopt the amendments to the Florida Rules of Workers’ Compensation Procedure as they are set out following this opinion. The amended rules are effective immediately upon the filing of this opinion.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.

FLORIDA RULES OF WORKERS’ COMPENSATION PROCEDURE

PART A. TRIAL PROCEEDINGS

RULE 4.010. SCOPE AND TITLE

These rules, adopted and promulgated pursuant to the legal authority of the Supreme Court of Florida, shall govern all workers’ compensation proceedings in and before Deputy Commissionersthe judges of compensation claims and the District Court of Appeal, First District.

These rules shall be cited as Florida Rules of Workers’ Compensation Rales-of Procedure, and may be abbreviated Ha, Ifc©J©P,Fla.R.Work.Comp.P.

Committee Notes

1979 Adoption!. This replaces ©rule 1, W.C.R.P. There is no substantive change except to the changed title of trial forum from “Jjudge of Industrial ©claims” to “©deputy ©commissioner/’ and “lindustrial ©relations ©commission” to “District Court of Appeal, First District”

1992 Amendment. The rules are amended throughout to reflect the change in the title “deputy commissioner” to “judge of compensation claims.”

RULE 4.020. DEFINITIONS

Throughout these rules, unless the context or subject matter otherwise requires:

(a) “©district ©court” means the District Court of Appeal, First District,;

(b) “©clerk” means the clerk of the ©district ©court,;

(c) “©division” means the Division of Workers’ Compensation of the Florida Department of Labor and Employment Security

(d) “department” means the Florida Department of Labor and Employment Securi- &

(de) “Deputyjudge” means Deputy Com-missionerjudge of compensation claims pursuant to ©chapter 440, Florida Statutes,;

(ef) “©chief commissionerjudge” means the chief commissionerjudge of compensation claims appointed by the Governor, serving in the Department of Labor and Employment Security, pursuant to ©chapter 440, Florida Statutes,;

(£g) lin construing these rules, where-when the context indicates, the singular includes the plural and vice versa^ and the masculine includes the feminine and neuter and vice versa,

(gh) ©filing shall be accomplished by placement with the ©division, the Deputy Commissionerjudge of compensation claims, or the clerk of the ©district ©court as the context of ©chapter 440, Florida Statutes, or these rules requires,;

(bi) “©carrier” means any licensed insurance carrier, self-insured employer, self-insurance fund or pool providing workers’ compensation insurance coverage pursuant to ©chapter-440, Florida Statutes, and includes the servicing agents of self-insureds,;

(ij) “©claimant” means any person making a claim for workers’ compensation benefits or payments as permitted by ©chapter 440, Florida Statutes. A “claimant” is a party within the meaning of these rules,;

(jk) “©pleading” means any paper or document filed under these rules invoking the jurisdiction of or seeking relief from the Deputy Commissionerjudge of compensation claims or any court under ©chapter 440, Florida Statutes.

Committee Notes

1979 Adoption;. These definitions adapt to the 1979 legislation by which, for instance, the Bureau of Workmen’s Compensation was upgraded to a Division [of Workers’ Compensation]. This replaces rule 2, 1977 W.C.R.P.

1988 Amendment;. This rule is revised to include definitions of “carrier” (to include self-insureds and servicing agents) and “claimant” (to include any party with standing to bring a claim under ©chapter 440, Florida Statutes).

RULE 4.022. FORMS OF PLEADING

Pleadings in proceedings before the Bep-uty Commissionerjudge of compensation claims under these rules shall substantially conform to these rules unless otherwise ordered by the Deputy-Commissionerjudge of compensation claims. All pleadings (and notices or subpoenas, if originated by a party or an attorney) shall be signed by the party in interest and/or their party's attorney of record. All pleadings shall contain the mailing address and telephone number of the party or attorney filing the pleading. Pleadings shall be typewritten or printed on 8V2" by 11" bond paper. Proposed orders, except as otherwise provided in these rules, shall be accompanied by an original and one copy for the use of the Deputy Commissionerjudge of compensation claims together with enough copies and pre-ad-dressed envelopes to permit service on all parties and counsel of record.

Committee Notes

1988 Adoption;. This rule is intended to standardize the form of pleadings and the preparation of documents by counsel for the use of the ©deputy ©commissioner.

RULE 4.030. FILING AND SERVICE

(a) Filing. Unless otherwise ordered or otherwise provided by these rules or ©chapter 440, Florida Statutes, any pleading or other papers filed in the proceedings shall be served on each party.

(b) Method and Proof of Service.

(1) Same; How Made. When service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court. Service on the attorney or party shall be made by delivering a copy to hhathe attorney’s or party’s at his last known address. Delivery of a copy within this rule shall mean (a) handing it to the attorney or to the party, or (b) leaving it at the attorney’s office with hfea clerk or other person in charge thereof, or (c) if there is no one in charge, leaving it in a conspicuous place therein, or (d) if the office is closed or the person to be served has no office, leaving it at histhe person’s usual place of abode with somea member of the personnel his family above the age of fif-tee»15 years of age and informing such person of the contents, or (e) by United States mail, postage prepaid, to the last known address of the party or attorney. Service by mail shall be complete upon mailing.

The use of facsimile machines also is permitted when available. When a facsimile machine is used, a cover sheet providing the sender’s name and telephone number shall be included and a copy of the document shall be sent simultaneously to the recipient by mail. The sending party shall retain proof of transmission. Delivery shall be complete on transmission of a complete facsimile of the document.

(2) Certifícate of Service. When required, any attorney or unrepresented party shall certify in substance:

'T certify that a copy hereof has been furnished to .(here insert name or names and address or addresses).by .(method of delivery) (mail).this . day of., 19.

Attorney (or unrepresented party)” The certificate shall be taken as prima facie proof of such service in compliance with these rules.

(c) Service by Mail. When service is effectuated by mail, fiv©5 days shall be added to the time allowed for the performance of any act required to be done, or allowed to be done, within a certain time after service. (This subsectionsubdivision does not apply to the filing requirements for institution of appellate proceedings or notices of hearing.),

(d) Subpoenas. Issuance, servk^ and proof of service of subpoenas of the Deputy — Commissionerjudge of compensation claims shall be in the form and manner provided by the Florida Statutes and the Florida Rules of Civil Procedure.

