Fla. Admin. Code Ann. R. 69L-10.011 - Informed Conclusion of Pre-existing Conditions for Proof of Claim
(1) Statements submitted to meet the proof
requirement of this rule section and Section
440.49(6)(a),
F.S., shall be by deposition, as authorized by Section
440.30, F.S., or by an original
affidavit.
(2) Except as provided
in Section 440.49(6)(a),
F.S., the claimant shall submit the sworn statement of the employer showing
that the employer had reached an informed conclusion prior to the occurrence of
the subsequent injury or occupational disease that the employee's pre-existing
condition was permanent and was, or was likely to be, a hindrance or obstacle
to employment. The employer's statement must fully explain the factual
conditions under which the informed conclusion was made and further fully
explain how the employer believed the pre-existing permanent condition was, or
was likely to be, a hindrance or an obstacle to employment. The claimant shall
support this statement with appropriate documentation, when possible.
(3) For those conditions or instances
specified in Section 440.49(6)(a),
F.S., giving rise to the conclusive presumption, the claimant shall submit the
sworn statement of the employer showing that the employer had knowledge of the
condition prior to the occurrence of the subsequent injury or occupational
disease. The claimant shall support this statement with all available
documentation.
(4) Affidavits filed
pursuant to this section shall include the following statement: "Under penalty
of perjury, I declare that I have read the foregoing; that the facts as alleged
are true, to the best of my knowledge and belief; and that a representative of
the Special Disability Trust Fund is authorized to contact me to confirm the
truthfulness of this statement." The affidavit will also include the address
and telephone number of the affiant. This requirement shall apply to affidavits
or depositions taken after July 19, 1992. Before any contact is made with any
person who has made a sworn knowledge statement by affidavit or deposition, the
SDTF shall first provide notice to the claimant's counsel of record that
contact is desired.
Notes
Rulemaking Authority 440.30, 440.49(6)(a), 440.591 FS. Law Implemented 440.49(2), 440.30 FS.
New 4-19-92, Amended 8-18-93, Formerly 38F-10.011, 4L-10.011.
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