Florida Statute 440.015 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.015

440.015 Legislative intent.—It is the intent of the Legislature that the Workers’ Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer. It is the specific intent of the Legislature that workers’ compensation cases shall be decided on their merits. The workers’ compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike. In addition, it is the intent of the Legislature that the facts in a workers’ compensation case are not to be interpreted liberally in favor of either the rights of the injured worker or the rights of the employer. Additionally, the Legislature hereby declares that disputes concerning the facts in workers’ compensation cases are not to be given a broad liberal construction in favor of the employee on the one hand or of the employer on the other hand, and the laws pertaining to workers’ compensation are to be construed in accordance with the basic principles of statutory construction and not liberally in favor of either employee or employer. It is the intent of the Legislature to ensure the prompt delivery of benefits to the injured worker. Therefore, an efficient and self-executing system must be created which is not an economic or administrative burden. The department, agency, the Office of Insurance Regulation, and the Division of Administrative Hearings shall administer the Workers’ Compensation Law in a manner which facilitates the self-execution of the system and the process of ensuring a prompt and cost-effective delivery of payments.

History.—s. 8, ch. 90-201; s. 6, ch. 91-1; s. 1, ch. 93-415; s. 10, ch. 2002-194; s. 466, ch. 2003-261; s. 3, ch. 2012-135.

F.S. 440.015 on Google Scholar

F.S. 440.015 on Casetext

Amendments to 440.015

Arrestable Offenses / Crimes under Fla. Stat. 440.015

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.015.

Annotations, Discussions, Cases:

Cases Citing Statute 440.015

Total Results: 20

American Airlines Group American Airlines and Sedgwick CMS v. Alejandro Lopez

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00

Snippet: benefits: indemnity benefits, governed by section 440.15 of the Florida Statutes; and remedial treatment

Bottling Group, LLC v. Giovanni E. Bastien

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-24T00:00:00-07:00

Snippet: reemployment at a reasonable cost to the employer.” § 440.015, Fla. Stat. (2021). The law operates without regard

Gulf Management, Inc., and Gallagher Bassett Services, Inc. v. Talmadge Wall

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: total disability benefits (“PTD”) under section 440.15(1), Florida Statutes. Gulf Management asserts several…that the Blake methods play in applying section 440.15(1) to the evidence when determining a PTD claim… adhered to. To be clear, though, it is section 440.15(1)(b), not Blake, that governs how an employee …residence, due to his or her physical limitation.” § 440.15(1)(b), Fla. Stat. (2009). 1 This is a fact question…40, § 10, at 228, Laws of Fla. (amending section 440.15(1)(b), Florida Statutes). The claimant had to prove

KATHLEEN WEAVER vs VOLUSIA COUNTY, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-21T00:00:00-07:00

Snippet: while they remained disabled. See generally § 440.15, Fla. Stat. (2019). The passage of section

DIVESTON MERLIEN v. JM FAMILY ENTERPRISES, INC., SHERIDIAN 441, LLC and BENDLES RENTALS, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-22T00:53:00-07:00

Snippet: policy.” It conforms to public policy. Section 440.015, Florida Statutes (2017), states: It is …defenses by employers and employees alike. § 440.015, Fla. Stat. (2017). Our Supreme Court offered a… medical benefits to an injured worker.” See § 440.015, Fla. Stat. (2017). We also note that this … medical benefits to an injured worker.” See § 440.015, Fla. Stat. (2017). As such, we hold that AlliedBarton

PATTY DAVIS v. SHERIDAN HEALTHCARE, INC. AND SHERIDAN RADIOLOGY SERVICES OF PINELLAS, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-16T00:53:00-07:00

Snippet: its intended application is set out in section 440.015: It is the intent of the Legislature… cost-effective delivery of payments." § 440.015. The WCL is "an efficient and self-executing…;economic or administrative burden[s]." § 440.015. And the legislature specified that the Department

SBCR, Inc. d/b/a Southern Concrete Repair, BITCO Insurance Companies v. Calvin Doss

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-01T00:53:00-07:00

Snippet: the JCC found that, in accordance with section 440.15(1)(f), Florida Statutes (2008), Claimant continued…supplemental PTD disability benefits under section 440.15(1), Florida Statutes (2009). When Claimant reached…paying supplemental benefits as provided in section 440.15(1)(f). This statutory provision states: [S

Publix Risk Management and Publix Super Markets, Inc. v. Teresa Carter

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-29T00:53:00-07:00

Snippet: 1 After Ahles, the Legislature amended § 440.15(4) to create an absolute bar to TPD benefits for…from post-injury employment for “misconduct.” § 440.15(4)(e), Fla. Stat. (2003). …are compensation “for disability.” Id. (quoting § 440.15, Fla. Stat.). And “disability” is defined by §