Committee Notes

1979 Adoption;. This replaces Rrule 2(h), 1977 W.C.R.P., which merely provided “ ‘Service’ shall be as provided in the Florida Rules of Civil Procedure.”

Subsectiondivision (c) replaces Rrule 3(b), W.C.R.P. 1977. The caveat to the filing of appellate proceedings is to warn of the jurisdictional nature of (^section 440.-25(4)(f), Florida, Statutes (1979), which provides:

Beginning on October 1, 1979, procedures with respect to appeals from orders of deputy commissioners shall be governed by rules adopted by the Supreme Court. Such an order shall become final 30 days after mailing of copies of such order to the parties, unless appealed pursuant to such rules. The provisions of paragraphs (a)-(e) shall apply only until September 30, 1979.

1984 RevisioniAmendment. Clarifies Rrules 3(c) and 8(a) by specifically excluding fifteen (lSjFay hearing notice from operation of Rrule 3(c).

1988 Amendments. This rule is not intended to confer standing to sue on any person not accorded such standing by Florida Statutes.

RULE 4.040. COMPUTATION OF TIME

In computing any period of time prescribed or allowed by these rules, by order, or by applicable statute, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included. If any act required to be done, or allowed to be done, falls upon a Saturday, Sunday, or legal holiday, performance of saidthat act shall be required upon the next regular working day.

Committee Notes

1979 Adoptions. This replaces Rrule 3(a), 1977 W.C.R.P.

RULE 4.050. CLAIMS

Claims and notices to controvert shall be filed with the ©division at its office in the City-of Tallahassee. Claims shall be subject to adjudication or dismissal only by order of-the Deputy Commissionerjudge of compensation claims or reviewing court.

Committee Notes

1979 Adoptions. This replaces Rrule 4, 1977 W.C.R.P.

It appears to be the view of the Division of Workers’ Compensation (hereafter “Division”) that the filing of a claim-r-r^_the form of that claim-r^ and all massaging of that claim prior to the same being assigned to a deputy commissioner [for judicial function] pursuant to an application for hearing, is solely and totally within the purview of the division and ought not be addressed by these Workers’ Compensation Rules of Procedure, or any other rules except those of the division. §Section 440.-19(2)(d), Floridar StaRutesT (1979)¿ provides that:

Such claim shall be filed with the division at its office in Tallahassee and shall contain the name and address of the employee, the name and address of the employer, and a statement of the time, place, nature, and cause of the injury, of such fairly equivalent information as will put the division and the employer on notice with respect to the identity of the parties and the specific compensation benefit which is due but has not been paid or is not being provided. Any claim, or portion thereof, not in compliance with this subsection shall be subject to dismissal upon motion of any interested party, the division, or the deputy commissioners.

Cf. § 440.25(1) Fla.Stat. (1979); § 440.-20(10)(b), Fla.Stat. (1979).

This differs — radically—from the traditional source of creating and disciplining the pleading by which civil actions are initiated.

1984 RgvisiomAmendment. Derived from section 440.271, Florida Statutes^ and Rrule 20, Florida Workers’ Compensation Rules of Procedure. Providing for exclusive adjudicatory powers in workers’ compensation matters with the ©deputy ©commissioner or reviewing court rather than the Division of Workers’ Compensation. RULE 4.051. CONSOLIDATION OF CLAIMS

The Deputy Commissionerjudges of compensation claims may, on histheir own motion or on the motion of any party, consolidate claims for the purpose of hearings or for any other purpose.

Committee Notes

1988 Adoption;. This rule formalizes existing procedure for consolidation of claims. RULE 4.056. RIPENESS

At any time during any proceeding, on the motion of any party or on the Deputy Commissioner-Fudge’s own motion, the Deputy Commissionegiudge of compensation claims may make a determination of the ripeness for adjudication of any pending claim or defense or element thereof. The Deputy Commissionerjudges of compensation claims may, in histheir discretion, take such testimony, hear such argument and enter such orders as may be necessary to determine the ripeness of an issue. The Deputy Commissioner may, in order tTo protect the interests of any party and to advance the proceedings, the judge of compensation claims may

(a) sever any issuer-©r¡

(b) continue a scheduled hearing as to any or all issues,-©?;

(c) reserve jurisdiction of any issue,; or

(d) dismiss any issue without prejudice.

In determining the ripeness of any issue, the Deputy Commissionerjudge of compensation claims shall consider whether the opposing party has had adequate time within which to prepare to litigate the issue¿ taking into account the due diligence of the parties.

Committee Notes

1988 Adoption;. This rule recognizes the serial nature of claims and defenses as they arise under ©chapter 440, Florida Statutes. It codifies existing procedure to permit the ©deputy ©commissioner to adjudicate issues as they become ripe.

RULE 4.058. PETITION FOR MODIFICATION; CLAIMPETITION FOR REIMBURSEMENT FROM SPECIAL DISABILITY TRUST FUND

Petitions for modification pursuant to Ssection 440.28, Florida Statutes, and petitions for reimbursement from the Special Disability Trust Fund pursuant to Ssection 440.49(2), Florida Statutes, shall be made substantially in the form of a claim. Adjudication of a petition under this rule shall be in the manner provided in these rules for the disposition of claims and defenses.

RULE 4.060. REPRESENTATION AND APPEARANCE OF COUNSEL; SUBSTITUTION OF COUNSEL; WITHDRAWAL OF COUNSEL

(a)Appearance of Counsel. An attorney undertaking the representation of a party to a proceeding under these rules shall promptly file with the division a notice of appearance, not to exceed one page in length, with the-Bivision prior to the filing of an application for hearing, or with the office of the Deputy Commissioner judge of compensation claims having jurisdiction of the industrial accident after the filing of an application for hearing. The notice shall bear the style and caption provided in ©form 4.901 and include the address and telephone number of counsel. A claim or application for hearing signed by counsel and containing the address and telephone number of counsel shall suffice as a notice of appearance. Notice of appearance shall be filed by any successor, or associated attorney, prior to or concurrently with the filing of any pleading or presentation of oral argument to or before a Deputy Commissionerjudge of compensation claims or the district court.

(b) Substitution of Counsel. Substitution of counsel may be effected by the filing and service of a stipulation, for which no approval of the Deputy Commissioner judge of compensation claims is required, or by motion.

