Florida Statute 440.015 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

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 CourtListener

Amendments to 440.015

Annotations, Discussions, Cases:

Cases Citing Statute 440.015

Total Results: 1000

Cramer v. State of Florida

117 F.3d 1258, 7 Am. Disabilities Cas. (BNA) 115, 1997 U.S. App. LEXIS 18941

Court of Appeals for the Eleventh Circuit | Filed: Jul 24, 1997 | Docket: 236273

Cited 264 times | Published

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

Sharer v. Hotel Corporation of America

144 So. 2d 813

Supreme Court of Florida | Filed: Sep 21, 1962 | Docket: 2517391

Cited 82 times | Published

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

Turner v. PCR, INC.

754 So. 2d 683, 2000 WL 232595

Supreme Court of Florida | Filed: Mar 2, 2000 | Docket: 431377

Cited 70 times | Published

reemployment at a reasonable cost to the employer." § 440.015, Fla. Stat. (1997).[2] To that end, "[t]he workers'

Chaffee v. Miami Transfer Company, Inc.

288 So. 2d 209, 1974 Fla. LEXIS 4511

Supreme Court of Florida | Filed: Jan 9, 1974 | Docket: 1696364

Cited 54 times | Published

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

Regency Inn v. Johnson

422 So. 2d 870

District Court of Appeal of Florida | Filed: Sep 23, 1982 | Docket: 1739930

Cited 46 times | Published

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

Sasso v. Ram Property Management

431 So. 2d 204

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 456088

Cited 40 times | Published

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

Carraway v. Armour and Company

156 So. 2d 494

Supreme Court of Florida | Filed: Sep 11, 1963 | Docket: 2452034

Cited 40 times | Published

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

City of Clermont v. Rumph

450 So. 2d 573

District Court of Appeal of Florida | Filed: May 11, 1984 | Docket: 1432827

Cited 38 times | Published

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

Ball v. Mann

75 So. 2d 758

Supreme Court of Florida | Filed: Sep 24, 1954 | Docket: 474912

Cited 35 times | Published

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

Sasso v. Ram Property Management

452 So. 2d 932

Supreme Court of Florida | Filed: Jun 28, 1984 | Docket: 474517

Cited 33 times | Published

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

DIV. OF WORKERS'COMP, ETC. v. Brevda

420 So. 2d 887

District Court of Appeal of Florida | Filed: Oct 8, 1982 | Docket: 1711401

Cited 32 times | Published

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

US Sugar Corp. v. Henson

823 So. 2d 104, 27 Fla. L. Weekly Supp. 551, 2002 Fla. LEXIS 1159, 2002 WL 1208720

Supreme Court of Florida | Filed: Jun 6, 2002 | Docket: 1512775

Cited 31 times | Published

defenses by employers and employees alike," section 440.015, Florida Statutes (1995), the common law Frye

Sunland Hospital/State of Fla. v. Garrett

415 So. 2d 783

District Court of Appeal of Florida | Filed: Jun 7, 1982 | Docket: 459133

Cited 31 times | Published

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

Rucker v. City of Ocala

684 So. 2d 836, 1996 WL 708614

District Court of Appeal of Florida | Filed: Dec 5, 1996 | Docket: 1482013

Cited 30 times | Published

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

Holiday Care Center v. Scriven

418 So. 2d 322

District Court of Appeal of Florida | Filed: Aug 2, 1982 | Docket: 1288736

Cited 28 times | Published

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

City of Hollywood v. Lombardi

770 So. 2d 1196, 25 Fla. L. Weekly Supp. 895, 2000 Fla. LEXIS 2039, 2000 WL 1535366

Supreme Court of Florida | Filed: Oct 19, 2000 | Docket: 1779060

Cited 25 times | Published

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

Escambia County Sheriff's Dept. v. Grice

692 So. 2d 896, 22 Fla. L. Weekly Supp. 234, 1997 Fla. LEXIS 596, 1997 WL 214014

Supreme Court of Florida | Filed: May 1, 1997 | Docket: 435636

Cited 22 times | Published

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

Southern Bell Telephone & Telegraph Co. v. Bell

116 So. 2d 617

Supreme Court of Florida | Filed: Oct 14, 1959 | Docket: 2517623

Cited 21 times | Published

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

FLA. INDUSTRIAL COM'N EX REL. SPECIAL DISABILITY FUND v. Nat. Trucking Co.

107 So. 2d 397

District Court of Appeal of Florida | Filed: Dec 9, 1958 | Docket: 1335997

Cited 21 times | Published

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

Walker v. Electronic Products & Engineering Co.

248 So. 2d 161, 1971 Fla. LEXIS 3673

Supreme Court of Florida | Filed: May 19, 1971 | Docket: 1688334

Cited 20 times | Published

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

Henderson v. Sol Walker and Company

138 So. 2d 323

Supreme Court of Florida | Filed: Feb 23, 1962 | Docket: 1404311

Cited 20 times | Published

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

City of Pensacola Firefighters v. Oswald

710 So. 2d 95, 1998 WL 171259

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1731445

Cited 19 times | Published

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

Williams Roofing, Inc. v. Moore

447 So. 2d 968

District Court of Appeal of Florida | Filed: Mar 16, 1984 | Docket: 1312119

Cited 19 times | Published

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

Rhaney v. Dobbs House, Inc.

415 So. 2d 1277

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 459209

Cited 19 times | Published

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

Four Quarters Habitat, Inc. v. Miller

405 So. 2d 475

District Court of Appeal of Florida | Filed: Oct 29, 1981 | Docket: 1703982

Cited 19 times | Published

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

Giaimo v. Florida Autosport, Inc.

154 So. 3d 385, 2014 Fla. App. LEXIS 19498, 2014 WL 6679290

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 60245479

Cited 17 times | Published

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

Chavarria v. Selugal Clothing, Inc.

840 So. 2d 1071, 2003 WL 215030

District Court of Appeal of Florida | Filed: Feb 3, 2003 | Docket: 1748393

Cited 17 times | Published

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

City of St. Petersburg v. Nasworthy

751 So. 2d 772, 2000 Fla. App. LEXIS 2190, 2000 WL 242636

District Court of Appeal of Florida | Filed: Mar 6, 2000 | Docket: 1310020

Cited 17 times | Published

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

Barruzza v. Suddath Van Lines, Inc.

474 So. 2d 861, 10 Fla. L. Weekly 1952, 1985 Fla. App. LEXIS 15544

District Court of Appeal of Florida | Filed: Aug 14, 1985 | Docket: 1470247

Cited 17 times | Published

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

Exxon Co. v. Alexis

370 So. 2d 1128

Supreme Court of Florida | Filed: Dec 7, 1978 | Docket: 1722534

Cited 17 times | Published

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

Kirkland v. HAROLD PRATT PAVING, INC

518 So. 2d 1320, 1987 WL 3196

District Court of Appeal of Florida | Filed: Dec 21, 1987 | Docket: 1777917

Cited 16 times | Published

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

ESCAMBIA CTY. COUNCIL v. Goldsmith

500 So. 2d 626, 12 Fla. L. Weekly 56

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 1295049

Cited 16 times | Published

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

Grice v. Suwannee Lumber Manufacturing Company

113 So. 2d 742, 1959 Fla. App. LEXIS 2655

District Court of Appeal of Florida | Filed: Jul 7, 1959 | Docket: 1490806

Cited 16 times | Published

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

US Sugar Corp. v. Henson

787 So. 2d 3, 2001 Fla. App. LEXIS 5255, 2000 WL 1880340

District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 473458

Cited 15 times | Published

defenses by employers and employees alike," section 440.015, Florida Statutes (1995), the common law Frye

Litvin v. ST. LUCIE CTY. SHERIFF'S DEPT.

599 So. 2d 1353, 1992 Fla. App. LEXIS 5353, 1992 WL 102458

District Court of Appeal of Florida | Filed: May 15, 1992 | Docket: 1483640

Cited 15 times | Published

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

Trujillo v. Southern Wine & Spirits

525 So. 2d 481, 1988 WL 50141

District Court of Appeal of Florida | Filed: May 20, 1988 | Docket: 1304686

Cited 15 times | Published

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

HS Camp & Sons v. Flynn

450 So. 2d 577

District Court of Appeal of Florida | Filed: May 11, 1984 | Docket: 1433900

Cited 15 times | Published

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

Stahl v. Southeastern X-Ray

447 So. 2d 399

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 1311811

Cited 15 times | Published

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

McBride v. Pratt & Whitney

909 So. 2d 386, 2005 WL 1832429

District Court of Appeal of Florida | Filed: Aug 4, 2005 | Docket: 1663223

Cited 14 times | Published

more likely intended by the legislature. See § 440.015, Fla. Stat. (Supp.1994) ("the laws pertaining

Harding v. Winn-Dixie Stores, Inc.

