69L-3.012 Notice of Denial.
(1) If the claims-handling entity denies entitlement to any
benefit, or subsequently rescinds that denial, it shall send a copy
of Form DFS-F2-DWC-12, as adopted in Rule 69L-3.025, F.A.C., to the
employee, employer and any additional party requesting payment or
authorization. The Form DFS-F2-DWC-12 shall be mailed within 14 days
of the date the claims-handling entity decided to deny or rescind
the denial of benefits.
(2) If the claims-handling entity initially denies the
compensability of or coverage for a case, it shall send Form
DFS-F2-DWC-12 to the Division within 14 days after the
claims-handling entity receives notification of the injury, illness
or death. The claims-handling entity shall also mark the “Denied
Case” box on Form DFS-F2-DWC-1 pursuant to sub-subparagraph
69L-3.0045(1)(d)5.a., F.A.C.
(3) If the claims-handling entity initially denies only the
indemnity benefits of a claim, it shall send Form DFS-F2-DWC-12 to
the Division within 14 days after the claims-handling entity’s
notification of the injury, illness or death. The claims-handling
entity shall also mark the “Indemnity Only Denied Case” box on Form
DFS-F2-DWC-1, as adopted in Rule 69L-3.025, F.A.C., pursuant to
sub-subparagraph 69L-3.0045(1)(d)5.b., F.A.C.
(4) When the claims-handling entity denies any subsequent indemnity
benefit on a lost time case, it shall send Form DFS-F2-DWC-12. The
Form DFS-F2-DWC-12 shall be sent to the Division within 14 days of
the claims-handling entity’s knowledge of the requested benefit
being denied.
(5) If a Petition for Benefits is the claims-handling entity’s first
notification of an injury and the claims-handling entity denies the
case in its entirety, it shall send Forms DFS-F2-DWC-12 and
DFS-F2-DWC-1 to the Division within 14 days of the claims-handling
entity’s receipt of the Petition for Benefits.
(6) When the claims-handling entity has previously denied any
indemnity benefits for a lost time case and has sent Form
DFS-F2-DWC-12 to the Division, and then commences the payment of
indemnity benefits, the claims-handling entity shall send Form
DFS-F2-DWC-12 with the denial rescinded section completed. The “Date
Denial Rescinded” is the date the claims-handling entity decided to
rescind the denial. The Form DFS-F2-DWC-12 shall be sent to the
Division within 14 days of the date that the denial was rescinded.
(7) When an employee requests wage loss benefits for dates of
accident August 1, 1979 through December 31, 1993, by sending Form
DFS-F2-DWC-3, as adopted in Rule 69L-3.025, F.A.C., to the
claims-handling entity, and the wage loss calculation yields an
amount of benefits payable, but the claims-handling entity denies or
disputes the employee’s eligibility for those benefits, the
claims-handling entity shall, within 14 days of receipt of the Form
DFS-F2-DWC-3:
(a) Send to the Division the following:
1. Form DFS-F2-DWC-3, completed by the employee and the
claims-handling entity;
2. Form DFS-F2-DWC-12; and
3. A copy of any information or document relating to the employee’s
job search.
(b) Send to the employee the following:
1. Copies of the Forms DFS-F2-DWC-3; and
2. DFS-F2-DWC-12.
(8) When an employee files a Statement of Quarterly Earnings for
Supplemental Income Benefits for Dates of Accident January 1, 1994
through September 30, 2003, Form DFS-F2-DWC-40, as adopted in Rule
69L-3.025, F.A.C., and the supplemental income benefit calculation
yields an amount of benefits payable, but the claims-handling entity
denies or disputes the employee’s eligibility for those benefits,
the claims-handling entity shall, within 14 days of receipt of the
form:
(a) Send to the Division the following:
1. Form DFS-F2-DWC-40, completed by the employee and the
claims-handling entity; and
2. Form DFS-F2-DWC-12.
(b) Send to the employee the following:
1. Copies of the Forms DFS-F2-DWC-40; and
2. DFS-F2-DWC-12.
Specific Authority 440.185(5), 440.20(3), 440.591 FS. Law
Implemented 440.12(2), 440.14, 440.192(8), 440.20(2), (4), (9),
(15)(f), 440.207(2) FS. History–New 10-30-79, Amended 11-5-81,
5-30-82, 6-12-84, Formerly 38F-3.12, Amended 4-11-90, 1-30-91,
11-8-94, Formerly 38F-3.012, 4L-3.012, Amended 1-10-05.