Morgan’s Tip of the Week-When does now start?
Many things we deal with in Florida WC have tight deadlines. For example, we have 30 days to respond to a Request to Produce, 7 days to pay an order, 14 days to issue a settlement check, 3 days to respond to a request for medical treatment from an authorized doctor to avoid waiving medical necessity on items under $1,000, etc….
But when does your clock start?
The “Q” Rules of Procedure for Workers’ Compensation Adjudications answers the question, but I am going to tell you to ignore it. The day you get a request or an order doesn’t count per 60Q-6.109:
“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 “Q” Rules state if anything comes due on “a Saturday, Sunday, or legal holiday, performance of that act shall be required on the next regular working day.”
BUT, a major disclaimer, the 1st DCA has already discounted the part of this same rule that says anything due in less than 7 days is business days in regard to the 1-time change caselaw. Therefore, in terms of best practices, I would recommend counting the day you get something as day 1, and also responding before a weekend or holiday rather than make the argument that you get the extension, just to avoid litigation and be safe. If it is something e-filed with DOAH, the date stamped at the bottom is the date you (AKA the Employer/Carrier) received it.
Of course if you run late, just know the rule says not to count the day you get it, count the following day as day 1.
Here is the Rule.
60Q-6.109. 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 on a Saturday, Sunday, or legal holiday, performance of that act shall be required on the next regular working day. When the period of time allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation. As used in this rule, legal holiday means those days designated in section 110.117, Florida Statutes.
Morgan Indek | Managing Partner