907 F. Supp. 386, 5 Am. Disabilities Cas. (BNA) 129, 1995 U.S. Dist. LEXIS 17883, 1995 WL 708252

District Court, M.D. Florida | Filed: Nov 28, 1995 | Docket: 2100797

Cited 14 times | Published

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

Cramer v. State of Florida

885 F. Supp. 1545, 4 Am. Disabilities Cas. (BNA) 687, 1995 U.S. Dist. LEXIS 6399, 1995 WL 284158

District Court, M.D. Florida | Filed: May 10, 1995 | Docket: 947414

Cited 14 times | Published

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

Tampa Elec. Co. v. Bradshaw

477 So. 2d 624, 10 Fla. L. Weekly 2212, 1985 Fla. App. LEXIS 15944

District Court of Appeal of Florida | Filed: Sep 24, 1985 | Docket: 1320312

Cited 14 times | Published

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

Jimmy Swain, Arlene Weaver and Frank W. Bower v. Richard Schweiker, Secretary of Health and Human Services

676 F.2d 543, 1982 U.S. App. LEXIS 19220

Court of Appeals for the Eleventh Circuit | Filed: May 17, 1982 | Docket: 1699363

Cited 14 times | Published

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

Kerce v. Coca-Cola Company-Foods Division

389 So. 2d 1177

Supreme Court of Florida | Filed: Oct 30, 1980 | Docket: 1683172

Cited 14 times | Published

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

FLORIDA GAME & FRESH WATER FISH COM'N v. Driggers

65 So. 2d 723, 1953 Fla. LEXIS 1321

Supreme Court of Florida | Filed: Mar 31, 1953 | Docket: 1311076

Cited 14 times | Published

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

Staffmark v. Merrell

43 So. 3d 792, 2010 Fla. App. LEXIS 12699, 2010 WL 3168130

District Court of Appeal of Florida | Filed: Aug 12, 2010 | Docket: 60295477

Cited 13 times | Published

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

Taylor v. School Bd. of Brevard County

888 So. 2d 1, 29 Fla. L. Weekly Supp. 421, 2004 Fla. LEXIS 1322, 2004 WL 1846219

Supreme Court of Florida | Filed: Aug 19, 2004 | Docket: 1697169

Cited 13 times | Published

prompt and cost-effective delivery of payments. § 440.015, Fla. Stat. (1999). This Court has also described

Russell Corp. v. Brooks

698 So. 2d 1334, 1997 WL 564204

District Court of Appeal of Florida | Filed: Sep 12, 1997 | Docket: 1524276

Cited 13 times | Published

prompt and cost-effective delivery of payments. § 440.015, Fla. Stat. (Supp.1994). In my judgment, placing

Hunt v. Stratton

677 So. 2d 64, 1996 WL 390717

District Court of Appeal of Florida | Filed: Jul 15, 1996 | Docket: 2487520

Cited 13 times | Published

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

Trindade v. Abbey Road Beef'N Booze

443 So. 2d 1007

District Court of Appeal of Florida | Filed: Dec 1, 1983 | Docket: 1746622

Cited 13 times | Published

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

Trindade v. Abbey Road Beef'N Booze

443 So. 2d 1007

District Court of Appeal of Florida | Filed: Dec 1, 1983 | Docket: 1746622

Cited 13 times | Published

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

Pompano Roofing Co., Inc. v. O'NEAL

410 So. 2d 971, 1982 Fla. App. LEXIS 19388

District Court of Appeal of Florida | Filed: Mar 8, 1982 | Docket: 1518563

Cited 13 times | Published

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

Kashin v. Food Fair

97 So. 2d 609

Supreme Court of Florida | Filed: Oct 18, 1957 | Docket: 458351

Cited 13 times | Published

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

Wyeth/Pharma Field Sales v. Toscano

40 So. 3d 795, 2010 Fla. App. LEXIS 10816, 2010 WL 2671805

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 1219180

Cited 12 times | Published

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

Aguilera v. Inservices, Inc.

905 So. 2d 84, 2005 WL 1403993

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 2104286

Cited 12 times | Published

and defenses by employers and employees alike. § 440.015, Fla. Stat. (2000). Fundamentally, the workers'

Byerley v. Citrus Pub., Inc.

725 So. 2d 1230, 1999 WL 22262

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 1688776

Cited 12 times | Published

reemployment at a reasonable cost to the employer." See § 440.015, Fla. Stat. (1995). The employer has an obligation

Ace Disposal v. Holley

668 So. 2d 645, 1996 WL 69109

District Court of Appeal of Florida | Filed: Feb 20, 1996 | Docket: 1687006

Cited 12 times | Published

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

Edwards v. Caulfield

560 So. 2d 364, 1990 WL 52798

District Court of Appeal of Florida | Filed: Apr 27, 1990 | Docket: 1477904

Cited 12 times | Published

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

Acton v. Ft. Lauderdale Hosp.

418 So. 2d 1099

District Court of Appeal of Florida | Filed: Aug 9, 1982 | Docket: 1289232

Cited 12 times | Published

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

Brown v. LP SANITATION

689 So. 2d 332, 1997 WL 46900

District Court of Appeal of Florida | Filed: Feb 7, 1997 | Docket: 1477242

Cited 11 times | Published

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

Vigliotti v. K-Mart Corp.

680 So. 2d 466, 1996 WL 106606

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 1201717

Cited 11 times | Published

the workers' compensation crisis. See, e.g., § 440.015, Fla.Stat. (Supp.1994). We have considered carefully

Sun Bank/South Florida, NA v. Baker

632 So. 2d 669, 1994 WL 51861

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 462632

Cited 11 times | Published

worker at a reasonable cost to the employer." § 440.015, Fla. Stat. (1993). To achieve that end, the statute

Paramount Poultry v. Mims

472 So. 2d 1281, 10 Fla. L. Weekly 1706

District Court of Appeal of Florida | Filed: Jul 10, 1985 | Docket: 1793507

Cited 11 times | Published

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

S & S Stove Repair, Inc. v. Dumas

465 So. 2d 644, 10 Fla. L. Weekly 763

District Court of Appeal of Florida | Filed: Mar 22, 1985 | Docket: 1694870

Cited 11 times | Published

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

Gomez v. Neckwear

424 So. 2d 106

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 1297051

Cited 11 times | Published

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

SQUARE G. CONST. CO. v. Grace

412 So. 2d 397

District Court of Appeal of Florida | Filed: Mar 25, 1982 | Docket: 528652

Cited 11 times | Published

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

Dolphin Tire Co. v. Ellison

402 So. 2d 36

District Court of Appeal of Florida | Filed: Jul 29, 1981 | Docket: 1313164

Cited 11 times | Published

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

American Bankers Ins. Co. v. Little

393 So. 2d 1063

Supreme Court of Florida | Filed: Oct 30, 1980 | Docket: 1719393

Cited 11 times | Published

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

Johnnie's Produce Company v. Benedict & Jordan

120 So. 2d 12

Supreme Court of Florida | Filed: Apr 29, 1960 | Docket: 1286896

Cited 11 times | Published

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

Holland v. CHENEY BROS., INC.

22 So. 3d 648, 2009 Fla. App. LEXIS 15573, 2009 WL 3278710

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1103272

Cited 10 times | Published

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

Bakerman v. the Bombay Co., Inc.

961 So. 2d 259, 32 Fla. L. Weekly Supp. 342, 2007 Fla. LEXIS 1105, 2007 WL 1774420

Supreme Court of Florida | Filed: Jun 21, 2007 | Docket: 468642

Cited 10 times | Published

and defenses by employers and employees alike." § 440.015, Fla. Stat. (2006). Injured employees who fall

Aravena v. Miami-Dade County

928 So. 2d 1163, 31 Fla. L. Weekly Supp. 205, 2006 Fla. LEXIS 556, 2006 WL 870503

Supreme Court of Florida | Filed: Apr 6, 2006 | Docket: 1713704

Cited 10 times | Published

prompt delivery of benefits to the injured worker. § 440.015, Fla. Stat. (2001). Section 440.09(1), Florida

Morris v. Dollar Tree Store

869 So. 2d 704, 2004 WL 726815

District Court of Appeal of Florida | Filed: Apr 6, 2004 | Docket: 1653910

Cited 10 times | Published

create "an efficient and self-executing system." § 440.015, Fla. Stat. (2001). It would ignore as well the

City of Clearwater v. Acker

755 So. 2d 597, 1999 WL 1123401

Supreme Court of Florida | Filed: Dec 9, 1999 | Docket: 1333645

Cited 10 times | Published

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

Okeechobee Health Care v. Collins

726 So. 2d 775, 1998 WL 689689

District Court of Appeal of Florida | Filed: Oct 7, 1998 | Docket: 1307226

Cited 10 times | Published

eligible for temporary total disability benefits. Section 440.15, Florida Statutes (Supp. 1994), provides: (2)

Wal-Mart Stores, Inc. v. Liggon

668 So. 2d 259, 1996 Fla. App. LEXIS 1150, 1996 WL 63251

District Court of Appeal of Florida | Filed: Feb 15, 1996 | Docket: 1290529

Cited 10 times | Published

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

Hanna v. INDUSTRIAL LABOR SERV. INC.

636 So. 2d 773, 1994 WL 122354

District Court of Appeal of Florida | Filed: Apr 13, 1994 | Docket: 1715171

Cited 10 times | Published

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

Vegas v. Globe SEC.

627 So. 2d 76, 1993 WL 477628

District Court of Appeal of Florida | Filed: Nov 22, 1993 | Docket: 1752920

Cited 10 times | Published

substantially rewrote the Act, it created section 440.015, *81 Florida Statutes (Supp. 1990). Ch. 90-201

Griffith v. McDonalds

526 So. 2d 1032, 1988 WL 62129

District Court of Appeal of Florida | Filed: Jun 16, 1988 | Docket: 1679798

Cited 10 times | Published

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

Brown v. Winn-Dixie Montgomery, Inc.

469 So. 2d 155, 50 Fair Empl. Prac. Cas. (BNA) 458, 10 Fla. L. Weekly 1129, 1985 Fla. App. LEXIS 13817

District Court of Appeal of Florida | Filed: May 7, 1985 | Docket: 1372080

Cited 10 times | Published

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

Decor Painting & Iowa Mut. Ins. Co. v. Rohn

401 So. 2d 899, 1981 Fla. App. LEXIS 20577

District Court of Appeal of Florida | Filed: Jul 23, 1981 | Docket: 1289723

Cited 10 times | Published

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

DEPT. OF TRANSP., DIVISION OF RISK v. Lindsey

383 So. 2d 956, 1980 Fla. App. LEXIS 16731

District Court of Appeal of Florida | Filed: May 21, 1980 | Docket: 848461

Cited 10 times | Published

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

Jewell v. Wood

130 So. 2d 277

Supreme Court of Florida | Filed: May 17, 1961 | Docket: 1682427

Cited 10 times | Published

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

Lundy v. FOUR SEASONS OCEAN GRAND PALM BCH.

932 So. 2d 506, 2006 WL 1675075

District Court of Appeal of Florida | Filed: Jun 20, 2006 | Docket: 1285483

Cited 9 times | Published

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

Fitzgerald v. South Broward Hosp. Dist.

