Florida/Georgia Personal Injury & Workers Compensation

for certain benefits. See Fla. Stat. § 440.15 (1993 & 1994 Supp.). The statutory scheme provides

the right hand. The Deputy held that under Section 440.15(5) (d) (2), Florida Statutes 1959, F.S.A.,

the result of the compensable injury." (e.s.) § 440.15(3)(b)2, Florida Statutes. The facts detailed below

...Florida Statutes (1997). The statute is intended to provide a "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." § 440.015, Fla....

...compensation should not affect the pleading or proof of an intentional tort. Therefore, an employee-plaintiff should not be held to a higher standard than any other plaintiff in a non-work-related intentional tort case. Indeed, the plain language of section 440.015, Florida Statutes (1997), suggests that the Legislature did not intend workers' compensation immunity to be used to create a shield for employers to block intentional tort suits at the summary judgment phase....

...Accordingly, we quash the decision below and remand for further proceedings consistent with this opinion. It is so ordered. HARDING, C.J., and SHAW, WELLS, PARIENTE, LEWIS and QUINCE, JJ., concur. NOTES [1] We present the facts with some trepidation as to our ability to restate them with technical accuracy. [2] Section 440.015, Florida Statutes, provides in part: 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...

allowable for such benefits under the provision of Section 440.15(3)(b)3.d, Florida Statutes (1979). He launches

compensation order and assert that a 1983 amendment to § 440.15(3)(b)2, Florida Statutes, precludes an award of

position that there was a compensable claim under § 440.15(6) (f), in effect determining that the injury

benefits and degrees of disability set forth in Section 440.15. On the other hand, there are obvious dissimilarities

...ess than in generic civil and criminal litigation. As summarized by the court below, Henson asserts that because the workers' compensation scheme is based on "a mutual renunciation of common law rights and defenses by employers and employees alike," section 440.015, Florida Statutes (1995), the common law Frye standard could not be a bar to a claimant's recovery....

...inconsistent with the Legislature's stated intent that the workers' compensation system "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." § 440.015, Fla....

...On this basis, the district court certified the issue to this Court. Certainly, we recognize that in establishing the workers' compensation system, the Legislature intended to create an "efficient and self-executing system ... which is not *109 an economic or administrative burden." § 440.015, Fla....

permanent partial disability is prescribed in Section 440.15(3), F.S. 1951, F.S.A. Injuries specifically

access to courts challenge an amendment to section 440.15(3)(b), concerning permanent impairment benefits

104-05 (Fla. 1st DCA 1992). [14] Although section 440.15(9) specifically allows a reduction of workers'

that "disability", for purposes of Fla. Stat. § 440.15(3)(u), refers to a diminution of earning capacity

percentage of the prior average weekly wage, section 440.15(2), Florida Statutes (1980 Supp.), or to temporary

total disability and wage-loss benefits under section 440.15(3)(b), Florida Statutes (1979). The deputy

the Evaluation of Permanent Impairment? See section 440.15(3)(a)3, Florida Statutes (1979); Decor Painting

an offset for social security benefits under section 440.15(9), Florida Statutes (1985), which states in

which the claimant was entitled pursuant to section 440.15, Florida Statutes (1995), we reverse. In January

and on actual physical impairment. Fla. Stat. § 440.15(3) (u), F.S.A., provides that disability "means

non-scheduled injury to his back, compensable under § 440.15(3) (u), F.S.A. The injury resulted in a functional

disability benefits for 175 weeks as provided for by Section 440.15(3) (d), F.S.A. Thereafter petitioner filed

2d 989 (Fla. 1983), this court interpreted section 440.15(3)(b)2., Florida Statutes (1979), and stated:

claimant challenges the constitutionality of Section 440.15(3)(a)3, Florida Statutes (1979). The claimant

merges with, the effects of a workplace injury. § 440.15(5)(b), Fla. Stat. Apportionment is an affirmative

418 So.2d 322, 326 (Fla. 1st DCA 1982). Under Section 440.15(3)(b)2, Florida Statutes, the employee has

his average weekly wage at time of injury. Section 440.15(4)(b), Florida Statutes (1985), states in part:

...In response, Henson contends that the Florida workers' compensation statutory scheme leaves no room for Frye admissibility issues. First, he submits that, because the workers' compensation scheme is based on "a mutual renunciation of common law rights and defenses by employers and employees alike," section 440.015, Florida Statutes (1995), the common law Frye standard could not be a bar to a claimant's recovery....