MJM Electric, Inc./OCIP and Sedgwick CMS v. William Spencer

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-29T00:53:00-07:00

Snippet: restrictions on the employee’s ability to work. § 440.15(4)(a), Fla. Stat. (2017); see also Wyeth/Pharma…alleged refusal of suitable employment under section 440.15(6). This statutory provision states that an employee…defense of a voluntary limitation under section 440.15(6) (refusal of suitable employment). See Moore,…of refusal of suitable employment under section 440.15(6) and REMAND for reconsideration with findings

Frederick Clarke v. Florida Department of Financial Services/ The Division of Risk Management

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-23T00:53:00-07:00

Snippet: has been removed from the statute, section 440.15(4)(a) “pins remuneration on what the employee ‘…refusal of suitable employment” found in section 440.15(6) to a voluntary limitation of income defense… “employment suitable to” his capacity, section 440.15(6), Florida Statutes (2003), applies. However, …Claimant just as if “he had remained employed.” § 440.15(7), Fla. Stat. (2003). Accordingly, we AFFIRM

Sharon Varricchio v. St. Lucie County Clerk of Courts and Ascension Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-29T00:53:00-07:00

Snippet: impairment benefits (“IBs”) pursuant to section 440.15(3), Florida Statutes (2013). The E/C then filed

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:53:00-07:00

Snippet: an efficient and self-executing system. § 440.015, Fla. Stat. Indeed, …reemployment at a reasonable cost to the employer.” § 440.015, Fla. Stat. (2016).

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:53:00-07:00

Snippet: an efficient and self-executing system. § 440.015, Fla. Stat. Indeed, …reemployment at a reasonable cost to the employer.” § 440.015, Fla. Stat. (2016).

William Kneer v. Lincare and Travelers Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-03T00:53:00-07:00

Snippet: the payment of permanent benefits under s. 440.15, in no event shall temporary benefits for a …the period of 104 weeks[ ∗] as provided in s. 440.15(2) and (4). Mental or nervous injuries are …total disability benefits as set out in section 440.15(2). This result was extended by this Court to the…partial disability benefits payable under section 440.15(4). See Gonzalez v. Visa, 204 So. 3d 987, 987-88…statute’s 104-week cap on temporary benefits in § 440.15(2)(a) violated article I, § 21, of the Florida

Kneer v. Lincare and Travelers Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-03T00:00:00-07:00

Citation: 267 So. 3d 1077

Snippet: Subject to the payment of permanent benefits under s. 440.15, in no event shall temporary benefits for a compensable…in the period of 104 weeks[* ] as provided in s. 440.15(2) and (4). Mental or nervous injuries are compensable…'s 104-week cap on temporary benefits in § 440.15(2)(a) violated article I, § 21, of the Florida …like him, up from the 104 weeks authorized in § 440.15(2)(a). Id. Claimant argues that his situation requires…x27;s limitation on psychiatric benefits. See § 440.015, Fla. Stat. (expressing the Legislature's

Kneer v. Lincare and Travelers Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-03T00:00:00-07:00

Citation: 267 So. 3d 1077

Nicole Payne v. Allstaff Inc/Summit

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-13T00:53:00-07:00

Snippet: February 2017. TPD benefits under section 440.15(4)(a), Florida Statutes (2016), are payable “only…below 80% of her pre-injury average weekly wage. § 440.15(4)(a), Fla. Stat. (2016). See, e.g., Toscano, 40

United States Fire Insurance Company and Oxford Shops of South Florida v. Virginia Hackett

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-13T23:53:00-08:00

Snippet: efficiently without skewing in favor of either side. § 440.015, Fla. Stat. Authority for IME We further

Matthew Marraffino v. Stericycle/Sedgwick CMS

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-29T23:53:00-08:00

Snippet: addressed in the prior order. Under section 440.15(4)(a), Florida Statutes (2014), TPD benefits are

Employbridge and Gallagher Bassett Services, Inc. v. Viviana Llanes Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-07T00:53:00-07:00

Snippet: offered by her employer was justifiable under § 440.15(6), Florida Statutes. We reverse because the record…the result, but I would hold that under section 440.15(6), Florida Statutes, an injured employee cannot…reemployment at a reasonable cost to the employer.” § 440.015, Fla. Stat. (2016); Moore v. Servicemaster Commercial…Claimant suitable modified-duty work under section 440.15(6), Florida Statutes, such that, once Claimant …compensation claims such refusal is justifiable.” § 440.015(6), Fla. Stat. (emphasis added). The Employer suggests