Revised Florida Workers’ Compensation Record Maintenance, Stop-Work Order Conditional Release Rules Effective September 6, 2015
Aug 27, 2015
A recently revised Rule relating to Florida workers’ compensation record maintenance and production becomes effective September 6, 2015, along with amendments to regulations governing the conditional release of Stop-Work Orders and Periodic Payment Agreements, according to the Florida Division of Workers’ Compensation (“DWC”).
Under Rule 69L-6.015, F.A.C., the business record retention period required for employers subject to Florida’s workers’ compensation law is reduced to two, rather than the three preceding years of employment activity required under the previous law.
Rule 69L-6.025, F.A.C. authorizes the DWC to issue an Agreed Order of Conditional Release From Stop-Work Order to an employer who has secured appropriate coverage, if the employer makes a minimum initial down payment to the DWC of $1,000 toward an assessed penalty and agrees to remit the remainder of the penalty in full or to make periodic payments in accord with the agreed payment schedule.
The revised Stop-Work Order Rule also includes new language to provide that an employer’s failure to comply with the terms and conditions of the Agreed Order of Conditional Release From Stop-Work Order will result in the issuance by the DWC of an Order Reinstating Stop-Work Order.
Such orders will only be rescinded upon an employer’s payment of the entire balance of the unpaid penalty, or in the alternative, upon the employer’s entering into a Payment Agreement Schedule for Periodic Payment of Penalty with the Department prior to the expiration of 21 days from the DWC’s issuance of an Order Reinstating Stop-Work Order.
The amended Rule also adds a definition for the term “immediately reinstated,” as well as provides for the electronic payment of penalties and revises incorporated forms. The Rule sections have been renumbered accordingly.
Rule 69L-6.015, “Record Maintenance and Production Requirements for Employers,” and Rule 69L-6.025, entitled “Conditional Release of Stop-Work Order and Periodic Payment Agreement,” were amended to conform to applicable provisions of Section 440.107, F.S., as revised under Chapter No. 2014-109, Laws of Florida.
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