...See Domino's Pizza v. Gibson, 668 So.2d 593, 596 (Fla.1996). We do share appellee's concern with the impact of applying Frye in workers' compensation cases. The legislature has sought to create an efficient, self-executing workers' compensation system, see section 440.015, Florida Statutes (1995), where the occupational cause of a workers' compensation injury is proven by "objective medical findings," "established to a reasonable degree of medical certainty." Section 440.09(1), Florida Statutes (1995)(emphasis supplied)....

"permanent impairment" benefits provided in section 440.15(3)(a) subject to apportionment. But the question

from the injury." (Emphasis added.) Moreover, section 440.15(3)(a)(4), Florida Statutes (1995), provides

adequate job search and the application of section 440.15(3)(b)2, Florida Statutes (1990). We conclude

...administrative burden. The Division of Workers' Compensation 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. § 440.015, Fla....

...compensation law not be construed liberally in favor of the employee or the employer. Rather, the Legislature has cautioned that the system is based upon "a mutual renunciation of common-law rights and defenses by employers and employees alike." See § 440.015, Fla....

...construed liberally in favor of the employee or the employer. Rather, the Legislature has cautioned that the system is based upon `a mutual renunciation of common-law rights and defenses by employers and employees alike.'" Majority op. 4-5 (quoting § 440.015, Fla....

...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. § 440.015, Fla....

...mines the workers' compensation scheme. A. The Exchange of Common Law Remedies for Statutory Remedies "The workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015 Fla....

...' compensation is gone. And such a result is in direct conflict with the legislative statement that "[t]he workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015, Fla....

...In its place, the Legislature enacted section 440.105, Florida Statutes (Supp.1994). This is a similarly worded statute, but the express private right of action of section 440.37(2)(c) is eliminated. [11] Notably, Sibley was decided before the passage of section 440.015, Florida Statutes. This statute, passed in 1990, provides that "[t]he workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015, Fla....

pre-disability earnings. See Fla.Stat. § 440.15(10); Dep’t of Transp., Div. of Risk Management

...that the dismissed action was pending; rather, the statute will run as if the dismissed action had never been filed. While both readings of the statute are permissible, we must determine which is the one more likely intended by the legislature. See § 440.015, Fla....

compensation disability benefits offset statute, section 440.15(9)(a), Florida Statutes (1991), provides in

weeks statutory hernia benefits pursuant to Section 440.15(6), Florida Statutes (1973); (3) a permanent

compensation of 175 weeks for "eye lost" under Section 440.15(3)(e), F.S.A. and rejected the carrier's contentions

...ablished by chapter 440, Florida Statutes. The declared legislative intent of the workers' compensation law is "to assure the quick and efficient delivery of disability and medical benefits to an injured worker at a reasonable cost to the employer." § 440.015, Fla....

11, F.S.A. [5] F.S. § 440.15(3) (a) to (t), inclusive, F.S.A. [6] F.S. § 440.15(3) (u), F.S.A. — "Other

...administrative burden. The Division of Workers' Compensation 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. § 440.015, Fla....

under the AMA Guides. Trindade concedes that Section 440.15(3)(a)3., Florida Statutes (1979), as interpreted

there is nothing unclear or ambiguous about section 440.15(5)(b); that, as a result, there is no reason

...The purpose of the Act is to compensate for loss of wage earning capacity due to work-connected injury. It is the capacity of the "whole man" not the capacity of the part-time or full-time worker that is involved. 262 So.2d at 194 (emphasis added). [4] When the 1990 Legislature substantially rewrote the Act, it created section 440.015, *81 Florida Statutes (Supp....

...overage but are nonetheless calculated to provide an adequate level of compensation to injured employees " (emphasis added). Any suggestion that the new definition of wages must control over the statutory and case law concept of AWW not only ignores section 440.015, it also takes no heed of the legislature's decision to maintain an adequate level of compensation....

