Over the years, the Florida workers’ compensation system has encountered numerous changes to the alleged self-executing process, and the use and assertion of affirmative defenses in litigation of these on-the-job injuries are no different. In accordance with the applicable rules of Florida law under Chapter 440, as well as the Rules of Procedure for Workers’ Compensation Adjudications, (better known as the 60Q Rules), any affirmative defenses, or objections to those defenses, raised by the Claimant or the Employer/Carrier, must be pled with specificity and properly identified in the parties’ pretrial stipulation. Failure to provide these affirmative defenses and/or objections with as much detail as possible could very likely result in these affirmative defenses or objections to be stricken by the Court and properly dismissed from the proceedings before the judge.
While Florida workers’ compensation law does not identify what an affirmative defense IS exactly, there is a nonexclusive list provided for in the Florida Rules of Civil Procedure. With this list in mind, the First District Court of Appeal has characterized various affirmative defenses that are more prevalent and widely used in workers’ compensation cases. These affirmative defenses include: laches, retention of earning capacity, misrepresentation, misconduct, intoxication, statute of limitations, willful intention to cause injury, waiver, estoppel, acquiescence to authorization of provider, refusal of safety device or ignoring safety rule, voluntarily limitation of income, lack of coverage, apportionment, and accord and satisfaction.
While the 60Q Rules provide for a specificity requirement with regard to raising affirmative defenses or objections, the Rules are silent with respect to how the parties, or their attorneys, should address this lack of specificity. Often times, in response to affirmative defenses, the objecting party will simply note the defense is vague or non-specific in the pretrial stipulation. However, handling an objection this way, does not afford the judge of compensation claims an opportunity to hear the parties’ arguments on the issue until the parties appear for the final merit hearing (trial). This seems highly impractical, as additional discovery and establishing a plan and preparation for the final hearing is dictated by the affirmative defenses listed in the pretrial stipulation. And if the Court intends to strike these affirmative defenses, then both parties have wasted time, money and resources developing these defenses or objections. As a practical matter, it would be more prudent to look to the Florida Rules of Civil Procedure and file a Motion for More Definite Statement. Once this pleading is prepared and filed with the Court, the judge can hold a separate hearing on the Motion, and provide a ruling well in advance of the final hearing.
Overall, when reviewing a case to establish your affirmative defenses or response/objections to those defenses, it is best to work with your attorney on the facts of your case to ensure these are properly identified. Litigation of workers’ compensation cases is very complex with nuances at every turn, and relying on an experienced workers’ compensation attorney is critical with regard to how successful you can be once your case finally comes before the judge.
Please call today for more information on your legal rights at 904-358-3300