840 So. 2d 460, 2003 Fla. App. LEXIS 4450, 2003 WL 1622771

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1748343

Cited 9 times | Published

reemployment at a reasonable cost to the employer." § 440.015, Fla. Stat. (1995). Worker's compensation is a

Inservices, Inc. v. Aguilera

837 So. 2d 464, 2002 WL 31870185

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1527540

Cited 9 times | Published

reemployment at a reasonable cost to the employer." § 440.015, Fla. Stat. (1999). In exchange for affording

Vencor Hosp. v. Ahles

727 So. 2d 968, 1998 WL 852567

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1729957

Cited 9 times | Published

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

Vencor Hosp. v. Ahles

727 So. 2d 968, 1998 WL 852567

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1729957

Cited 9 times | Published

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

Department of Public Health v. Wilcox

543 So. 2d 1253, 1989 WL 55860

Supreme Court of Florida | Filed: May 25, 1989 | Docket: 1438052

Cited 9 times | Published

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

Village Inn Restaurant v. Aridi

543 So. 2d 778, 1989 WL 34000

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 1437052

Cited 9 times | Published

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

Rios v. Fred Teitelbaum Const.

522 So. 2d 1015, 1988 WL 27735

District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 1660974

Cited 9 times | Published

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

Superior Pontiac v. Hearn

458 So. 2d 1197

District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 1733294

Cited 9 times | Published

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

D & R BUILDERS, INC. v. Quetglas

449 So. 2d 988

District Court of Appeal of Florida | Filed: May 11, 1984 | Docket: 1695788

Cited 9 times | Published

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

LAKE COUNTY COM'RS v. Walburn

409 So. 2d 153

District Court of Appeal of Florida | Filed: Jan 28, 1982 | Docket: 526495

Cited 9 times | Published

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

Carr v. Central Florida Aluminum Products, Inc.

402 So. 2d 565

District Court of Appeal of Florida | Filed: Aug 26, 1981 | Docket: 1691437

Cited 9 times | Published

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

Dennis v. Brown

93 So. 2d 584

Supreme Court of Florida | Filed: Mar 13, 1957 | Docket: 1752171

Cited 9 times | Published

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

Padrick Chevrolet Company v. Crosby

75 So. 2d 762

Supreme Court of Florida | Filed: Nov 6, 1954 | Docket: 474971

Cited 9 times | Published

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

Parodi v. Florida Contracting Co., Inc.

16 So. 3d 958, 2009 Fla. App. LEXIS 12743, 2009 WL 2602295

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1127362

Cited 8 times | Published

provision of the statute virtually meaningless. See § 440.015, Fla. Stat. (2003) ("The department, agency, the

Tractor Supply Co. v. Kent

966 So. 2d 978, 2007 Fla. App. LEXIS 13448, 2007 WL 2456209

District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 1679136

Cited 8 times | Published

reemployment at a reasonable cost to the employer. § 440.015, Fla. Stat. Nothing is quick and efficient about

Dixon v. Pasadena Yacht & Country Club

731 So. 2d 141, 1999 WL 242556

District Court of Appeal of Florida | Filed: Apr 27, 1999 | Docket: 1408863

Cited 8 times | Published

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

Commercial Carrier Corp. v. LaPointe

723 So. 2d 912, 1999 WL 9702

District Court of Appeal of Florida | Filed: Jan 13, 1999 | Docket: 1319927

Cited 8 times | Published

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

Brannon v. Tampa Tribune

711 So. 2d 97, 1998 WL 176675

District Court of Appeal of Florida | Filed: Apr 17, 1998 | Docket: 1337169

Cited 8 times | Published

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

Union Camp Corp. v. Hurst

696 So. 2d 873, 1997 WL 287557

District Court of Appeal of Florida | Filed: Jun 2, 1997 | Docket: 1696157

Cited 8 times | Published

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

Delta Air Lines, Inc. v. Cunningham

658 So. 2d 556, 1995 WL 353493

District Court of Appeal of Florida | Filed: Jun 14, 1995 | Docket: 439391

Cited 8 times | Published

and defenses by employers and employees alike." § 440.015, Fla. Stat. (1993). In return for accepting vicarious

Southeast Recycling v. Cottongim

639 So. 2d 155, 1994 WL 313691

District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 1310482

Cited 8 times | Published

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

Shaw v. Publix Supermarkets, Inc.

609 So. 2d 683, 1992 WL 353330

District Court of Appeal of Florida | Filed: Dec 1, 1992 | Docket: 1473302

Cited 8 times | Published

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

OAK CONST. CO. v. Jackson

522 So. 2d 1068, 1988 WL 31705

District Court of Appeal of Florida | Filed: Apr 12, 1988 | Docket: 1192007

Cited 8 times | Published

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

Dayron Corp. v. Morehead

509 So. 2d 930, 12 Fla. L. Weekly 394

Supreme Court of Florida | Filed: Jul 16, 1987 | Docket: 1715583

Cited 8 times | Published

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

Polote Corp. v. Meredith

482 So. 2d 515, 11 Fla. L. Weekly 263

District Court of Appeal of Florida | Filed: Jan 23, 1986 | Docket: 1769692

Cited 8 times | Published

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

Anderson v. S & S DIVERSIFIED, INC.

477 So. 2d 591, 10 Fla. L. Weekly 2401

District Court of Appeal of Florida | Filed: Aug 14, 1985 | Docket: 1693799

Cited 8 times | Published

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

Spitzer v. Bartlett Bros. Roofing

437 So. 2d 758

District Court of Appeal of Florida | Filed: Sep 12, 1983 | Docket: 1257219

Cited 8 times | Published

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

EB Malone Corp. v. Johnson

425 So. 2d 622

District Court of Appeal of Florida | Filed: Jan 18, 1983 | Docket: 1182196

Cited 8 times | Published

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

Citrus Central v. Parker

423 So. 2d 610

District Court of Appeal of Florida | Filed: Dec 21, 1982 | Docket: 544392

Cited 8 times | Published

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

Mahoney v. Sears, Roebuck & Co.

419 So. 2d 754

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1754109

Cited 8 times | Published

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

Deinema v. Pierpoint Condominiums

415 So. 2d 811

District Court of Appeal of Florida | Filed: Jun 18, 1982 | Docket: 459156

Cited 8 times | Published

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

Wash House v. Tucker

413 So. 2d 813

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 1344168

Cited 8 times | Published

Evaluation of Permanent Impairment, as required by Section 440.15(3), Florida Statutes (1979). However, we decline

Jack Eckerd Corp. v. Coker

411 So. 2d 1026

District Court of Appeal of Florida | Filed: Apr 1, 1982 | Docket: 1696985

Cited 8 times | Published

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

Carballo v. Warren Mfg. Co.

407 So. 2d 603

District Court of Appeal of Florida | Filed: Oct 14, 1981 | Docket: 1515376

Cited 8 times | Published

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

Farrens Tree Surgeons v. Winkles

334 So. 2d 569

Supreme Court of Florida | Filed: Jun 9, 1976 | Docket: 1712387

Cited 8 times | Published

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

Hernandez v. De Carlo

116 So. 2d 429

Supreme Court of Florida | Filed: Dec 16, 1959 | Docket: 1742114

Cited 8 times | Published

employee suffers an injury not scheduled under Section 440.15 (3), Florida Statutes, F.S.A., but rather suffers

Village Apartments v. Hernandez

856 So. 2d 1140, 2003 WL 22399572

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 1708652

Cited 7 times | Published

designed to be efficient and self-executing. See § 440.015, Fla. Stat. (1997). It cannot depend on an adversary's

Rivendell of Ft. Walton v. Petway

833 So. 2d 292, 2002 WL 31887694

District Court of Appeal of Florida | Filed: Dec 30, 2002 | Docket: 1259009

Cited 7 times | Published

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

Crawford & Company v. Apfel

235 F.3d 1298

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2000 | Docket: 396297

Cited 7 times | Published

permanent total disability be awarded.” Fla. Stats. § 440.15(b)(1994)(emphasis added). Turning to §

S & a PLUMBING v. Kimes

756 So. 2d 1037, 2000 WL 331938

District Court of Appeal of Florida | Filed: Mar 31, 2000 | Docket: 471070

Cited 7 times | Published

and employers and their insurance carriers. See § 440.015, Fla. Stat. (Supp. 1994).[2] Even though the conference

WALSDORF SHEET METAL WORKS v. Gonzalez

719 So. 2d 355, 1998 WL 729653

District Court of Appeal of Florida | Filed: Oct 21, 1998 | Docket: 1351558

Cited 7 times | Published

delivery of benefits to the injured worker." § 440.015, Fla. Stat. (1995). AFFIRMED. BENTON and PADOVANO

Turner v. Rinker Materials

622 So. 2d 80, 1993 WL 274213

District Court of Appeal of Florida | Filed: Jul 22, 1993 | Docket: 546614

Cited 7 times | Published

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

Nickolls v. University of Florida

606 So. 2d 410, 1992 WL 217176

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 132137

Cited 7 times | Published

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

Philpot v. City of Miami

541 So. 2d 680, 14 Fla. L. Weekly 714, 1989 Fla. App. LEXIS 1460, 1989 WL 23492

District Court of Appeal of Florida | Filed: Mar 16, 1989 | Docket: 1516583

Cited 7 times | Published

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

Jackson v. Publix Supermarkets, Inc.

520 So. 2d 50, 1987 WL 31972

District Court of Appeal of Florida | Filed: Dec 29, 1987 | Docket: 1709405

Cited 7 times | Published

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

Ocean Manor Resort Hotel v. Garbalosa

512 So. 2d 256, 12 Fla. L. Weekly 2062

District Court of Appeal of Florida | Filed: Aug 24, 1987 | Docket: 235629

Cited 7 times | Published

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

Witzky v. WEST COAST DUP. & CLAIMS CENTER

503 So. 2d 1327, 12 Fla. L. Weekly 723, 1987 Fla. App. LEXIS 12007

District Court of Appeal of Florida | Filed: Mar 10, 1987 | Docket: 1453635

Cited 7 times | Published

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

FLAGSHIP NAT. BK. OF BROWARD v. Hinkle

479 So. 2d 828, 10 Fla. L. Weekly 2760

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 1514399

Cited 7 times | Published

proposition that the deputy is prohibited by section 440.15(5)(a), Florida Statutes (1983), from apportioning

Newton v. McCotter Motors, Inc.