Compensation Division, in accordance with Florida Statute 440.15(9)(c)."[1] The deputy commissioner continued

...njuries. The stated intent of the statute is "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." See § 440.015, Fla....

So.2d 322 (Fla. 1st DCA 1982). Pursuant to Section 440.15(3)(b)2, Florida Statutes (1981), a claimant

benefits in accordance with Florida Statutes, Section 440.15(3)(b) (1990). Additionally, Plaintiff alleges

impairment rating pursuant to the requirements of § 440.15(3)(a) (Supp.1990). Plaintiffs allege that, on

the claim for catastrophic loss, provided in Section 440.15(2)(b), Florida Statutes (1979), as a denial

...fits to workers who are injured on the job during the course of their employment. See generally §§ 440.01-440.60, Fla. Stat. (2006). The system is "based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015, Fla....

claimant's wage loss and his injury. We agree. Section 440.15(4)(b), Florida Statutes (1985), states in part:

disability "due to physical limitation" under § 440.15(1)(b), Florida Statutes; (2) voluntary limitation

...ming work. We see nothing, however, in the extensive revisions to the Workers' Compensation Law to indicate the Legislature intended to broaden tort liability of employers in this fashion as a solution to the workers' compensation crisis. See, e.g., § 440.015, Fla.Stat....

...As previously noted, this construction would broaden the potential tort liability for every employer in Florida. Moreover, this construction would contravene the legislative intent to ensure the prompt delivery of benefits to the injured worker by an efficient and self-executing system. § 440.015, Fla.Stat....

application of the "deemed earnings" provision of Section 440.15(4)(b), Florida Statutes (1987) with respect

permanent partial disability benefits under section 440.15(3)(u), Florida Statutes (1974 Supp.).[1]*1178

(PTD) benefits would be suspended pursuant to section 440.15(1)(f)2.b., Florida Statutes (Supp.1994), unless

The issue raised by this appeal is whether Section 440.15(3)(a) and (b), Florida Statutes (1981), is

...The Florida Supreme Court recently quoted language from Daniel with approval in Broward v. Jacksonville Medical Center, 690 So.2d 589 (Fla. 1997), in deciding a case that arose under the 1993 statute. But, by enacting chapter 93-415, section 1 at 68, Laws of Florida, now codified as section 440.015, Florida Statutes (1997), the Legislature has placed a different gloss on the Workers' Compensation Law, declaring that disputes concerning the facts in workers' compensation cases are not to be given a broad liberal construction in f...

...1st DCA 1998); City of Pensacola Firefighters v. Oswald 710 So.2d 95 (Fla. 1st DCA 1998). Here, too, we adhere to "the basic principles of statutory construction," which neither require nor permit that all ambiguities be resolved "liberally in favor of either employee or employer." § 440.015, Fla....

finding of lack of permanent impairment, see Section 440.15, Florida Statutes (1985), and we affirm on

had therefore met her burden of proof under section 440.15(1)(b), Florida Statutes (1991), to show that

...made whole for all costs necessary to maintain the claim. Any conclusion to the contrary would obfuscate the expressed purpose "to ensure the prompt delivery of benefits to the injured worker," and to create "an efficient and self-executing system." § 440.015, Fla....

impairment suffers a subsequent compensable injury. § 440.15(5) (d), Fla. Stat., F.S.A. In cases within the

substantive argument as to the JCCs application of section 440.15(4)(a)-(e), Florida Statutes (2007), which establishes

for medical services to the injured employee, section 440.15, disability benefits, including permanent total

governing the payment of TPD benefits pursuant to section 440.15(4), Florida Statutes (2007). Distinct from

Associate Judge, concur. NOTES [1] Under section 440.15(3)(b)4d(I), Florida Statutes (Supp. 1990),

amendment to Florida's workmen's compensation law, section 440.15(10) of the Florida Statutes, permitting Florida

deputy awarded PPD benefits to claimant under Section 440.15(3)(u), Florida Statutes (1977). This subsection

...The express legislative intent behind the worker's compensation statute is 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." § 440.015, Fla....

earnings provision of the previous statute, see section 440.15(4)(b), Florida Statutes (1993), which had enabled

...ion 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. § 440.015, Fla....

during any period of incarceration, pursuant to section 440.15(8), Florida Statutes. 2) Claimant was responsible

Workmen's Compensation Law [which appears now as Section 440.15(5), Subsequent Injury; Special Disability Fund]

earnings from July 23, 1980 to October 1, 1980. Section 440.15(3)(b)2, Fla. Stat. (1979) provides that if

...*471 Workers' Compensation Immunity Florida's workers' compensation scheme was designed "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." § 440.015, Fla....

