As amended through January 1, 2025
Rule 6-11.2 - DEFINITIONS(a) Workers' Compensation law. "Workers' compensation law" is the practice of law involving the analysis and litigation of problems or controversies arising out of the Florida Workers' Compensation Law.(b) Trial. "Trial" is the prosecution or defense of a client's claim for any substantive benefit, including entitlement to an attorney's fee. Pretrial, settlement, lump sum, attorney's fee hearings on the sole issue of the quantum fees, and motion hearings (including motions to be relieved of costs) are not considered trials. Substantial participation in a rule nisi petition and hearing for the enforcement of a workers' compensation order is a trial under this subdivision. Cases involving a merits hearing with a subsequent attorney's fee hearing on the question of entitlement to an attorney's fee on the same merit issues count as only 1 trial. Hearings or trials outside the jurisdiction of the Florida Office of the Judges of Compensation Claims and appeals of these matters (including, but not limited to, federal workers' compensation matters, Federal Longshore and Harbor Workers' Compensation Act matters, and other circuit court actions) cannot be used to meet the trial or protracted litigation standard.(c) Protracted Litigation. Protracted litigation" is litigation that involves unusual or complicated legal issues and extensive discovery but does not result in submission of the ultimate issue to the trier of fact or substantial presentation in the appeal of workers' compensation cases.(d) Substantial Equivalent. "Substantial equivalent" is preparation and publication of legal articles, the presentation of lectures and seminars, and the trial and submission to the trier of fact of any workers' compensation issues before any judge other than a Judge of Compensation Claims (JCC). In addition, the applicant can substitute 3 workers' compensation mediations to count as 1 trial if the applicant acted as mediator, but the applicant can only substitute 3 of this type of substantial equivalent (e.g., 9 mediations acting as mediator to equal 3 trials). The workers' compensation certification committee has sole discretion, which will be applied uniformly to all applicants, to determine what qualifies as a substantial equivalent, but substantial equivalents may not substitute for more than 5 of the required trials of workers' compensation cases.Added June 18, 1987, effective 7/1/1987 (508 So.2d 1236). Amended Sept. 21, 1989, effective 10/1/1989 (548 So.2d 1120); 7/23/1992, effective 1/1/1993 (605 So.2d 252); amended Oct. 31-Nov. 2, 1996, by the Board of Governors of The Florida Bar; amended May 21-22, 1998, by the Board of Governors of The Florida Bar; amended by Board of Governors August 22, 2003; amended October 21, 2011 by the Board of Governors of The Florida Bar; amended and effective 12/4/2020.