475 So. 2d 230, 10 Fla. L. Weekly 443

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1302008

Cited 7 times | Published

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

Carruth v. Allied Products Co.

452 So. 2d 634, 1984 Fla. App. LEXIS 13543

District Court of Appeal of Florida | Filed: Jun 12, 1984 | Docket: 474511

Cited 7 times | Published

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

Great Dane Trailers v. Flis

435 So. 2d 931

District Court of Appeal of Florida | Filed: Jul 29, 1983 | Docket: 1328487

Cited 7 times | Published

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

Tampa Bay Moving Systems, Inc. v. Frederick

433 So. 2d 628

District Court of Appeal of Florida | Filed: Jun 23, 1983 | Docket: 1727509

Cited 7 times | Published

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

Deltona Corp. v. Morris

418 So. 2d 1274

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 1686150

Cited 7 times | Published

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

Vida Appliances, Inc. v. Gates

416 So. 2d 1186

District Court of Appeal of Florida | Filed: Jun 30, 1982 | Docket: 1655113

Cited 7 times | Published

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

Colonel's Table v. Malena

412 So. 2d 64

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 1525903

Cited 7 times | Published

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

DEPT. OF OFFENDER REHAB. v. Godwin

394 So. 2d 1091

District Court of Appeal of Florida | Filed: Mar 10, 1981 | Docket: 1315653

Cited 7 times | Published

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

Rouse v. Wyldwood Tropical Nursery

392 So. 2d 370

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 1268057

Cited 7 times | Published

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

Sanz v. Eden Roc Hotel

140 So. 2d 104

Supreme Court of Florida | Filed: Apr 18, 1962 | Docket: 1522678

Cited 7 times | Published

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

Matrix Employee Leasing, Inc. v. Hadley

78 So. 3d 621, 2011 Fla. App. LEXIS 18955, 2011 WL 5925050

District Court of Appeal of Florida | Filed: Nov 29, 2011 | Docket: 2358091

Cited 6 times | Published

that he or she is in fact totally disabled. Section 440.15(2)(a) of the Workers’ Compensation Law provides

Crum v. Richmond

46 So. 3d 633, 2010 Fla. App. LEXIS 16154, 2010 WL 4157198

District Court of Appeal of Florida | Filed: Oct 25, 2010 | Docket: 2402261

Cited 6 times | Published

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

Jackson v. COMPUTER SCIENCE RAYTHEON

36 So. 3d 754, 2010 Fla. App. LEXIS 5544, 2010 WL 1841948

District Court of Appeal of Florida | Filed: Apr 27, 2010 | Docket: 1119861

Cited 6 times | Published

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

Moore v. Servicemaster Commercial Services

19 So. 3d 1147, 2009 Fla. App. LEXIS 15556, 2009 WL 3278815

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1651650

Cited 6 times | Published

forfeiture of benefits under the defense found in section 440.15(6), Florida Statutes (2007). Here, the Judge

City of Port Orange v. Sedacca

953 So. 2d 727, 2007 Fla. App. LEXIS 5196, 2007 WL 1047397

District Court of Appeal of Florida | Filed: Apr 10, 2007 | Docket: 1712798

Cited 6 times | Published

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

Arnold v. Florida's Blood Centers, Inc.

949 So. 2d 242, 2007 WL 162148

District Court of Appeal of Florida | Filed: Jan 24, 2007 | Docket: 1720082

Cited 6 times | Published

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

A. Duda & Sons, Inc. v. Kelley

900 So. 2d 664, 2005 WL 771369

District Court of Appeal of Florida | Filed: Apr 7, 2005 | Docket: 1514222

Cited 6 times | Published

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

Feraci v. Grundy Marine Construction Co.

315 F. Supp. 2d 1197, 2004 U.S. Dist. LEXIS 5681, 2004 WL 895889

District Court, N.D. Florida | Filed: Mar 11, 2004 | Docket: 2249253

Cited 6 times | Published

reasonable cost to the employer." Fla. Stat. § 440.015 (2002). "Essentially, under this no-fault system

Crutcher v. School Bd. of Broward County

834 So. 2d 228, 2002 WL 31373480

District Court of Appeal of Florida | Filed: Oct 23, 2002 | Docket: 1697529

Cited 6 times | Published

the procedures to receive such benefits. See § 440.015, Fla. Stat. (1995) ("It is the intent of the Legislature

Walgreen Co. v. Carver

770 So. 2d 172, 2000 WL 1224735

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1779341

Cited 6 times | Published

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

Dixon v. GAB Business Services, Inc.

767 So. 2d 443, 25 Fla. L. Weekly Supp. 629, 2000 Fla. LEXIS 1736, 2000 WL 1206750

Supreme Court of Florida | Filed: Aug 24, 2000 | Docket: 1194005

Cited 6 times | Published

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

Alderman v. Florida Plastering

748 So. 2d 1038, 1998 WL 798821

District Court of Appeal of Florida | Filed: Nov 19, 1998 | Docket: 1750353

Cited 6 times | Published

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

CITY OF WEST PALM BEACH FIRE DEPT. v. Norman

711 So. 2d 628, 1998 Fla. App. LEXIS 5868, 1998 WL 264434

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1337495

Cited 6 times | Published

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

Hall v. Recchi America Inc.

671 So. 2d 197, 1996 WL 117024

District Court of Appeal of Florida | Filed: Mar 19, 1996 | Docket: 1672003

Cited 6 times | Published

compensation cases shall be decided on their merits." § 440.015, Florida Statutes (1994 Supp.). NOTES [1] Prior

Thompson v. City of Jacksonville

654 So. 2d 1178, 1995 Fla. App. LEXIS 29, 1995 WL 1523

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 1303613

Cited 6 times | Published

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

Publix Supermarket, Inc. v. Hart

609 So. 2d 1342, 1992 Fla. App. LEXIS 12324, 1992 WL 358122

District Court of Appeal of Florida | Filed: Dec 7, 1992 | Docket: 1738405

Cited 6 times | Published

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

John Barley Memorial v. Gillam

550 So. 2d 1179, 1989 WL 128055

District Court of Appeal of Florida | Filed: Oct 25, 1989 | Docket: 1370613

Cited 6 times | Published

supplemental benefits to which she is entitled under Section 440.15(1)(e), Florida Statutes. We therefore affirm

Wood v. McTyre Trucking Co., Inc.

526 So. 2d 739, 1988 WL 55698

District Court of Appeal of Florida | Filed: May 27, 1988 | Docket: 1273157

Cited 6 times | Published

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

Bado v. Canteen Corp.

513 So. 2d 1364, 12 Fla. L. Weekly 2453

District Court of Appeal of Florida | Filed: Oct 22, 1987 | Docket: 1689336

Cited 6 times | Published

wage loss benefits as "deemed earnings" under section 440.15(3)(b)2, Florida Statutes (1983). A claim was

Escambia County Council v. Goldsmith

465 So. 2d 655, 10 Fla. L. Weekly 787

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 1324317

Cited 6 times | Published

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

Publix Supermarkets, Inc. v. Franklin

467 So. 2d 1031, 10 Fla. L. Weekly 479

District Court of Appeal of Florida | Filed: Feb 21, 1985 | Docket: 1274574

Cited 6 times | Published

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

Mahoney v. Sears, Roebuck & Co.

440 So. 2d 1285, 1983 Fla. LEXIS 2895

Supreme Court of Florida | Filed: Nov 10, 1983 | Docket: 1430819

Cited 6 times | Published

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

Winter Garden Citrus v. Parrish

438 So. 2d 472

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 1446361

Cited 6 times | Published

entitled to supplemental benefits pursuant to Section 440.15(1)(e), Florida Statutes (1979). Supplemental

Wellcraft Marine Corp. v. Turner

435 So. 2d 864

District Court of Appeal of Florida | Filed: Jun 30, 1983 | Docket: 1328338

Cited 6 times | Published

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

Lavin v. Alton Box Bd. Co.

431 So. 2d 202

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 1512024

Cited 6 times | Published

awarding catastrophic loss benefits pursuant to Section 440.15(2)(b), Florida Statutes (1979), because there

DADE AMERICAN HOSP. SUPPLY v. Perez

417 So. 2d 296

District Court of Appeal of Florida | Filed: Jul 23, 1982 | Docket: 1383584

Cited 6 times | Published

of Dr. Gilbert's rating was technical error. Section 440.15(3)(a)3, Florida Statutes (1979). However, this

DEPT. OF LABOR & EMP. SEC. v. Vaughan

411 So. 2d 294

District Court of Appeal of Florida | Filed: Mar 22, 1982 | Docket: 1696963

Cited 6 times | Published

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

TALLAHASSEE MEMORIAL REG. MED. CTR. v. Snead

400 So. 2d 1016

District Court of Appeal of Florida | Filed: Jun 26, 1981 | Docket: 336804

Cited 6 times | Published

disability based on loss of wage earning capacity. Section 440.15(3)(a)(3) provides: In order to reduce litigation

Dade Fed. Sav. & Loan Ass'n v. Smith

403 So. 2d 995

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 1251199

Cited 6 times | Published

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

Russell House Movers, Inc. v. Nolin

210 So. 2d 859

Supreme Court of Florida | Filed: May 22, 1968 | Docket: 1468768

Cited 6 times | Published

02(19), F.S. and the other is contained in Section 440.15(5) (c). Section 440.02(19) provides in part:

Simmons v. City of Coral Gables

186 So. 2d 493

Supreme Court of Florida | Filed: Apr 27, 1966 | Docket: 533172

Cited 6 times | Published

provided in Florida Statutes § 440.02(19) and § 440.15(5) [F.S.A.], in his award for permanent partial

Rosier v. Roofing Sheet Metal Supply Co.