...Both parties recognize the stated intent of the Worker's Compensation Act is 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. § 440.015, Fla....

partial disability for the loss of a hand under Section 440.15(3) (c), Florida Statutes, F.S.A., or whether

deputy erred by "deeming," in accordance with § 440.15(4)(b), Florida Statutes (1979), minimum wage as

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)1, FLORIDA STATUTES (1985), IS THE EMPLOYER

September 23 and, in the pro forma language of Section 440.15(4)(c), during the continuance of such disability;

10% physical impairment. The applicable law, section 440.15(3)(u), Florida Statutes (1977), provides that

denying catastrophic loss benefits pursuant to § 440.15(2)(b), Florida Statutes (1979), and denying attorney's

there was no actual wage loss as required by Section 440.15(4), Florida Statutes (1983). For the period

...That purpose is to "assure the quick and efficient delivery of disability and medical benefits to an injured worker at reasonable cost to the employer," based "on a mutual renunciation of common law rights and defenses by employers and employees alike." § 440.015, Fla....

attorney's fee, supplemental benefits provided in section 440.15(1)(e)1. should not be included in the computation

benefits, and Claimant met the burden set forth in section 440.15(1)(b), Florida Statutes (1989), "to establish

whose employ the subsequent injury occurred. F.S. § 440.15(5)(d) 6(a), F.S.A., provides as follows: "a. Special

voluntarily limited his income. However, under section 440.15(3)(b)1, Fla. Stat. (1985), claimant must have

recovery of wage loss benefits pursuant to section 440.15(3)(b), Florida Statutes, however, an employee

Carr for "permanent impairment" benefits under Section 440.15(3)(a)1, which provides for a one-time payment

impaired claimant absent voluntary limitation. § 440.15(3)(b)2, Florida Statutes. Although the record

pursuant to the "catastrophic loss" provisions of Section 440.15(2)(b), Florida Statutes (1979). The claim also

further work search under the requirements of section 440.15 is a question of fact for the deputy commissioner

employment status due to a compensable injury. § 440.15(3)(b)2, Fla. Stat.; Edwards v. Caulfield, 560

earnings for the accrued periods in question. Section 440.15(3)(b)2, Florida Statutes. That is the effect

failure to report pursuant to the newly amended section 440.15(3)(b)2., Florida Statutes (Supp. 1990). We

that hernia claims are compensable only under section 440.15(6), Florida Statutes 1951, F.S.A.; that under

compensation award pursuant to the offset provision in section 440.15(9), Florida Statutes (1985). Wilcox contends

one of the goals motivating the enactment of section 440.15(3)(b), Florida Statutes (1979), making employees

practical purposes, useless. He now argues that Section 440.15(3)(a)1, Florida Statutes (1980), which limits

Worker's Compensation Law[1] (the "Statute"), section 440.15(3)(a)(3),[2] dealing with "permanent impairment

"conclusive proof of a substantial earning capacity," § 440.15(1)(b), Fla. Stat. (1991), nor "a substitute for

...sive modification, should still be interpreted to assure the quick and efficient delivery of medical benefits in a "self-executing system." Moreover, such a stark construction renders the self-help provision of the statute virtually meaningless. See § 440.015, Fla....

provisions of the Workers' Compensation Law. Section 440.15(1)(b) Florida Statutes, (Supp.1994) limits

administratively take the statutory offset. Section 440.15(10), Florida Statutes (1981). We find no error

Lindsey's permanent disability benefits to Section 440.15(10), Florida Statutes (1979), which provides

Evaluation of Permanent Impairment[1] referred to in Section 440.15(3)(a)3, Florida Statutes (1979). We agree and

of a wage-loss on a month-by-month basis. See § 440.15(3)(b)1, Fla. Stat. (Supp. 1980). AFFIRMED. ROBERT

...The workers' compensation system is clearly intended to be self-executing, with the resort to adversarial proceedings being undertaken only as a last recourse to resolve intractable disputes between petitioners and employers and their insurance carriers. See § 440.015, Fla....

