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Compliance Corner
Serving a petition on a carrier is a necessary step in filing a workers' compensation claim in the Sunshine State, but what are the rules for doing it? That's just one of many compliance-driven items recently updated on Simply Research.
Here's how it works.
The Process
A petitioner must effectuate service on the carrier and on all affected parties by serving a copy of the Petition Form, and all supporting documentation submitted to the Department, by U.S. Postal Service certified mail on the specific entity identified on the Notice of Disallowance or Adjustment as the entity the carrier designates to receive service of the Petition Form and all supporting documentation on behalf of the carrier and all affected parties.
If the Notice of Disallowance or Adjustment does not specifically identify the name and mailing address of the entity the carrier designates to receive service on behalf of the carrier and all affected parties, the petitioner may effectuate service of the Petition Form upon the carrier and all affected parties by serving a copy of the Petition Form and copies of all documents and records in support of the Petition Form by USPS certified mail upon the entity who issued the Notice of Disallowance or Adjustment.
USPS Certified Mail Only
Service by delivery other than USPS certified mail or service by common carrier does not constitute service by USPS certified mail even if the carrier’s delivery and receipt of the documents are confirmed.
What Happens when a Carrier isn't Served?
If a carrier has not been properly served, the petitioner will be notified of the deficiency in service. The petitioner will have 20 calendar days from receipt of the notice of deficiency in service to provide proof the deficiency in service identified in the notice of deficiency has been cured by proper service. If the Department does not receive proof of proper service within 20 calendar days after Petitioner’s receipt of the notice of deficiency, the petition will be dismissed with prejudice.
What does 'Proof' Mean?
“Proof of proper service” means that a copy of the Petition Form, and one copy set of all documents and records in support of the petition have been delivered by USPS certified mail to the proper entity at the proper address as set forth in this rule, and a certified mail receipt number is provided to the Department to confirm service.
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About The Author
About The Author
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Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.
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