(c) Withdrawal of Counsel. An attorney who has filed a claim or has otherwise become an attorney of record for any party to a workers’ compensation cause shall remain attorney of record in said cause and shall not be permitted to withdraw from the cause unless faethe attorney shall first files with the Deputy — Commissionerjudge of compensation claims a written motion for withdrawal setting forth the reasons therefor, serving a copy of said motion upon the movant’s client and counsel for the adverse party¿ and shall then shall obtain from the Deputy Commissionerjudge of compensation claims an order granting such motion for withdrawal. If appellate proceedings have been instituted in the cause, the motion shall be filed with the appropriate court. Upon the filing of a motion to withdraw as counsel, the Deputy Commissionerjudge of compensation claims having jurisdiction of the industrial accident may conduct such hearings as may be requested by any party or on faisthe judge’s own motion to protect the rights of all parties; or the Deputy-Commissionerjudge of compensation claims may enter an order substantially in the form provided in ©form 4.907.

Committee Notes

1979 Adoption;. This replaces Rrule 6, 1977 W.C.R.P.

1988 Amendment;. This rule clarifies existing procedure as to the appearance and substitution of counsel and provides for an alternate procedure to approve the withdrawal of counsel without a hearing in the absence of a timely objection.

RULE 4.061. CONTRACTS OF REPRESENTATION; ATTORNEY FEES

(a) Contracts of Representation. The employee (or claimant) and the attorney for the employee (or claimant) may jointly apply to the Deputy Commissionerjudge of compensation claims having jurisdiction of the industrial accident to approve their contract of representation and enforce the provisions thereof. The Deputy Commission-erjudge of compensation claims may approve the contract of representation without a formal hearing if it appears to be in substantial compliance with these rules and the provisions of Cchapter 440, Florida Statutes. Upon approval of the contract of representation without a hearing, the Deputy Commissionerjudge of compensation claims shall enter an order and serve a copy of the order on the attorney for the employee. The attorney for the employee shall promptly serve a copy of the Deputy Commissioner’s order on all parties and counsel of record using the certificate of service provided in Fform 4.902. Any party, for good cause shown, may object to and move to modify or vacate any order approving a contract of representation at any time. The Deputy Commissionerjudge of compensation claims shall promptly hear any such motion. The filing and service of a motion to modify or vacate an order approving a contract of representation shall suspend the operation and effect of the order until the motion is heard and decided. Nothing in this rule shall preclude the Deputy Commissionerjudge of compensation claims from modifying or disapproving any contract of representation for good cause or to avoid undue hardship on any party.

(b) Payment of Undisputed Attorney Fees. The employee and the attorney for the employee may jointly move for the Deputy Commissionerjudge of compensation claims to approve the payment of an attorney fee and reimbursement of costs pursuant to a contract of representation by a stipulated motion substantially in the form provided by these rules. The employee and the employer and its carrier (or servicing agent) and/or their counsel may stipulate to the payment of an attorney fee and costs and submit their stipulation to the Deputy Commissionerjudge of compensation claims for approval.

(c)Disputed Attorney Fees or Costs. A claim for attorney fees or costs brought by an attorney or party shall be in the form provided for a claim for compensation and shall be treated as a claim for compensation for all purposes. Any claim for attorney fees shall allege ultimate facts which, if proven, would give rise to entitlement to the award of an attorney fee. Prior to hearing any issue as to the amount of disputed attorney fees or costs, the attorney shall file a verified petition setting forth with specificity the amount of time expended, costs advanced or incurred, and the benefits obtained together with all other allegations of fact pursuant to Ssection 440.34, Florida Statutes. At the request of any party, or on the Deputy Commission-eFsjudge’s own motion, the Deputy Com-missionerjudge of compensation claims shall determine the procedure for the hearing and adjudication of any issues as to a disputed attorney fee and taxation of costs.

Committee Notes

1988 Adoption;. This rule formalizes and makes substantially uniform existing practice as to attorney-client contracts and attorney fees as these proceedings have evolved since the 1979 legislative reforms. Approval of any attorney-client agreement by the Ddeputy Ccommissioner is discretionary and not mandatory.

RULE 4.062. PAYMENT OF ATTORNEY FEES BY EMPLOYEE

The Deputy Commissionerjudge of compensation claims shall hear any motion for attorney fees in the manner provided for a hearing on a claim for compensation. With respect to proceedings in which the fee is to be paid by the employee, the employee may waive a formal hearing before the Deputy Commissionerjudge of compensation claims and the Deputy Commission-erjudge of compensation claims may consider the motion ex parte, based upon verified pleadings. No motion for attorney fees shall be granted by the deputy-eom-missionerjudge of compensation claims unless it appears affirmatively that the provisions of these rules and of Cchapter 440, Florida Statutes;, have been substantially complied with and that the employee has been advised as to those provisions.

Committee Notes

1988 Adoption;. It is intended that all motions under this rule be sworn to by the employee and contain a notarial jurat.

RULE 4.070. APPLICATION FOR HEARING

An application for hearing concerning a claim, made pursuant to Cchapter 440, Florida Statutes, shall state concisely in separate numbered paragraphs the reasons for requesting hearing, and the questions at issue or in dispute which the applicant expects the Deputyjudge to hear and determine, with sufficient particularity that the responding or opposing parties may be notified of the purpose of the hearing, including the issues to be heard and determined and specific benefit due and not paid. Application for the first hearing or trial in a cause shall be filed with the Ddivision at Tallahassee. UpeOn receipt of an application for hearing, all materials filed with or received by the Ddivision shall be incorporated in the file for forwarding to the appropriate Deputy Commissionerjudge of compensation claims who will conduct the hearing. All subsequent materials received or filed also shall be immediately forwarded to the Deputy Commissioner-judge of compensation claims. Applications for any subsequent hearings in that cause shall be filed with the Deputyjudge to whom the case has been assigned. A copy of the application shall be served on counsel for each party and a copy upon any party not represented by counsel. Failure to serve a copy of the application as required shall be grounds for a continuance or cancellation of the hearing.