...Thereafter, the claim for treatment to the neck and back was addressed by the JCC and a pending claim regarding wage loss was abandoned. Thus, the denial of authorization for surgery on the left ankle is now ripe for review. [2] The statement of legislative intent provided in section 440.015 provides in part: 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.......

evidentiary predicate for certain determinations. Section 440.15(3)(a)3 provides that "the division shall establish

2d 204 (Fla. 1st DCA 1983) (the provision of section 440.15(3)(b)3.d., Florida Statutes (1979), which terminates

not to exceed 20% of the bi-weekly benefits. See § 440.15(12), Fla. Stat. (2008). In essence, the statute

claimant's condition. The deputy interpreted Section 440.15(3)(a)2, Florida Statutes (1979),[2] as requiring

provides any support for such a reduction. Section 440.15(3)(b)7, Florida Statutes (1991), allows an

deputy of the "deemed earnings" provision of Section 440.15(3)(b)2., Florida Statutes (1979).[1] We decline

of the body as a whole. The last sentence in Section 440.15(3)(u), Florida Statutes 1978, defines "disability"

claimant's ability to perform appropriate employment. § 440.15(3)(b), Fla. Stat. Id. at 412. In the present case

the claimant's deemed earnings pursuant to section 440.15(4)(b), Florida Statutes. The order contains

Workers' Compensation Trust Fund pursuant to section 440.15(1)(e), Florida Statutes (1981). To partially

...The Florida legislature intended the statute to provide "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." Fla. Stat. § 440.015 (2002)....

permanent physical impairment as required by Section 440.15(3)(b), Florida Statutes. The deputy, however

be classified as a "scheduled injury" under Section 440.15(3), Florida Statutes, F.S.A., as an injury

determined in accordance with the AMA Guides. § 440.15(3)(a)3, Fla. Stat. (1983). In other words, because

frames for calculating wage loss benefits under section 440.15(3)(b)(2) are encountered when a claimant is

offset of social security benefits as provided by § 440.15(10), Florida Statutes (1979). That section specifically

should have applied the criteria contained in section 440.15(1), Florida Statutes (Supp.1994). The final

the appellee voluntarily limited his income. Section 440.15(3)(b)2, Florida Statutes (1981), provides that

...We then state the certified questions. A. Florida’s Workers’ Compensation Act The right of an injured employee to recover from his employer for an injury sustained in the course of his employment is governed by Florida’s Workers’ Compensation Act. See Fla. Stat. § 440.015....

to wage-loss benefits had terminated under section 440.15(3)(b)3.a., Florida Statutes (1981). If a claimant

employment status due to a compensable injury. § 440.15(3)(b)2, Fla. Stat.; Edwards v. Caulfield, 560

"employee refuses employment" provisions of section 440.15(7), Florida Statutes (2001), when awarding

since permanent impairment benefits under section 440.15(3) do not require a claimant to establish disability

...ployees for work-related injuries and is intended to provide a "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." § 440.015, Fla....

...e 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. § 440.015, Fla....

compensation order: 17. As to the issue regarding section 440.15(13), Florida Statutes (Supp.1994), I find this

claims erred in disqualifying her, pursuant to section 440.15(4)(e), Florida Statutes (2004), based on the

...aken alone. In short, we conclude that the JCC's finding of major contributing cause is not supported by competent, substantial evidence. REVERSED and REMANDED for proceedings consistent with this opinion. BENTON AND PADOVANO, JJ., concur. NOTES [1] Section 440.015, Florida Statutes (1994 Supp.), provides in pertinent part: "Legislative intent.-......

..."Honesty is not a luxury to be invoked at the convenience of a litigant." Baker v. Myers Tractor Servs., Inc., 765 So.2d 149, 150 (Fla. 1st DCA 2000) (quoting trial court's order). The workers' compensation system is designed to be efficient and self-executing. See § 440.015, Fla....