41 So. 2d 308, 1949 Fla. LEXIS 742

Supreme Court of Florida | Filed: Jun 24, 1949 | Docket: 3260399

Cited 6 times | Published

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

Lowe's Home Centers, Inc. and Sedgwick CMS v. Sandra K. Beekman

187 So. 3d 318

District Court of Appeal of Florida | Filed: Mar 3, 2016 | Docket: 3041619

Cited 5 times | Published

cases are to be decided on their merits. See § 440.015, Fla. Stat. (2013) (“It is the specific intent

Thorkelson v. NY Pizza & Pasta Inc.

956 So. 2d 542, 2007 WL 1459846

District Court of Appeal of Florida | Filed: May 21, 2007 | Docket: 1740515

Cited 5 times | Published

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

Pearson v. Paradise Ford

951 So. 2d 12, 2007 WL 305727

District Court of Appeal of Florida | Filed: Feb 5, 2007 | Docket: 1682615

Cited 5 times | Published

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

Pendergrass v. RD Michaels, Inc.

936 So. 2d 684, 2006 WL 2135841

District Court of Appeal of Florida | Filed: Aug 2, 2006 | Docket: 2518337

Cited 5 times | Published

reemployment at a reasonable cost to the employer." § 440.015, Fla. Stat. (2000). See also Turner v. PCR, Inc

Greenberg v. Cardiology Surgical Ass'n

855 So. 2d 234, 2003 WL 22213554

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 1752477

Cited 5 times | Published

is not an economic or administrative burden." § 440.015, Fla. Stat. Because the rights of the parties

Home Depot v. Turner

820 So. 2d 1075, 2002 WL 1539554

District Court of Appeal of Florida | Filed: Jul 16, 2002 | Docket: 1715705

Cited 5 times | Published

that the standard for PTD is that set out in section 440.15(1)(b), Florida Statutes (1995): Only a catastrophic

Crawford & Company v. Apfel

235 F.3d 1298, 2000 U.S. App. LEXIS 31829

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2000 | Docket: 396298

Cited 5 times | Published

total disability be awarded." Fla. Stats. § 440.15(b)(1994)(em-phasis added). Turning to §

Temporary Labor Source v. EH

765 So. 2d 757, 2000 WL 728679

District Court of Appeal of Florida | Filed: Jun 8, 2000 | Docket: 428597

Cited 5 times | Published

claimant suffered a catastrophic injury. Under section 440.15(1)(b), a claimant with a catastrophic injury

Boynton Landscape v. Dickinson

752 So. 2d 1236, 2000 WL 220389

District Court of Appeal of Florida | Filed: Feb 28, 2000 | Docket: 1279970

Cited 5 times | Published

prompt and cost-effective delivery of payments." § 440.015, Fla. Stat. (1997). Based upon the foregoing analysis

Acker v. City of Clearwater

755 So. 2d 651, 1998 WL 476168

District Court of Appeal of Florida | Filed: Aug 17, 1998 | Docket: 1333794

Cited 5 times | Published

disability supplemental benefits, pursuant to section 440.15(1)(e)(1), Florida Statutes (1985). Claimant

Orange County MIS Dept. v. HAK.

710 So. 2d 998, 1998 WL 187438

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1731631

Cited 5 times | Published

BENTON AND PADOVANO, JJ., concur. NOTES [1] Section 440.015, Florida Statutes (1994 Supp.), provides in

Holiday Foliage v. Anderson

642 So. 2d 94, 1994 WL 478686

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 549982

Cited 5 times | Published

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

Meek v. Layne-Western Co.

624 So. 2d 345, 1993 WL 347652

District Court of Appeal of Florida | Filed: Sep 14, 1993 | Docket: 475278

Cited 5 times | Published

causing temporary disability and/or wage loss, section 440.15(5)(c) and (d), Florida Statutes, provides a

Fawaz v. Florida Polymers

622 So. 2d 492, 1993 WL 255549

District Court of Appeal of Florida | Filed: Aug 18, 1993 | Docket: 2555802

Cited 5 times | Published

defense and the misrepresentation provision of Section 440.15(5)(a), Florida Statutes (Supp. 1990), to deny

GCC BEVERAGES v. Simmons

571 So. 2d 59, 1990 WL 197930

District Court of Appeal of Florida | Filed: Dec 5, 1990 | Docket: 1653304

Cited 5 times | Published

is sufficient to meet the burden imposed by section 440.15(3)(b)2, Florida Statutes (1987), as delineated

GCC BEVERAGES v. Simmons

571 So. 2d 59, 1990 WL 197930

District Court of Appeal of Florida | Filed: Dec 5, 1990 | Docket: 1653304

Cited 5 times | Published

is sufficient to meet the burden imposed by section 440.15(3)(b)2, Florida Statutes (1987), as delineated

Lerman v. Broward Cty. Bd. of Com'rs

555 So. 2d 419, 1989 WL 153628

District Court of Appeal of Florida | Filed: Dec 22, 1989 | Docket: 1396578

Cited 5 times | Published

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

Marvin v. Rewis Roofing

553 So. 2d 314, 1989 WL 145749

District Court of Appeal of Florida | Filed: Dec 1, 1989 | Docket: 1259311

Cited 5 times | Published

the 5% supplemental benefit as provided by Section 440.15(1)(e)1, Florida Statutes (1985). In September

Lopez v. Nabisco Brands, Inc.

516 So. 2d 993, 1987 WL 1895

District Court of Appeal of Florida | Filed: Nov 24, 1987 | Docket: 1267371

Cited 5 times | Published

search to recover wage loss benefits pursuant to section 440.15, Florida Statutes (1981), but an employee "is

Parish v. Baptist Hosp.

512 So. 2d 1031, 12 Fla. L. Weekly 2128

District Court of Appeal of Florida | Filed: Sep 3, 1987 | Docket: 473161

Cited 5 times | Published

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

Atkins Const. Co. v. Wilson

509 So. 2d 1185, 12 Fla. L. Weekly 1562

District Court of Appeal of Florida | Filed: Jun 26, 1987 | Docket: 1362269

Cited 5 times | Published

any case, the deemed earnings provision of section 440.15(3)(b)2, Florida Statutes (1985), is not applicable

Grafton v. Sacred Heart Hosp.

504 So. 2d 537, 12 Fla. L. Weekly 891, 1987 Fla. App. LEXIS 7418

District Court of Appeal of Florida | Filed: Apr 1, 1987 | Docket: 453234

Cited 5 times | Published

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

Arnold Lumber Co. v. Harris

503 So. 2d 925, 12 Fla. L. Weekly 532

District Court of Appeal of Florida | Filed: Feb 16, 1987 | Docket: 1452772

Cited 5 times | Published

benefits payable for certain impairments under section 440.15(3), Florida Statutes. Since the claimant in

Good Housekeeping Gas Co. v. Kitler

492 So. 2d 700, 11 Fla. L. Weekly 1496, 1986 Fla. App. LEXIS 8759

District Court of Appeal of Florida | Filed: Jul 9, 1986 | Docket: 1518625

Cited 5 times | Published

of the social security offset provision in section 440.15(9)(a), Florida Statutes (1985), thereby reducing

Frank's Fine Meats v. Sherman

443 So. 2d 1055

District Court of Appeal of Florida | Filed: Jan 10, 1984 | Docket: 1459061

Cited 5 times | Published

supported by competent substantial evidence. Section 440.15(1)(b), *1056 Fla. Stat. (1979), in effect at

DL Amici Co. v. Jackson

444 So. 2d 978

District Court of Appeal of Florida | Filed: Dec 29, 1983 | Docket: 1510743

Cited 5 times | Published

conditions. 422 So.2d at 879. Regency Inn interpreted § 440.15(3)(b)2., Fla. Stat. (1979), which specifically

Recon Paving, Inc. v. Cook

439 So. 2d 1019

District Court of Appeal of Florida | Filed: Oct 31, 1983 | Docket: 1265736

Cited 5 times | Published

carrier is that chapter 82-237, Laws of Fla., section 440.15(3)(a)1, Fla. Stat. (1982 Supp.), unconstitutionally

Genelus v. Boran, Craig, Schreck Const. Co.

438 So. 2d 964

District Court of Appeal of Florida | Filed: Oct 6, 1983 | Docket: 1446111

Cited 5 times | Published

actually being earned by the employee... ." Section 440.15(3)(b), Florida Statutes (1981). The deputy

Loprinzo v. Mald Corp.

429 So. 2d 1363

District Court of Appeal of Florida | Filed: Apr 21, 1983 | Docket: 1221731

Cited 5 times | Published

evidences a "wage-earning capacity," under Section 440.15(3)(u), Florida Statutes (1978 Supp.), so as

Chancey v. Florida Public Utilities

426 So. 2d 1140, 1983 Fla. App. LEXIS 18597

District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 1283354

Cited 5 times | Published

his average weekly wages as required under Section 440.15(2), Florida Statutes (1979). The additional

Ardmore Farms v. Smith

423 So. 2d 1039

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 544622

Cited 5 times | Published

disability or supplemental compensation prescribed by § 440.15(1)(e), Fla. Stat. shall cease until such time

John v. GDG Services, Inc.

424 So. 2d 114

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 1708498

Cited 5 times | Published

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

Quality Petroleum Corp. v. Mihm

424 So. 2d 112

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 1708497

Cited 5 times | Published

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

Racz v. Chennault, Inc.

418 So. 2d 413

District Court of Appeal of Florida | Filed: Aug 19, 1982 | Docket: 1288789

Cited 5 times | Published

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

Clay Hyder Trucking v. Persinger

416 So. 2d 900, 1982 Fla. App. LEXIS 20508

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 1225362

Cited 5 times | Published

workers' compensation order, contesting the award of § 440.15(3)(b), wage-loss benefits. We conclude that the

Topeka Inn Management v. Pate

414 So. 2d 1184

District Court of Appeal of Florida | Filed: Jun 11, 1982 | Docket: 1357659

Cited 5 times | Published

this appeal is governed by the provisions of Section 440.15(3)(b), Florida Statutes (1979). We affirm.