Committee Notes

1979 Adoptions. This replaces Rrule 7, 1977 W.C.R.P. It is derived substantially from ^section 440.25(3)(a), Florida, Statutes (1979), which again emphasizes “the specific benefit due and not paid.” This clearly points up one of the many differences between civil proceedings generally, and workers’ compensation— fthatl from the ‘Notice of Injury’ a file is begun and maintained by the division in Tallahassee. As a deputy commissioner assumes supervision for the purpose of providing judicial-type services, that administrative file [in the division] provides, in part, the foundation for the file pertinent to the litigation. Even as the litigation proceeds, the administrative functions must be continued, hence a continuing relationship between the dual nature [of that file as] Tr-r administrative/judicial.

1980 Amendments. This change would keep the Ddivision, the agency which is involved in various stages of the management of workers’ compensation cases, apprised of the status of the case, and informed of the reason for the Ddeputy’s continued possession of the file.

1984 RevisionsAmendment. Implements section 440.25(3)(a), Florida Statutes. RULE 4.080. NOTICE OF HEARING; ORDER OF' DEPUTY COMMISSION-ERJUDGE OF COMPENSATION CLAIMS

(a) Notice of Hearing. The Deputy Commissionerjudge of compensation claims shall hold a hearing within 90 days after the filing of an application for hearing, and shall serve the parties and counsel of record at their last known addresses, with at least 15 days( notice by regular mail. The notice shall state with particularity the questions at issue or in dispute that the judge will hear and determine. Service of a notice of hearing shall be complete upon mailing. Unless otherwise specified in the notice of hearing, the Deputy Commission-erjudge may consider and determine all issues pending as of the date of the hearing.

(b) Setting of Hearing. The Deputy CommissionerJudges of compensation claims, may, in histheir discretion, may set hearings singly at a time certain, or may set hearings in the aggregate using dockets in tiie form provided in Raleforms 4.908 and 4.909.

(c) Order. The order of the Deputy Commissionerjudge of compensation claims shall set forth findings of fact, conclusions of lawz and the Deputy — Commissioner^udge’s determination of the claim or other ruling. The order shall be signed by the Deputy Commissionerjudge of compensation claims and shall include a certificate of service to all parties and counsel of record.

Committee Notes

1979 Adoption?. This replaces Rrule 8, 1977 W.C.R.P.

It, too, is derived substantially from $section 440.25(3)(a), Florida, Statutes (1979). Note that the deputy shall give the notice.

1980 Amendment?. 8. (a) Suggestions have been made to remove the requirement that notice to the parties of a hearing be sent by certified mail. The Rules Committee of the Workers’ Compensation section is of the opinion that the requirement that the hearing notice be sent by certified mail should be retained for two reasons. In the first instance, the Sstatute, ((section 440.-25(3)(a), Florida, Statutes, requires notice by certified mail, and, secondly, this provision is viewed as one which provides at least a minimum level of procedural due process.

8. (b) The portion of this rule which the rules committee of the section recommends be removed was in conflict with the wording of Rrule 14, which has been transplanted, in toto, to Rrule 8(b).

1984 RevisiomAmendment. Conforms hearing notice requirements to section 440.-25(3)(a), Florida Statutes, as amended to delete requirement of certified mail service, and provides clarification of time periods involved to the effect that minimum fifteen (15) days( notice is measured from the date notice is mailed.

1988 Amendment?. This rule and accompanying forms provide a standard form for the notice of hearing. In the alternative, a hearing docket system is provided for in recognition of the adoption of that procedure in some districts. The provisions of paragraphsubdivision (b) are new. The balance of the rule reflects the 1984 revision with minor changes in wording for clarity. RULE 4.090. DISCOVERY

(a) Depositions. Depositions of witnesses or parties, residing within or without the Sstate, may be taken and may be used in connection with proceedings under Gchap-ter 440, Florida Statutes, either upon the order of the Deputy Commissionerjudge of compensation claims or at the instance of any party or prospective party to such proceeding. For good cause shown, the Deputy — Commissionerjudge of compensation claims may require the taking of a deposition by telephone.

(b) Production of Documents and Entry on Land. The parties shall be subject to discovery procedures dealing with the production of records and other tangible things, and entry upon land or other property for inspection or other purposes within the scope of discovery, including but not limited to all hospital and medical reports pertaining to the industrial accident, all rehabilitation reports, all records pertaining to the claimant’s average weekly wage at the time of the industrial accident or earnings made subsequent to the industrial accident, and a transcript of any recorded statement of a party. The parties shall have 30 days to serve a written response after service of any request under this rule. The Deputy Commissionerjudge of compensation claims, for good cause shown, may enlarge or shorten the time allowed for compliance with this rule.

(c) Production of Documents from Non-Parties. The parties may also may seek the production of documents and other tangible things, within the scope of discovery, for inspection and copying from a person who is not a party pursuant to applicable Florida Rules of Civil Procedure.

(d) Jurisdiction. The Deputy Commis-sionerjudge of compensation claims shall have jurisdiction to take appropriate action to compel discovery, including the imposition of sanctions, andz may, as circumstances warrant, may enlarge or shorten the applicable time for complying with discovery.

(e) When Discovery May hBe Had. Discovery under this rule may be had prior to the institution of a claim, if the claimant is represented by an attorney, or after the filing of a claim, in the same manner and for the same purposes as provided in the Florida Rules of Civil Procedure.

(f) Other Discovery. Interrogatories, requests for admission, and other forms of discovery not authorized by this rule shall not be used or permitted in workers’ compensation proceedings.

(g) Surveillance. The evidence of any investigator, adjustor^ or other witness in the nature of surveillance shall be subject to discovery when such evidence will be used at trial, provided the party intending to use such evidence is first given a reasonable opportunity to depose the party or witness who is the subject of the surveillance.

Committee Notes

1979 Adoption!. This replaces Rrule 9, 1977 W.C.R.P.

It is derived substantially from ^section 440.30, Florida» Statutes {1979).

1984 RevisiomAmendment. Subseeti-oasdivisions (b) through (f) are new and formalize additional forms of discovery already widely used in workers’ compensation proceedings. This rule specifically declines to adopt interrogatories or requests for admission as unduly cumbersome and contrary to the overriding policy consideration for the expeditious resolution of an injured worker’s rights. Although discovery is generally intended to be self-administrating, it is subject to the supervision of the ©deputy ©commissioner. Stephens v. Southern Furniture Transports, Inc., 420 So.2d 904 (Fla. 1st DCA 1982). This rule does not modify and is consistent with the powers and authority conferred upon the ©deputy ©commissioner pursuant to section 440.33, Florida Statutes.