...Certainly, allowing a party to delay seeking an emergency medical advisor until trial, when disagreement in the medical opinions is evident earlier, would not facilitate the legislative intent of the worker's compensation law "to ensure the prompt delivery of benefits to the injured worker." § 440.015, Fla....

thereafter paid impairment benefits pursuant to section 440.15(3)(a), Florida Statutes (1995), based on orthopedic

the e/c from December 1984 through June 1985. Section 440.15(10)(b) states that "unemployment compensation

that they were entitled to do so pursuant to the § 440.15(10)(a) offset provision. A hearing was held on

93-415, § 20, at 120, 128, Laws of Fla. (amending § 440.15(2), (4), Fla. Stat.). We explained in City of

...The majority's interpretation of section 440.19 defeats the objective of the workers' compensation law to facilitate the prompt receipt of benefits to claimants, which includes the prompt receipt by the claimant of the procedures to receive such benefits. See § 440.015, Fla....

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)(1), FLORIDA STATUTES (1985), IS THE EMPLOYER

v. Nolen, 147 So.2d 569 (Fla. 2d DCA 1962). Section 440.15(5)(a) states that: The fact that an employee

for the injury to her right knee, pursuant to § 440.15(3)(b), Florida Statutes; that this Court erred

this question turns on the interpretation of Section 440.15(3)(u), F.S.A. The theory of the Workmen's Compensation

able to earn during temporary disability under § 440.15(4)(b), Florida Statutes, complies precisely with

in section 440.02, Florida Statutes (1995). See § 440.15(1)(b), Fla. Stat. (1995). In the absence of one

for that period is payable to his dependents. § 440.15(8), Fla. Stat. (1991). Accordingly, the order

...opinions; all other medical opinions expressed by the EMA carry the same weight as that of an independent medical examiner or an authorized treating physician. The Legislature has made it clear that cases are to be decided on their merits. See § 440.015, Fla....

responsible for payment of these benefits. See § 440.15(5)(a), Fla. Stat. (1999) ("Compensation for temporary

impairment for the loss of sight in one eye under Section 440.15(3)(a), Fla. Stat. (Supp. 1980). Appellant raises

the Evaluation of Permanent Impairment. See Section 440.15(3)(a)(3), Florida Statutes. We agree and reverse

constituting injuries to the body as a whole under Section 440.15(3)(u), Florida Statutes.[1] Noting that scheduled

entitled to catastrophic loss benefits pursuant to Section 440.15(2)(b), Florida Statutes, and Van Eyk v. R.N

cross-appeal challenging the constitutionality of § 440.15(3)(b)3.d, Florida Statutes (1980 Supp.).[1] For

JJ., concur. ADKINS, J., dissents. NOTES [1] § 440.15(3)(a)1. provides: 1. In case of permanent impairment

...Thus, the limited statutory provision we invalidate today was itself at odds with a central premise of compensation law. Moreover, it directly contravenes the intent of our legislature recently set out in the 1993 revisions to the workers' compensation law: "[W]orkers' compensation cases shall be decided on their merits." § 440.015, Florida Statutes (1994 Supp.)....

she left her employment "without just cause." § 440.15(7), Fla. Stat. (2004) ("If the employee leaves

exceeded his $1,118 monthly AWW. Dixon argued that section 440.15(10), Florida Statutes (Supp.1994), prevents

for permanent benefits, since, pursuant to Section 440.15(5)(a), Florida Statutes, as between employers

...ll be applied, the method for determination, or by whom the determination is to be made. This obviously does not further the legislative goal of creating an "efficient and self-executing system ... which is not an economic or administrative burden." § 440.015, Fla....

do even light work on an uninterrupted basis. § 440.15(1)(b), Fla. Stat. (1985); Carson v. Gaineswood

disability was not determined in conformity with section 440.15(3), Fla. Stat., and that the finding was otherwise

(Fla. 1st DCA 1983), in which we observed that Section 440.15(1)(b), Florida Statutes, generally places the

...Whatever the reasons, the claimant has failed to meet her burden of proof in this case. With the repeal of Section 440.26, Florida Statutes, which provided for the presumptions in favor of claimants in workers compensation cases, and with the enactment of Section 440.015, Florida Statutes, which abolished the concept of liberal construction in favor of claimants, a claimant must establish a prima facie case based on a preponderance of competent, substantial evidence in order to establish causal relationship....

