What if My Carrier is not Listed?

The electronic petition for benefits is challenging sometimes. It is designed to make the system work more easily, and more consistently. I recently had a judge question the operation of the system/form because an issue arose in a case. Essentially, an injured worker found her/himself facing a motion to dismiss based on the allegation that the Petition was not served on the correct carrier.

When a "new case" is started in e-JCC, it is begun by selecting "file new case." This leads to the next option, which is whether you will start with an "initial PFB" (petition for benefits) or an RACN (request for assignment of case number). Whichever is selected, the OJCC database will assign an OJCC case number. 

The "initial PFB" process begins with basic information including the last name, social security number and date of accident. This process allows the database to determine whether there is already a case involving these demographics. The goal is to have only one case number for any injured worker for each date of accident. After completing the remaining basic claimant information in the next screen, address, phone number, etc., the program allows you to add the identifying information for the Employer. The program will not let you proceed with identifying the Employer, it is a mandatory field. 

It is the Employer that is responsible for providing workers' compensation. This is reiterated in section after section of Chapter 440. An Employer may elect to secure compensation by purchasing workers' compensation insurance, thus bringing a "carrier" into the process for that employer, or may remain "self-insured" subject to various state regulations. But, there has to be an employer in every workers' compensation case. And, there can be more than one. The system will let you add multiple employers to an initial petition.

The next screen is for the Carrier. We have a list of carriers in the database. These carriers have registered with the OJCC. All employers and carriers are required to register with the OJCC. This is in Rule 60Q6.108(11). Registration includes U.S. Mail and email addresses "for receipt of all electronically served documents, including petitions for benefits."

Not every case must have a carrier. If an employer is insured, it is best to include the carrier. The law requires that the Petition is filed with the OJCC, see Fla. Stat. §440.192(1). This section goes on to require that the petition is served "by certified mail, or by electronic means approved by the Deputy Chief Judge, upon the employer and the employer's carrier."

In the e-JCC screen for selecting the carrier, all of the registered carriers are listed. The carrier portion of the electronic PFB is not "required;" you may click on "next" and not put a carrier in the petition form. Does this excuse the requirement of service? No, the statute says that the petition must be served on the "employer's carrier." Not selecting a carrier from this screen will merely mean that the carrier is not stated on the petition when filed, and will mean that the e-JCC system will not serve that petition on the carrier electronically. You will have to print that document and send it to the carrier using the statutory alternative, certified mail. 

If you elect that option, then file a motion to add the carrier to out database. This can literally be a one line motion: "The Claimant moves the OJCC to add the carrier Amalgamated Bicoastal Corporation to the database and to this case." Then we will get to work researching this company and get them added to the database and the case. 

If you want the carrier to be electronically served, you have to select it from the drop-down selections available on the carrier screen in the electronic PFB preparation process. This is limited to the listed carriers, because those are the carriers that have registered. Those are the carriers for which we have an address to e-serve the petition. We cannot allow parties to add carriers to the list, because we have to have the carrier designate what address we will use as they are thereby representing to us where we can serve that PFB. 

So what if your carrier "Amalgamated Bicoastal Corporation" is not listed as a registered carrier? You may find something similar such as "Amagamated Corporation" or "ABC Insurance." But you cannot know that these similar names are in fact the carrier you wish to serve, that is "Amalgamated Bicoastal Corporation." In a recent case, the attorney filing the petition decided to just select something that sounded similar and was close, selecting "Amagamated Corporation" (the names have been changed for this explanation). The petition was served on "Amagamated Corporation." That company moved to dismiss on the grounds that they did not insure the employer. 

The claimant's attorney argued that she/he had no choice but to select "Amagamated Corporation" because the list did not include the choice of "Amalgamated Bicoastal Corporation." There are some flaws in that logic. First, since there was no "Amalgamated Bicoastal Corporation," would you argue you could just select "Liberty Mutual" and that should be "good enough?" Of course not. But if you cannot randomly and effectively pick "Liberty Mutual" when you cannot find the carrier you need, you likewise cannot pick any other particular name that also does not match and have effective service because you think it is the one that looks the most like the one you need.

What do you do? Follow the instructions in the petition form. The instructions say "If your carrier does not appear on this list, please contact the OJCC Clerks Office." The phrase "OJCC Clerks Office" is a hyperlink to facilitate your easy email contact with us. We will try to locate the carrier you need. We will get the carrier registered so that their exact name, as you need it, is on the list. We will facilitate you using e-service on the right carrier. 

If you proceed without listing a carrier, you still need to let us know by motion so that we can research and add that carrier. We will need them in the system for others to file against later, and for service of orders and notices in this case. 

So, short answer, contact us if your carrier is not on the list and we will work to facilitate adding them. If your carrier is not on the list, do not select some other carrier based on your best guess of what other name is similar or closest to the name you need. Serving the wrong carrier accomplishes nothing. 

Once you request assistance with adding a carrier, you may then pause and wait for us to add the requested carrier. This generally takes a couple of days. Or, you may proceed without adding a carrier to the form in this petition. And when you have filed the petition, print it and mail it certified to the carrier which you have identified at the address which you have obtained. 

Whenever you use certified mail, it is always a good idea to scan and e-file the receipt you receive to prove delivery.