1988 Amendment!. Subsectiondivision (g) of this rule is intended to conform to Dodson v. Persell, 390 So.2d 704 (Fla.1980).

RULE 4.100. PRETRIAL PROCEDURE

(a) Generally. The Deputy Commission-erJudges of compensation claims may, on bistheir own motion, or shall on the motion of any party to the action, hold a pretrial conference, at which the parties shall:

(1) Sstate and simplify the claims, defenses, and issues»;

(2) Mmake appropriate amendments to the claims and defenses»;

(3) ^stipulate and admit to such facts and documents as will avoid unnecessary proof»;

(4) ©present, examine, and mark for identification, all exhibits. Impeachment and rebuttal exhibits need not be revealed»;

(5) ©furnish the opposing party the names and addresses of all witnesses. Impeachment witnesses, and rebuttal witnesses thereto, need not be revealed»;

(6) ©exchange all available written reports of experts wherewhen expert opinion is to be offered at trial. The reports should clearly disclose the expert opinion and its basis on all subjects on which the expert will testify. If stipulated into evidence, the parties shall present the reports to the Deputy Commissionerjudge of compensation claims to be so marked. The parties shall consider and determine a limitation on the number of expert witnesses»;

(7) ©estimate trial time»; and

(8) ©consider and determine such other matters as may aid in the disposition of the cause.

(b) Notice. The Deputy Commission-egjudge of compensation claims shall give the parties at least 15 days) notice of the pretrial conference. If a party or hfethe party’s attorney fails to attend the conference without good cause, the Deputy Com-missionerjudge of compensation claims may dismiss the claim or strike the defenses, or take such other action as may be authorized by law or these rules. The Bep-uty Commissionerjudge of compensation claims may cancel the pretrial conference upon submission of a written pretrial stipulation. The Deputy Commissionerjudge of compensation claims may conduct the pretrial conference by telephone at the request of any party, or on faisthe judge’s own motion, provided all parties are represented by counsel.

(c) Record. The Deputy Commission-erjudge of compensation claims shall record the pretrial conference by stenographic or electronic means at the request of any party, or by a written stipulation signed by the parties.

(d) Pretrial Order. At the request of any party, the Deputy Commissionerjudge of compensation claims shall promptly enter an order reciting the action taken at the pretrial conference, the amendments allowed to the claims and defenses, and the agreements made by the parties about any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or stipulations of the parties. The Deputy Commissionerjudge of compensation claims shall serve the order upon the attorneys for the parties and upon any party not represented by counsel. The order shall control the subsequent course of the action unless the Deputy Commission-erjudge of compensation claims modifies it to prevent injustice. The order on the pretrial conference may be in letter form unless a formal order is requested by any party.

Committee Notes

1979 Adoption;. This replaces Rrule 10, 1977 W.C.R.P., but is substantially the same.

1984 RevisiomAmendment. Provides that a party has the right to a pretrial conference upon request. Deletes requirement of notice of pretrial by order.

RULE 4.110. PROSECUTION OF CLAÍM BEFORE DEPUTY COMMISSIONER JUDGE OF COMPENSATION CLAIMS

(a) Prosecution of Claim. When a trial has been set by a Deputy Commission-erjudge of compensation claims, all parties shall diligently prosecute and defend the claim. The Deputy CommissionerJudges of compensation claims may cancel or continue a trial on histheir own motion or on the motion of a party if faethey finds that the cancellation or continuance is for good cause which has not resulted from lack of diligence in the prosecution or defense of the claim. A notice of voluntary dismissal is without prejudice, except that a second notice of voluntary dismissal by the Cclaim-ant operates as an adjudication of denial of any claim for the same benefit or benefits previously the subject of a voluntary dismissal.

(b) Dismissal of Claim or Petition. Any claim, or any petition to modify, in which it affirmatively appears that no action has been taken by request for hearing, filing of pleadings, order of Deputy Com-missionerthe judge of compensation claims, payment of compensation, provision of medical care, or otherwise for a period of one year, is subject to dismissal for lack of prosecution. BpeOn motion to dismiss filed by any interested party, or upon request of the Deputy-Gommissionerjudge of compensation claims before whom the action is pending, the file shall be forwarded to the appropriate Deputy--Commission-erjudge of compensation claims who shall dismiss the claim or petition, after service of notice to the parties by regular mailT at their last known addresses? and opportunity for hearing, dismiss the claim or peti-tionj-unless a party shows good cause why the claim or petition should remain pending.

Committee Notes

1979 Adoption;. This replaces Rrule 11, 1977 W.C.R.P.

The 1977 rule was the result of extensive debate and revision, and the committee did not see need for substantial revision.

1980 Amendment;. Deletion of the words “after filing” in Rrule 11(b) allows the dismissal of a state claim after any two year period of inactivity. The change will make this rule consistent with Rrule 1.420(e) of the Florida Rules of Civil Procedure.

1984 RevisiomAmendment.

(a) Conforms workers’ compensation procedure with Florida Rule of Civil Procedure 1.420(a)(1). Voluntary dismissal of the same claim or claim for the same benefits is with prejudice and operates as a denial of the claim for those benefits.

(b) Conforms nonprosecution time period to civil practice period of one year.

RULE 4.111. PROCEEDINGS BY TELEPHONE "

The Deputy Commissionerjudge of compensation claims may conduct any proceeding permitted under these rules or under Cchapter 440, Florida Statutes, by telephone conference provided no live testimony, other than that of an expert witness as defined by the applicable statutes, beis taken without the agreement of all parties and provided a means of recording the proceedings is available if requested by any party.

Committee Notes

1988 Adoption;. This rule is adapted from Rrule 2.071, Florida Rules of Judicial Administration^ to which reference may be made for purposes of construction.