Lister v. Walker

409 So. 2d 1153

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 525887

Cited 5 times | Published

contending they are entitled to an offset under § 440.15(1)(d), Fla. Stat. (1975), from March 15, 1976

City of Vero Beach v. Thomas

388 So. 2d 1374

District Court of Appeal of Florida | Filed: Oct 17, 1980 | Docket: 419557

Cited 5 times | Published

average weekly wage for purposes of offset under Section 440.15(10)(a), Florida Statutes,[1] and that the same

Plantation Const. Co. v. Ayers

385 So. 2d 1138

District Court of Appeal of Florida | Filed: Jul 3, 1980 | Docket: 1700449

Cited 5 times | Published

award. There was no scheduled injury under Section 440.15(3)(m) or (s), Florida Statutes, since there

Great Atlantic & Pacific Tea Co. v. Wood

380 So. 2d 558, 1980 Fla. App. LEXIS 16048

District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 1402578

Cited 5 times | Published

compensation order entered March 19, 1979, construing § 440.15(10)(a), Fla. Stat., to require exclusion of cost

Van Eyk v. RN Hicks Const. Co.

377 So. 2d 793

District Court of Appeal of Florida | Filed: Dec 7, 1979 | Docket: 1521691

Cited 5 times | Published

for catastrophic loss benefits pursuant to Section 440.15(2)(c), Florida Statutes (1977). We reverse

Morrison Merchandising Corp. v. Rambeau

377 So. 2d 234

District Court of Appeal of Florida | Filed: Nov 27, 1979 | Docket: 423449

Cited 5 times | Published

temporary benefits he might be entitled to under § 440.15(2)(b). The judge properly considered the psychological

Mims & Thomas Mfg. Co. v. Ferguson

340 So. 2d 920

Supreme Court of Florida | Filed: Nov 4, 1976 | Docket: 1708936

Cited 5 times | Published

respect to so-called "scheduled injuries" under Section 440.15(3), Florida Statutes (1975), that disability

Bolinger v. DIV. OF RETIRE., ST. DEPT. OF ADMIN.

335 So. 2d 568

District Court of Appeal of Florida | Filed: Jul 13, 1976 | Docket: 1306435

Cited 5 times | Published

later by ch. 73-127, § 2, Fla.Laws. But compare § 440.15(10), F.S. 1975, which reduces workmen's compensation

Alexander v. Peoples Ice Company

85 So. 2d 846

Supreme Court of Florida | Filed: Dec 14, 1955 | Docket: 1687073

Cited 5 times | Published

employment. Hence this application for review. Section 440.15, subsection (1) (b) provides that a loss of

St. Johns River Shipbuilding Co. v. Wells

22 So. 2d 632, 156 Fla. 67, 1945 Fla. LEXIS 750

Supreme Court of Florida | Filed: Jun 12, 1945 | Docket: 3271206

Cited 5 times | Published

under the provisions of subsection (2) of Section 440.15 Florida Statutes of 1941, to compensation during

Leticia Morales v. Zenith Insurance Company

714 F.3d 1220, 2013 WL 1501654, 2013 U.S. App. LEXIS 7469

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2013 | Docket: 297393

Cited 4 times | Published

pensation Act. See Fla. Stat. § 440.015. Under the no-fault system created by the Act

Benniefield v. City of Lakeland

109 So. 3d 1288, 2013 Fla. App. LEXIS 5602, 2013 WL 1395710

District Court of Appeal of Florida | Filed: Apr 8, 2013 | Docket: 60229498

Cited 4 times | Published

by design, are to be paid in real time. See § 440.015, Fla. Stat.(2007) (“It is the intent of the Legislature

Amorin v. Gordon

996 So. 2d 913, 2008 WL 5070342

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 575476

Cited 4 times | Published

10, Gordon emphasizes what is enumerated in section 440.015 as the legislative intent behind the workers'

Coca-Cola Enterprises, Inc. v. Montiel

985 So. 2d 19, 2008 WL 2038790

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1673541

Cited 4 times | Published

966 So.2d 978, 982 (Fla. 5th DCA 2007) (citing § 440.015). Nothing is quick and efficient about allowing

James W. Windham Builders, Inc. v. Overloop

951 So. 2d 40, 2007 Fla. App. LEXIS 3270, 2007 WL 649340

District Court of Appeal of Florida | Filed: Mar 6, 2007 | Docket: 1280705

Cited 4 times | Published

In fact, to suggest otherwise would violate section 440.015, Florida Statutes (2004), where the legislature

Fardella v. Genesis Health, Inc.

917 So. 2d 276, 2005 WL 3454061

District Court of Appeal of Florida | Filed: Dec 19, 2005 | Docket: 1509393

Cited 4 times | Published

voluntarily limited her income for such period under section 440.15(4)(b), Florida Statutes, because the legislature

Harrell v. FLA. CONST. SPECIALISTS/AARLA/AGENT FOR FWCIGA

834 So. 2d 352, 2003 WL 56991

District Court of Appeal of Florida | Filed: Jan 8, 2003 | Docket: 1697642

Cited 4 times | Published

appellants also challenge the constitutionality of section 440.15(1)(e)1., Florida Statutes (1991) and 440.15(1)(f)1

Metropolitan Title & Guar. Co. v. Muniz

806 So. 2d 637, 2002 WL 205827

District Court of Appeal of Florida | Filed: Feb 12, 2002 | Docket: 1713042

Cited 4 times | Published

as a matter of law, and concluded that under section 440.15(1)(b), Florida Statutes (Supp.1994), in the

Monroe v. PUBLIX 148

790 So. 2d 1249, 2001 WL 905525

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 1734436

Cited 4 times | Published

information] and for compliance by the employee." § 440.15(10)(c), Fla. Stat. (1997) ("The employee shall

Eastern Industries, Inc. v. Burnham

750 So. 2d 748, 2000 WL 126351

District Court of Appeal of Florida | Filed: Feb 4, 2000 | Docket: 1736526

Cited 4 times | Published

this argument, the employer/carrier note that section 440.15(1)(a) suggests that PTD status must be "adjudged

Chase v. Walgreen Co.

750 So. 2d 93, 1999 WL 1206720

District Court of Appeal of Florida | Filed: Dec 17, 1999 | Docket: 1736611

Cited 4 times | Published

the legislature favors appellant's position. Section 440.015, Florida Statutes (1997), entitled "Legislative

DEPARTMENT OF CHILDREN & FAM. v. Monroe

744 So. 2d 1163, 1999 WL 982959

District Court of Appeal of Florida | Filed: Nov 1, 1999 | Docket: 2539504

Cited 4 times | Published

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

Alachua County Adult Detention Center v. Alford

727 So. 2d 388, 1999 WL 122918

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1438660

Cited 4 times | Published

apply for social security disability benefits. See § 440.15(1)(f)2.b., Fla. Stat. (1995); Ace Disposal v.

BURGER KING CORP./CIGNA INS. v. Moreno

689 So. 2d 288, 1997 WL 37896

District Court of Appeal of Florida | Filed: Feb 3, 1997 | Docket: 1935361

Cited 4 times | Published

Compensation Claims (JCC) applied the literal terms of section 440.15(1)(e)1., Florida Statutes (1991), and held

Strohm v. Hertz Corp.

685 So. 2d 37, 1996 WL 708615

District Court of Appeal of Florida | Filed: Dec 5, 1996 | Docket: 1415146

Cited 4 times | Published

replaced permanent partial disability benefits in section 440.15(3) with permanent impairment and wage-loss

Bradley v. Hurricane Restaurant

670 So. 2d 162, 1996 WL 127867

District Court of Appeal of Florida | Filed: Mar 25, 1996 | Docket: 1246210

Cited 4 times | Published

emergency conference. The claimant argues that section 440.15(3)(a)3, Florida Statutes (1994), is unconstitutional

Jimmy Lang's Auto Service v. Proctor

667 So. 2d 334, 1995 WL 619881

District Court of Appeal of Florida | Filed: Oct 24, 1995 | Docket: 454485

Cited 4 times | Published

reasonable cost to the employer." Fla. Stat. § 440.015 (Supp. 1994). We also note that the legislature

Winn Dixie v. Resnikoff

659 So. 2d 1297, 20 Fla. L. Weekly Fed. D 2070

District Court of Appeal of Florida | Filed: Sep 5, 1995 | Docket: 1462647

Cited 4 times | Published

week limitation on wage loss eligibility under section 440.15(3)(b)4.d.(III), Florida Statutes (1991), should

US Fidelity & Guar. Ass'n v. Kemp

658 So. 2d 1212, 1995 WL 478265

District Court of Appeal of Florida | Filed: Aug 15, 1995 | Docket: 1525125

Cited 4 times | Published

and thus is below the standard set forth in section 440.15(1)(b), Florida Statutes (1986), requiring the

City of Miami v. Thomas

657 So. 2d 927, 1995 Fla. App. LEXIS 7287, 1995 WL 387176

District Court of Appeal of Florida | Filed: Jul 3, 1995 | Docket: 463923

Cited 4 times | Published

City's contention that the 1990 enactment of section 440.015 repealed section 112.18 by implication, to

DEPT. OF LABOR AND EMP. SEC. v. Bradley

636 So. 2d 802

District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 1715216

Cited 4 times | Published

compensation law at issue here is set forth in section 440.015, Florida Statutes[3], which states in relevant

Hyatt Regency Westshore v. Robinson

629 So. 2d 1088, 1994 WL 5313

District Court of Appeal of Florida | Filed: Jan 12, 1994 | Docket: 1264389

Cited 4 times | Published

wage-loss benefits accordingly, pursuant to section 440.15(3)(b)2., Florida Statutes (Supp. 1990). The

Waldorf v. Jefferson County School Bd.

622 So. 2d 515, 1993 WL 274215

District Court of Appeal of Florida | Filed: Jul 22, 1993 | Docket: 1528985

Cited 4 times | Published

injured." (Emphasis added.) (Footnote omitted.) Section 440.15(3)(b)(1), Florida Statutes (Supp. 1990), pertaining

Schafrath v. Marco Bay Resort, Ltd.