...ating their meaning. In any event, they continue, the statutory amendments are procedural only and can be given retroactive effect as done in the order. We need not decide in this case whether the repeal of section 440.26(1) [1] and the enactment of section 440.015 [2] *102 should be given retroactive effect....

...nts. In view of this explicit ruling, we cannot treat as harmless the judge of compensation claims's application of the higher burden of proof rule. While the judge of compensation claims cited the repeal of subsection 440.26(1) and the enactment of section 440.015 as authority for modifying the established burden in workers' compensation cases and applying the greater burden of proof, neither of these statutory provisions speaks in terms of burden of proof, and neither explicitly alters or modi...

...This subsection merely creates an evidentiary presumption that, in an appropriate case, could assist a claimant in proving that the injury occurred in the course of employment; it has nothing to do with defining the overall burden of proof on a claimant. Section 440.015 likewise contains no explicit mention of the burden of proof (see note 2)....

...ion claims from giving a "benefit of the doubt" to either the claimant or the employer when drawing inferences from predicate facts, a practice heretofore condemned by this court in Uniweld Products, Inc. v. Lopez, 511 So.2d 758 (Fla. 1st DCA 1987). Section 440.015 is lacking the kind of explicit language necessary to alter, modify, or repeal the established burden of proof rule applied in workers' compensation cases in this state for more than 30 years; thus, we are constrained by accepted prin...

...he vast majority of cases by placing on the employer and carrier the burden to "assure the quick and efficient delivery of disability and medical benefits to an injured worker at a reasonable cost to the employer," to quote from the recently enacted section 440.015....

...l court proceedings would quickly change the workers' compensation scheme to a purely adversarial system and effectively scuttle the self-executing nature of the system. These additional considerations likewise support rejection of the argument that section 440.015 changed the burden of proof in workers' compensation cases....

...(2) That sufficient notice of such claim has been given. (3) That the injury was not occasioned by the willful intention of the injured employee to injure or kill himself or another. Subsection 440.26(1) was repealed effective June 26, 1990, by chapter 90-201, section 26, Laws of Florida. [2] Section 440.015, Florida Statutes (Supp. 1990), provides: 440.015 Legislative intent....

number of years from the date of the accident. See § 440.15(1), Fla. Stat. (1987). At the time of the accident

...pay the difference between jury pay and her salary, fined the employer $250.00, and enjoined any deprivation of seniority or managerial benefits. Id. at 1056-57. The public policy of Florida expressed by the legislature favors appellant's position. Section 440.015, Florida Statutes (1997), entitled "Legislative Intent," provides in pertinent part that: "The worker's compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." Because of the renunciation of rights against the employer, "it is the intent of the Legislature to ensure the prompt delivery of benefits to the injured worker." § 440.015, Fla....

...Orkin Exterminating Company, 692 So.2d at 259. Based on the case law and reasoning of the Florida Supreme Court and the Third District in Scott, Smith, and Montes de Oca, I would affirm the trial court. Furthermore, there is no indication whatsoever in section 440.015 that the legislature intended for the circuit courts of this state to regulate the ongoing employment relationship between an employer and employee....

amending section 440.15(2) and (4), Fla. Stat. Effective January 1, 1994, section 440.15(3)(a)4., Florida

work-related injuries with the same employer. Under § 440.15(5), Florida Statutes (1977), the employer should

substantial competent evidence for that view. Section 440.15(3)(b)(2), Florida Statutes (1979), states that

wage loss, in light of the 1983 amendment to section 440.15(3)(b)2, Florida Statutes. On cross appeal,

catastrophic sort for which special benefits are payable, § 440.15(2)(b). That decision might arguably be confined

compensation benefits for six weeks under F.S. Section 440.15(6), F.S.A. A hearing was held before the deputy

claimant met the initial burden required in Section 440.15(3), Florida Statutes (1979), of establishing

but is an award of wage loss benefits under section 440.15(3)(b), payable after claimant has reached MMI

employer/carrier's liability to the claimant pursuant to section 440.15(5)(a) for temporary disability and medical