RULE 4.112. EMERGENCY CONFERENCES

The Deputy ■Commissionerjudge of compensation claims may require the appearance of the parties and counsel before him on less than 15 days’ written notice as otherwise required by these rules and by Cchapter 440, Florida Statutes, only to consider the reasonableness and medical necessity of proposed medical treatment wherewhen there is a bona fide emergency involving the health or safety of an employee. The parties may agree to consider other issues at an emergency conference. An emergency conference under this rule shall be advisory in nature, shall not constitute a hearing for any purposej and shall not result in the entry of an order or the rendering of an adjudication by the Deputy Commissionerjudge of compensation claims. No other emergency conference or hearing is permitted by these rules.

Committee Notes

1988 Adoption;. This rule is intended to allow for a compulsory, advisory conference with the deputy commissioner only as to issues relating to the reasonableness and medical necessity of proposed emergency medical treatment.

RULE 4.113. EFFECT OF CONTINUANCES

An agreement by the parties to post-trial proceedings, including the post-trial presentation or submission of evidence, or to a continuance of the trial or the pretrial conference shall constitute a waiver by the parties of the requirements of Ssection 440.2d(3)(a), and Section 440.24(3)(b)440,25, Florida Statutes, as to the timeliness of hearings and the entry of orders.

RULE 4.120. ADMISSIBILITY OF EVIDENCE; PROFFERS; EXHIBITS

(a) Admissibility. Whenever a question of the admissibility of evidence is presented for consideration of the Deputy — Commis-sienerjudge of compensation claims, hethe judge shall promptly rule on it. If an objection is made and not ruled upon by the Deputy Commissionerjudge of compensation claims, the ruling shall be presumed to be adverse to the party making the objection.

(b) Proffers. Evidence which has been offered but ruled inadmissible may be proffered but shall be clearly identified as such by the Deputy Commissionerjudge of compensation claims.

(c) Exhibits. Voluminous or cumbersome exhibits shall not be received in evidence unless their use is unavoidable. The contents of the Ddivision file with respect to a claim shall not be admissible evidence as such, absent the stipulation of all parties, but individual portions of the file may be admitted if admissible under the rules of evidence. Legible copies may be substituted for original documents when reasonably necessary.

Committee Notes

1979 Adoption;. This replaces Rrule 12, 1977 W.C.R.P.

RULE 4.130. AGREEMENTS

No agreement or stipulation shall be valid unless: (1) in writing and signed by the parties or their attorneys, or (2) dictated on the record. Any agreement or stipulation under this rule may be expressly relied on by the Deputy Commissionerjudge of compensation claims in any proceeding, unless a party seeks to be relieved of the agreement or stipulation for good cause shown. The Deputy Commissionerjudge of compensation claims may abrogate any stipulation which appears to be manifestly contrary to the evidence «pon due notice to the parties; however, the Deputy Commissionerjudge of compensation claims need not inquire beyond the stipulation or agreement.

Committee Notes

1979 Adoption?. This replaces Rrule 123, 1977 W.C.R.P.

RULE 4.131. SETTLEMENT OF PROSPECTIVE BENEFITS

In any proceeding in which the parties undertake to compromise or release the prospective entitlement of the employee to any class of benefits pursuant to Ssection 440.20(12), Florida Statutes:

(a) The parties shall submit their agreement in writing executed by all attorneys of record and by the employee.

(b) The employee shall acknowledge the agreement and its material provisions under oath in writing or before the Dep-aty Commissionerjudge of compensation claims.

(c) An agreement under this rule shall set forth the terms, conditions^ and consideration for the settlement together with all material facts necessary for approval of the settlement pursuant to Ssection 440.-20(12), Florida Statutes.

(d) Prior to the approval of any agreement under this rule, the parties and their attorneys shall submit to the Deputy Com-«rissionerjudge of compensation claims for inclusion in the Ddivision file all evidence in their possession which is material to the consideration and disposition of the settlement agreement.

(e) The order of the Deputy Commission-egjudge of compensation claims approving or disapproving the proposed settlement shall set forth findings of fact and conclusions of law to support the approval or disapproval of the proposed settlement and may be in substantially the form provided in these rules.

Committee Notes

1988 Adoption;. The rule intends to codify and standardize existing practice as to washout settlements. The accompanying forms are substantially those presently in general use.

RULE 4.140. MOTION PRACTICE

(a) Procedural Motions. Any matter relating to procedure or discovery may be raised by motion before the Deputy Com-missionerjudge of compensation claims. The motion shall be filed with the Deputy Commissionerjudge of compensation claims having jurisdiction of the industrial accident, who will promptly hear and decide the issues raised by the motion after giving not less than five5 days’ written notice to all parties. Motions may be heard at any pretrial conference, provided the motion was filed and served not less than five5 days prior to the date of the pretrial conference.

(b) Motions Seeking Affirmative Relief. The Deputy Commissioner may Judges of compensation claims, in histheir discretion, may treat any motion seeking affirmative relief or the adjudication of entitlement to any benefit in the manner provided for a claim for benefits under these rules.

Committee Notes

1988 Adoption;. Subsectiondivision (a) of this rule is intended to create an expedited procedure for the disposition of motions relating to discovery and other preliminary matters not involving the adjudication of issues properly raised by claim or notice of defenses. Subsectiondivision (b) is intended to control the adjudication of substantive motions, such as motions for change of physicians, to suspend the payment or provision of benefit^ and the like.

RULE 4.141. MOTION FOR REHEARING,; VACATING, OR AMENDING ORDER OF DEPUTY COM-MISSIQNERJUDGE OF COMPENSATION CLAIMS; RULE NISI

(a) Rehearing. Any party may file with the Deputy Commissionerjudge of compensation claims a motion for rehearing directed to an order not yet final by operation of Ssection 440.25, Florida Statutes. Such a motion shall state with specificity the grounds on which it is based. The filing of such motion does not toll either the time within which an order becomes final or the time within which an appeal may be filed.

(b) Amending, Vacating Orders. At the Deputy Commissioner’sjudge of compensation claims’ discretion, an order not yet final by operation of Ssection 440.25, Florida Statutes, may be either vacated or amended at either the Deputy-Cemmission-e^judge of compensation claims’ own initiative or pursuant to a motion for rehearing. Grounds for vacating an order may include circumstances in which it appears to the Deputy Commissionerjudge of compensation claims that due consideration of a motion for rehearing may not be practicable within the time remaining under Ssection 440.25, Florida Statutes.