608 So. 2d 97, 1992 WL 312759

District Court of Appeal of Florida | Filed: Oct 29, 1992 | Docket: 1449388

Cited 4 times | Published

compensation cases, and with the enactment of Section 440.015, Florida Statutes, which abolished the concept

Arizona Chemical Corp. v. Hanlon

605 So. 2d 938, 1992 WL 235292

District Court of Appeal of Florida | Filed: Sep 25, 1992 | Docket: 1702021

Cited 4 times | Published

Williams, 522 So.2d 909 (Fla. 1st DCA 1988) (citing § 440.15(1)(b), Florida Statutes (1985); Ronald Allen Trucking

Grand Bay Hotel v. Guerra

605 So. 2d 134, 1992 WL 206380

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 1343667

Cited 4 times | Published

dispute between the carrier and employee pursuant to § 440.15(5), Fla. Stat., and, therefore, the court held

Church's Fried Chicken v. Maloney

599 So. 2d 706, 1992 WL 98787

District Court of Appeal of Florida | Filed: May 13, 1992 | Docket: 1741442

Cited 4 times | Published

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

Hyatt v. Larson Dairy, Inc.

589 So. 2d 367, 1991 WL 231708

District Court of Appeal of Florida | Filed: Nov 12, 1991 | Docket: 1730619

Cited 4 times | Published

weekly social security benefit ........ $ 45.59 § 440.15(1)(e) supplemental benefit ..................

Pan American Bank v. Glinski

584 So. 2d 52, 1991 Fla. App. LEXIS 7061, 1991 WL 133558

District Court of Appeal of Florida | Filed: Jul 17, 1991 | Docket: 466852

Cited 4 times | Published

statute authorizing social security offsets, section 440.15(9)(a), keys such offsets to "weekly" benefits

Department of Transp. v. Montero

568 So. 2d 65, 1990 WL 110287

District Court of Appeal of Florida | Filed: Aug 6, 1990 | Docket: 1526593

Cited 4 times | Published

and the resulting wage loss, as required by section 440.15(4), Florida Statutes. Cf., City of Clermont

Cruise Quality Painting v. Paige

564 So. 2d 1190, 1990 WL 102727

District Court of Appeal of Florida | Filed: Jul 23, 1990 | Docket: 1689031

Cited 4 times | Published

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

Xerographics and Claims Center v. Bender

558 So. 2d 514, 1990 Fla. App. LEXIS 1903, 1990 WL 32445

District Court of Appeal of Florida | Filed: Mar 21, 1990 | Docket: 1726453

Cited 4 times | Published

commensurate compensation based on actual wage loss. § 440.15(4)(a), Fla. Stat.[1] In the present case, the

Buena Vista Palace v. Lopez

557 So. 2d 948, 1990 Fla. App. LEXIS 1611, 1990 WL 25950

District Court of Appeal of Florida | Filed: Mar 9, 1990 | Docket: 1512254

Cited 4 times | Published

claimant's testimony and his observation of her. Section 440.15(1)(b), Fla. Stat.,[1] requires that "the determination

Albertson's Inc. v. Natale

555 So. 2d 946, 1990 WL 3651

District Court of Appeal of Florida | Filed: Jan 18, 1990 | Docket: 1724568

Cited 4 times | Published

*949 appellee voluntarily limited his income. Section 440.15(4)(b), Florida Statutes (1985) states in part:

Dental Arts Lab, Inc. v. Costantino

531 So. 2d 999, 1988 WL 95691

District Court of Appeal of Florida | Filed: Sep 20, 1988 | Docket: 544046

Cited 4 times | Published

were not entitled to the statutory offset of section 440.15(3)(b)4, Florida Statutes,[1] benefits during

City of Hialeah v. Jimenez

527 So. 2d 936, 1988 WL 67274

District Court of Appeal of Florida | Filed: Jun 30, 1988 | Docket: 1526128

Cited 4 times | Published

an award of wage loss benefits pursuant to section 440.15(3)(b), Florida Statutes, the deputy utilized

Walker v. City of Tampa

520 So. 2d 66, 13 Fla. L. Weekly 357, 1988 Fla. App. LEXIS 513, 1988 WL 8396

District Court of Appeal of Florida | Filed: Feb 8, 1988 | Docket: 1299924

Cited 4 times | Published

benefits. The claim was denied on the basis of section 440.15(9), Florida Statutes (Supp. 1974), which states

STATE, DIV. OF WORKERS'COMPENSATION v. Hooks

515 So. 2d 294, 12 Fla. L. Weekly 2459

District Court of Appeal of Florida | Filed: Oct 22, 1987 | Docket: 1468041

Cited 4 times | Published

percent of average weekly wage established in section 440.15(10), Florida Statutes (Supp. 1978)[1] Agreeing

AUSTEN CONST. MANAGEMENT CORP. v. Waters

508 So. 2d 763, 12 Fla. L. Weekly 1482

District Court of Appeal of Florida | Filed: Jun 16, 1987 | Docket: 1649006

Cited 4 times | Published

subject to the deemed earnings provisions in section 440.15(4)(b). A valid job search is not an absolute

Iverson v. Holy Cross Hosp.

498 So. 2d 620, 11 Fla. L. Weekly 2548

District Court of Appeal of Florida | Filed: Dec 5, 1986 | Docket: 1334906

Cited 4 times | Published

claimant has met the burden of proof imposed by section 440.15(3)(b)(2), Florida Statutes. Rumph expressly

City of Miami v. Simpson

496 So. 2d 899, 11 Fla. L. Weekly 2227

District Court of Appeal of Florida | Filed: Oct 21, 1986 | Docket: 1522873

Cited 4 times | Published

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

Structural Systems, Inc. v. Worthen

463 So. 2d 502, 10 Fla. L. Weekly 374, 1985 Fla. App. LEXIS 12321

District Court of Appeal of Florida | Filed: Feb 11, 1985 | Docket: 448891

Cited 4 times | Published

substantial amendment to § 440.15(5), Fla. Stat. Prior to the 1979 amendment, § 440.15(5) provided: (5) SUBSEQUENT

Ralston Purina Co. v. Byers

457 So. 2d 1138

District Court of Appeal of Florida | Filed: Oct 18, 1984 | Docket: 1522443

Cited 4 times | Published

appeal the deputy commissioner's holding that Section 440.15(3)(b)4, Florida Statutes, as amended in 1983

Carpenters RV Service v. Eckert

455 So. 2d 590

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 1316440

Cited 4 times | Published

E/C's contentions[2]unless the 1983 amendment to § 440.15(3)(b)2 indicates that a different result should

Carpenters RV Service v. Eckert

455 So. 2d 590

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 1316440

Cited 4 times | Published

E/C's contentions[2]unless the 1983 amendment to § 440.15(3)(b)2 indicates that a different result should

Ronald Allen Trucking Co. v. Helton

449 So. 2d 874

District Court of Appeal of Florida | Filed: Mar 30, 1984 | Docket: 1325764

Cited 4 times | Published

which were brought about by the 1979 amendments to § 440.15(1), Fla. Stat. The award of PTD benefits is reversed

Storage Technology Corp. v. Philbrook

448 So. 2d 42

District Court of Appeal of Florida | Filed: Mar 30, 1984 | Docket: 577414

Cited 4 times | Published

constitute a voluntary limitation of income under § 440.15(4)(b), Florida Statutes, see Paul Lawhon Plumbing

Peck v. PALM BEACH CTY. BD. OF CTY. COMM'RS

442 So. 2d 1050

District Court of Appeal of Florida | Filed: Dec 16, 1983 | Docket: 469087

Cited 4 times | Published

impairment to the AMA Guides, as provided by Section 440.15(3)(a)3, is consistent with the court's opinions

Nealy v. City of West Palm Beach

442 So. 2d 273

District Court of Appeal of Florida | Filed: Nov 23, 1983 | Docket: 2559143

Cited 4 times | Published

applied the formula under the 1979 version of Section 440.15(4)(a), Florida Statutes. Instead, as appellees

Hillsborough Community College v. Miller

440 So. 2d 26

District Court of Appeal of Florida | Filed: Nov 2, 1983 | Docket: 1430557

Cited 4 times | Published

permanently totally disabled" within the meaning of section 440.15(1)(a), Fla. Stat. (Supp. 1980). Subsection

Kyle v. Davis

435 So. 2d 918

District Court of Appeal of Florida | Filed: Jul 22, 1983 | Docket: 1329010

Cited 4 times | Published

claimant has voluntarily limited his income. Section 440.15, Florida Statutes, Harper Plumbing and Heating

HG BODDIFORD PAINTING CONS., INC. v. Boddiford

426 So. 2d 1243

District Court of Appeal of Florida | Filed: Feb 10, 1983 | Docket: 1283281

Cited 4 times | Published

wages from the corporation, as contemplated by Section 440.15(1)(d), which were equal to his wages before

Acosta v. Kraco, Inc.

426 So. 2d 1120

District Court of Appeal of Florida | Filed: Feb 3, 1983 | Docket: 2578430

Cited 4 times | Published

than 65 years old. The claimant contends that § 440.15(3)(b)3.d., Fla. Stat. (1979), requiring the termination

Harper Plumbing & Heating v. Boyd

418 So. 2d 396

District Court of Appeal of Florida | Filed: Aug 18, 1982 | Docket: 1289223

Cited 4 times | Published

not voluntarily limit his income pursuant to Section 440.15(4)(b), Florida Statutes, is not supported by

Butch's Concrete v. Henderson

414 So. 2d 652

District Court of Appeal of Florida | Filed: Jun 4, 1982 | Docket: 1358334

Cited 4 times | Published

clearly set out the purpose of the amendments. Section 440.15(3)(a)3., Fla. Stat. (1979) states: In order

Robbins v. Rophie Shoes, Inc.

413 So. 2d 839

District Court of Appeal of Florida | Filed: May 10, 1982 | Docket: 2551853

Cited 4 times | Published

compensation order dismissing her claim because Section 440.15(3)(b)3d, Florida Statutes (1981), bars the

Wright v. Golf Drive Residence, Inc.

412 So. 2d 884

District Court of Appeal of Florida | Filed: Mar 18, 1982 | Docket: 73561

Cited 4 times | Published

contains no findings as to the application of Section 440.15(5)(c). Specifically, the order does not address

Leffler v. Grand Union Co.

