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Division Director

Tanner Holloman

Assistant Director

Andrew Sabolic


Workers' Compensation
200 East Gaines Street
Tallahassee, FL 32399-0318
Workers' Compensation Claims
(800) 342-1741
Workers' Compensation Exemption/ Compliance
(850) 413-1609
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Disclosure of Medical Information

Chapter 440, F.S., requires the prompt delivery of benefits to the injured employee and reasonable access to medical information relevant to an occupational injury or illness for which compensation is sought. To ensure this intent is accomplished, a provider is required by statute to complete the form DFS-F5-DWC-25 to communicate to the insurer an injured employee’s medical treatment plan and medical status A provider is also required to make such medical information available to all affected parties to facilitate the self-executing features of the WC law. Affected parties include the employer, the insurer, a qualified rehabilitation provider, or the attorney for the employer or insurer.

The communication of the injured employee’s medical condition and disability status also includes addressing the injured employee’s Date of Maximum Medical Improvement (MMI Date) and assigning a Permanent Impairment Rating (PI Rating).

Pursuant to section 440.02(10), F. S., the MMI Date means the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability.

A permanent impairment is defined in section 440.02(22), F.S., as any anatomical or functional abnormality or loss determined as a percentage of the body as a whole, existing after the date of maximum medical improvement, which results from the injury.   Once the injured employee reaches MMI, any permanent impairment or the assignment of a PI rating can only be determined by a physician, pursuant to section s.440.15(3)(b), F.S.

A provider’s failure to communicate to the insurer the injured employee’s medical condition and disability status in a timely manner may result in the delay of the provision of benefits to which the injured employee is entitled. Failure to provide this information may also result in the delay or non-payment of reimbursement for services rendered.

Failure to release medical records or information upon a reasonable request or to release full and truthful medical reports of all his or her findings shall constitute a violation of Chapter 440, F.S., subject to penalties imposed by the Division.

Special Reports

An insurer may request a Provider to submit a Special Report to clarify the medical necessity of billed services or medical records required by the insurer to determine an injured employee’s entitlement to benefits. Special Report requests shall be in writing and requested at the time authorization is given or upon receipt of a medical bill for which there is insufficient documentation to substantiate the medical necessity of billed services.

Release of Medical Records and information (s 440.13(4)(c), and (16)(c), F.S.)

The release of medical records and information does not require the written authorization of the injured employee. Pursuant to s. 440.13(4)(c), F.S., an employee who reports an injury or illness alleged to be work-related, waives any physician-patient privilege with respect to any condition or complaint reasonably related to the condition for which the employee claims compensation. Therefore, a provider must release the injured employee’s medical records or discuss the medical status of the injured employee upon request from an affected party, when such discussions or records are restricted to the workplace injury.

Failure to release medical records or information upon a reasonable request or to release full and truthful medical reports of all his or her findings shall constitute a violation of Chapter 440, F.S., subject to penalties imposed by the Division.

Charges for Copies of Medical Records and Reports

A provider may charge an injured employee or his or her attorney to furnish copies of office notes,
• Fifty cents ($.50) per page for copying records
• Provider’s actual cost for copying X-rays, microfilm or other non-paper records

A provider may charge the insurer the industry-accepted copying charges, pursuant to s. 456.057, and s. 395.3025, F.S., for copies of medical notes, records and charts. A provider may not charge for medical records and information requested by the Division.