(c) Effect of Appeal. Nothing in this rule shall be construed to interfere with the Deputy Commissioner’sjudge of compensation claims' jurisdiction to either approve of settlements or correct clerical errors, as specified under Rrules 4.160(a) of these rules 4.160(h)(3) and 4.165(g).

(d) Rule Nisi. The Deputy Commissioner-pPursuant to an order of a court having jurisdiction of a proceeding to enforce an order of the Deputy Commissionerjudge of compensation claims, the judge may conduct such hearings, consider such evidence, and enter such orders as may be necessary to determine any specific sums due pursuant to the order which is the subject matter of the rule nisi proceeding.

Committee Notes

1984 Adoption;. This new rule affords parties a rehearing process in response to such First District Court of Appeal pronouncements as are found in Acosta Roofing Company v. Gillyard, 402 So.2d 1321 (Fla. 1st DCA 1981), and Dade American Hospital Supply v. Perez, 417 So.2d 296 (Fla. 1st DCA 1982). Though time for filing appeal is not tolled by the filing of a motion for rehearing, subsectiondivision (b) specifically invites use of a deputy’s power to vacate as a means of affording the parities additional time for processing a motion for rehearing where circumstances warrant. This flexible process was deemed preferable to the tolling of the appellate filing period in every case of motion for rehearing.

Subsectiondivision (b) codifies the long established practice in workers’ compensation litigation,: A Ddeputy Ccommissioner retains jurisdiction over an order that has not yet become final. The rule implicitly adopts the majority view in Drexel Properties, Inc. v. Brown, 443 So.2d 150 (Fla. 1st DCA 1983), giving the Ddeputy Ccommis-sioner wide latitude in determining whether to amend or vacate an order.

RULE 4.150. SANCTIONS

Failure to comply with the provisions of these rules or any order of the Deputy Commissionerjudge of compensation claims may subject a party to reprimand, striking of briefs or pleadings, denial of oral argument, dismissal of proceedings, imposition of costs, attorney⅛ fees,, or such other sanctions as the Deputy Commissioner judge of compensation claims shall deem appropriate.

Committee Notes

1979 Adoption;. This is new in W.C.R.P. It is derived from Florida, Rule, of App,el-late Procedure 9.410, 1979.

PART B. APPELLATE PROCEEDINGS

RULE 4.160, APPELLATE REVIEW JURISDICTION

(a) — Notice-of Appeal..Notice-of-appeal of an order of a Deputy Commissioner shall be filed with any Deputy Commissioner or with the First District ■ Court of Appeal within 30 days of the date copies of the Deputy Commissioner’s order were mailed to the parties, — Notice of appeal shall contain a certifieate-of-appellant (or cross-appellant)--or counsel setting out the periods and ■classifications.of benefits and medical treatment affected by the appeal, Appellant shall file the-original and-one copy of the notice,- accompanied by a filing fee in the amount prescribed by law- or- by rule of court, by check or- money order, payable to the clerk of the district court. Jurisdiction of the district-court is invoked as-of-the date of filing-of the notice of appeal with any Deputy-Commissioner or the clerk of the First-District Court of Appeal, — The Deputy Commissioner shall have jurisdiction for the purpose of approving settlements or correcting clerical errors in the order appealed at any time prior to the filing of the record on appeal in the First District Court of Appeal. The Deputy Commissioner shall have jurisdiction to determine whether there has been an abandonment under-Rule 4,161.

(b) — Transmittal of Notice. Upon filing of a notice of appeal, the deputy shall forthwith transmit the filing fee and a certified-copy of the notice showing the date of filing to the Clerky-and if he is not the Deputy who entered-the order on appeal, he shall forthwith-forward to the Deputy whose order is-on appeal, a copy of the transmittal letter to the- Clerk. A certified copy -of the order appealed shall be attached to, and transmitted with the notice of appeal to the clerk.

(e) — Form of Notice. — Notice of appeal shall be as follows;

(d) Cross-Appeal. — Any appellee who desires-to review an adverse ruling of the deputy shall file a cross-appeal with any Deputy within 10 days of service- of notice of appeal, or-within 30 days of the mailing-of the order to be reviewed, whichever is later. — Notice of cross-appeal shall contain a certificate of cross-appellant or counsel setting out-the-periods and classifications of benefits and-medical treatment affected by the appeal. -The form shall be substantially as provided by (c) of this-rule. — Ne filing fee shall be required for- a cross-appeal.

(e) Assignments of Error. — There shall be no assignments or cross-assignments of error.

(£) Proof of-Service. A copy of- notices of appeal and cross-appeal shall be served on-all interested parties and proof of service thereof shall accompany such notices when filed.

(a) Jurisdiction of District Court. The district court may review by appeal any final order of a judge.

(b) Discretionary Jurisdiction. The district court also may review any nonfinal order of a judge that adjudicates the following:

(1) Jurisdiction.

(¾ Venue.

(3) Compensability of accidents or occupational diseases.

(4) Insurance coverage.

(5) Discovery matters when it appears the judge’s order will cause a party irreparable harm and there is no adequate remedy at law to rectify such harm.

(c) Commencement. Jurisdiction of the district court shall be invoked by filing a notice of appeal under these rules within 30 days after the order to be reviewed is mailed to the parties.

(d) Record: Review. Unless ordered by the district court, the record on appeal of a nonfinal order shall be limited to those items set forth in rule 4.180(b).

(e) Briefs: Discretionary Review. The appellant’s initial brief in an appeal of a nonfinal order, accompanied by an appendix as prescribed by rule 4.180(b)(2), shall be filed with the notice of appeal.

(f) Jurisdiction of Judge Divested. Except as provided for in these rules, the judge shall have no further jurisdiction over issues raised in the appeal.

(g) Jurisdiction of Judge: Issues Not Affected. While on appeal, the judge retains jurisdiction to adjudicate the issues of a claim that have not been appealed.

(h) Jurisdiction of Judge. During the pendency of an appeal, the judge retains jurisdiction to:

(1) supervise the preparation of the record on appeal, including the costs of preparation;

(2) grant extensions of time for filing the record as allowed under these rules;

(3) correct clerical errors at any time before the record is filed with the district court; and

(4) determine if appellate issues have been abandoned.

(i) Discretionary Divestment by District Court. In cases in which the judge no longer has jurisdiction, the district court may permit the judge to proceed to adjudicate specifically designated matters.

(j) Discretionary Divestment to Consider Settlement.

(1) Investigation. On stipulation of the parties, the judge may investigate the efficacy of a proposed settlement, either in whole or in part, of issues on appeal.

(2) Remand by District Court. On joint motion of the parties stating that a settlement has been reached, the district court may remand the cause to the judge for entry of an appropriate order.

(3) Costs. Any order approving a settlement shall provide where appropriate for the assessment and recovery of appellate costs including any costs incurred by the division for insolvent appellants.

(k) Concurrent Jurisdiction. Before the record on appeal is transmitted to the district court, the judge and the district court have concurrent jurisdiction to enter orders on procedural matters.

Committee Notes

1979 Adoptiom. This replaces Rrule 14, 1977 W.C.R.P. ft derives, in part, from ^section 440.25(4)(f), Florida* Statutes (1979); and Rrules 9.040(g), 9.110(b), and 9.900, Florida Rules of Appellate Proce-dure7 (1979). The appeal period is extended from 20 days to 30 days, and assignment of error(s) is eliminated.

1980 Amendments. The Rules Committee of the Workers’ Compensation Section of the Bar is in agreement with conforming workers’ compensation appellate procedures with appellate procedures involving other litigation, whenever possible. In all instances in which a conformed procedure is possible no special rules should exist. However, in some regards workers’ compensation cases are unique, and this uniqueness generates special needs for workers’ compensation appeals not present in appeals involving other litigation. One of these is a need for the parties and the Ccourts to know precisely what is on appeal in a workers’ compensation case so that those issues not on appeal may be determined in separate proceedings, those pursuant to Rrule 20 (relating to proceedings before the ©deputy in regard to matters over which jurisdiction has not been divested by the filing of an appeal). The information concerning what is on appeal is necessary to avoid delay in the delivery of uncontested (on appeal) benefits to the claimant.

Workers’ compensation cases, of necessity, are taken up piecemeal. A workers’ compensation case requires this treatment because the various entitlements of the claimant (which generate potential issues to be heard by the ©deputy ©commissioner) mature at different times as the course of the claimant’s physical recovery progresses. A workers’ compensation case, unlike other personal injury litigation, can engender successive issues as to medical treatment, the entitlement to temporary disability benefits, the entitlement to permanent disability benefits, as well as ancillary issues of penalties, costs, attorney fees and some other rather exotic issues. These can result in successive hearings and successive orders which are all equally final, and all equally appealable. This is not only necessitated by the nature of a workers’ compensation case but also is required by the Sstatute and the existing rules which allow claims and trials of only the matured issues. (See in this regard ©Sr section 440.25, Florida Statutes, and existing Workers’ Compensation Rule of Procedure 7.) This of course is different from other sorts of personal injury litigation in which the matter is tried at one time, and all issues are presented. For other sorts of litigation, the notice of appeal currently found in Rrule 16 is sufficient. The parties know what is being appealed, and even if they don’t, it makes little difference since no additional trials are contemplated.

The special need of the parties and the ©courts involved in a workers’ compensation case to know what is on appeal, and what jurisdiction the ©deputy ©commissioner retains, was formerly met by the Application for Rreview requirements for appeals to the Industrial Relations Commission. This requirement was done away with by the current Rrule 16, after the Industrial Relations Commission was abolished by Sstatute.

The Rules Committee of the Workers’ Compensation Section does not recommend reinstituting the Application for Rreview procedure to delineate the issues on appeal. However, it is suggested that certain changes be made in the existing Rrule 16 in recognition of the special need in workers’ compensation cases of an expeditious means of determination of just where it is that jurisdiction lies. As the rule now stands, between the date of the filing of the notice of appeal and the date of the filing of the record on appeal, the ©first ©district has nothing which would allow it to make such a determination. For this reason, it is suggested that a certified copy of the order appealed should be attached to and transmitted with the notice of appeal, and that the notice itself advise the ©court of the date of accident in question. The Ssection further suggests a certificate of the appellant setting out which benefits will be affected by the issues on appeal, so that the ©deputy can determine whether he has jurisdiction to proceed in regard to other benefits. The certificate does not require a pleading of the issues on appeal, but rather only requires a certification of which benefits will be affected. It is felt that such an amendment to the rule will do much to avoid confusion and delay in determining the threshold question of the ©deputy’s jurisdiction.

1984 Revision; Amendment. Provides that both the ©district ©court of Aappeal and the ©deputy may accept notices of appeal.

Jurisdiction before the filing of the record on appeal is retained by the ©deputy in regard to certain administrative tasks and no remand of jurisdiction from the ©district ©court is necessary.

The final sentence of sub-sectiondivision (a) complements the new Rrule 4.161, and is intended to avoid possible confusion over jurisdiction to determine whether there has been an “abandonment” in what are presumed by the committee to be those rare circumstances in which “abandonment” is not plainly apparent.

1992 Amendment. This rule combines prior rules 4.160, 4.200, and 4.210 to follow the form of the Florida Rules of Appellate Procedure.

Subdivision (b) is derived from Florida Rule of Appellate Procedure 9.130.

Subdivision (e) duplicates rule 4.220(b) and is similar to Florida Rule of Appellate Procedure 9.130(e).

Subdivision (f) is from former rule 4.210(a).

Subdivision (g) is from former rule 4.200(b)(3).

Subdivision (h) is from former rule 4.210(a).

Subdivision (i) is from former rule 4.200(b)(2).

Subdivision (j) is from former rule 4.210(b), (c), and (d).

Subdivision (k) is similar to former rule 4.200(a).

RULE 4.161. EFFECT OF APPEAL ON BENEFITS AWARDED

(a) Benefits — Unaffected—By—Appeal. Benefits ordered paid and-not certified by appellant (or cross-appellant) to be affected by appeal under Rule -4rl60(a) of these rules are governed by Section 440,20, Florida Statutes.

(b) Benefits Affected By-Appeal. Benefits ordered paid-which are certified under Rule 4.160(a)-of-theBe rules by appellant (or cross-appellant) as being affected by the appeal-may-be--withheld pending outcome of the appeal under the authority of Section 440,20, Florida Statutes, unless the appellant’s (or cross-appellant’s) challenge to-the-award of any such benefits so certified is deemed abandoned as provided-b