409 So. 2d 1145

District Court of Appeal of Florida | Filed: Feb 11, 1982 | Docket: 526332

Cited 4 times | Published

finding, in turn, triggers the provisions of Section 440.15(3)(b)(2), Florida Statutes (1979): The amount

Santiago v. Orr Industries, Inc.

407 So. 2d 1026

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 467432

Cited 4 times | Published

entitled to catastrophic loss benefits under Section 440.15(2)(c), Florida Statutes (1977), and, if so

King v. Lord Colony Enterprises

400 So. 2d 856

District Court of Appeal of Florida | Filed: Jul 10, 1981 | Docket: 1676990

Cited 4 times | Published

entire digit under the schedule, or 30 weeks. Section 440.15(3)(n), Florida Statutes (Supp. 1978); Fernandez

Modern Plating Co. v. Whitton

394 So. 2d 515, 1981 Fla. App. LEXIS 19559

District Court of Appeal of Florida | Filed: Feb 23, 1981 | Docket: 1692128

Cited 4 times | Published

entitled to an offset under the provisions of § 440.15(10)(a), Fla. Stat., based on the total social

Kennedy v. Tyson

382 So. 2d 820

District Court of Appeal of Florida | Filed: Apr 14, 1980 | Docket: 1255960

Cited 4 times | Published

schedule set forth in F.S. 440.15(3)(b) in spite of the clear language of F.S. 440.15(3)(s) and the holding

Borden, Inc. v. Butler

377 So. 2d 795

District Court of Appeal of Florida | Filed: Dec 10, 1979 | Docket: 2569340

Cited 4 times | Published

was not properly raised at the hearing level. Section 440.15(11), Florida Statutes (1977), provides that

Audio Visual Innovations, Inc. v. Spiessbach

119 So. 3d 522, 36 I.E.R. Cas. (BNA) 814, 2013 WL 4253239, 2013 Fla. App. LEXIS 12860

District Court of Appeal of Florida | Filed: Aug 16, 2013 | Docket: 60233635

Cited 3 times | Published

reemployment at a reasonable cost to the employer.” § 440.015 (emphasis added). And chapter 440 sets forth a

Bend v. Shamrock Services

59 So. 3d 153, 2011 Fla. App. LEXIS 2515, 2011 WL 680282

District Court of Appeal of Florida | Filed: Feb 28, 2011 | Docket: 2362780

Cited 3 times | Published

comprehensive scheme constructed by the Legislature. See § 440.015, Fla. Stat. (2007). Rather, the exclusive remedies

Gauthier v. Florida International University

38 So. 3d 221, 2010 Fla. App. LEXIS 8975, 2010 WL 2484451

District Court of Appeal of Florida | Filed: Jun 22, 2010 | Docket: 2409322

Cited 3 times | Published

employer-carrier monitored system"). Although section 440.015, Florida Statutes (2005), emphasizes the Legislature's

Harrell v. Citrus County School Board

25 So. 3d 675, 2010 Fla. App. LEXIS 200, 2010 WL 143492

District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 1661133

Cited 3 times | Published

point through the date of the final hearing. See § 440.15(2)(a), Fla. Stat. (2006) ("Once the employee reaches

Bolanos v. WORKFORCE ALLIANCE

23 So. 3d 171, 2009 Fla. App. LEXIS 15999, 2009 WL 3430175

District Court of Appeal of Florida | Filed: Oct 27, 2009 | Docket: 1657474

Cited 3 times | Published

origin, age, handicap, or marital status") with § 440.015, Fla. Stat. (2006) (stating the legislative intent

City of Ocoee v. Trimble

929 So. 2d 687, 2006 Fla. App. LEXIS 7984, 2006 WL 1373237

District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 1727008

Cited 3 times | Published

not an economic or administrative burden. See § 440.015, Fla. Stat. Under the JCC's logic, an E/C providing

At& T WIRELESS v. Frazier

871 So. 2d 939, 2004 WL 609298

District Court of Appeal of Florida | Filed: Mar 30, 2004 | Docket: 1300742

Cited 3 times | Published

consistent with the legislative intent expressed in section 440.015, that chapter 440 be interpreted "so as to

Kleja v. Barnhart

220 F. Supp. 2d 1330, 2002 U.S. Dist. LEXIS 17822, 2002 WL 31103985

District Court, M.D. Florida | Filed: Feb 14, 2002 | Docket: 2397750

Cited 3 times | Published

Statutes contain a reverse offset provision; however, § 440.15(10)(c) provides that reverse offset does not apply

State v. Herny

781 So. 2d 1067, 2001 WL 81779

Supreme Court of Florida | Filed: Feb 1, 2001 | Docket: 1690546

Cited 3 times | Published

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

Wilkins v. Broward County School Board

754 So. 2d 50, 2000 WL 62967

District Court of Appeal of Florida | Filed: Jan 27, 2000 | Docket: 1523507

Cited 3 times | Published

DCA 1997), concerning section 440.15(1)(e)1., Florida Statutes. Section 440.15(1)(e)1., Florida Statutes

Florida Plastering v. Alderman

755 So. 2d 604, 25 Fla. L. Weekly Supp. 49, 2000 Fla. LEXIS 63, 2000 WL 38942

Supreme Court of Florida | Filed: Jan 20, 2000 | Docket: 1873648

Cited 3 times | Published

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

GAB Business Services, Inc. v. Dixon

739 So. 2d 637, 1999 Fla. App. LEXIS 9507, 1999 WL 496244

District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 644

Cited 3 times | Published

social security disability offset authorized in section 440.15(10), Florida Statutes (Supp.1994), and the

Americana Dutch Hotel v. McWilliams

733 So. 2d 536, 1999 WL 105213

District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 1187821

Cited 3 times | Published

at the claimant's AWW, as argued by the E/C, section 440.15(1)(e)1., Florida Statutes (1985), specifically

Scott v. Mohawk Canoes

730 So. 2d 731, 1999 WL 73703

District Court of Appeal of Florida | Filed: Feb 18, 1999 | Docket: 1474249

Cited 3 times | Published

terminated payment of supplemental benefits, citing section 440.15(1)(e)1, Florida Statutes (1991), as authority

Wal-Mart Stores, Inc. v. Lopez

742 So. 2d 301, 1998 WL 689678

District Court of Appeal of Florida | Filed: Oct 7, 1998 | Docket: 1324165

Cited 3 times | Published

weeks allowed by section 440.15(2)(a), Florida Statutes (Supp.1994) and section 440.15(4)(b), Florida Statutes

Merritt v. Promo Graphics, Inc.

691 So. 2d 632, 1997 Fla. App. LEXIS 4342, 1997 WL 185897

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 1424492

Cited 3 times | Published

rev. denied, 443 So.2d 979 (Fla.1984). Under section 440.15(10), Florida Statutes (1995), Promo Graphics

Williams v. CITY OF FORT WALTON

691 So. 2d 580, 1997 WL 178842

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 1424095

Cited 3 times | Published

Beach for the "full pay status" contemplated by section 440.15(11), Florida Statutes (1991).[1] The order

Hensley v. Punta Gorda

686 So. 2d 724, 1997 WL 7289

District Court of Appeal of Florida | Filed: Jan 6, 1997 | Docket: 1260351

Cited 3 times | Published

reemployment at a reasonable cost to the employer." § 440.015, Fla.Stat. (Supp.1994). Thus, our workers' compensation

Barry v. Burdines

675 So. 2d 587, 21 Fla. L. Weekly Supp. 247, 5 Am. Disabilities Cas. (BNA) 1184, 1996 Fla. LEXIS 973, 1996 WL 316130

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 2517040

Cited 3 times | Published

wherein the district court certified: Whether Section 440.15(3)(b)4.d[.], Florida Statutes (1991), is subject

Hunter v. South Florida Sod

666 So. 2d 1018, 1996 WL 21681

District Court of Appeal of Florida | Filed: Jan 23, 1996 | Docket: 2529689

Cited 3 times | Published

employer/carrier (E/C) were entitled, under section 440.15(10)(a), Florida Statutes, to take an offset

Marbury v. Holiday Inn

660 So. 2d 799, 1995 Fla. App. LEXIS 9932, 1995 WL 557554

District Court of Appeal of Florida | Filed: Sep 22, 1995 | Docket: 1755961

Cited 3 times | Published

DCA 1992). In these cases, we held that under section 440.15(3)(b)2., Florida Statutes (1990 Supp.), a claimant's

Delchamps v. Page

659 So. 2d 341, 1995 WL 155431

District Court of Appeal of Florida | Filed: Apr 11, 1995 | Docket: 1462357

Cited 3 times | Published

in applying the deemed earnings provision of section 440.15, Florida Statutes, against the claimant's entitlement

McCarthy v. Bay Area Signs

639 So. 2d 1114, 19 Fla. L. Weekly Fed. D 1600

District Court of Appeal of Florida | Filed: Jul 25, 1994 | Docket: 1712626

Cited 3 times | Published

employer and the employer's carrier invoke section 440.15(3)(b)5, Florida Statutes (1991), which provides

SOUTH FLORIDA WATER DIST. v. Ciacci

647 So. 2d 203, 1994 WL 372961

District Court of Appeal of Florida | Filed: Jul 19, 1994 | Docket: 437742

Cited 3 times | Published

for a work search under the 1990 version of section 440.15, Florida Statutes, when claimant was injured

Santos v. K-MART

629 So. 2d 1071, 1994 WL 1896

District Court of Appeal of Florida | Filed: Jan 6, 1994 | Docket: 1263453

Cited 3 times | Published

appropriateness of any amount taken, in accordance with section 440.15(9), Florida Statutes. REVERSED and REMANDED

Horton v. Martin Memorial Hosp.

610 So. 2d 1352, 1992 WL 385368

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1413289

Cited 3 times | Published

workers' compensation benefits, explaining: ... Section 440.15(10)(c) [Florida Statutes (1979)] does not authorize

Horton v. Martin Memorial Hosp.

610 So. 2d 1352, 1992 WL 385368

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1413289

Cited 3 times | Published

workers' compensation benefits, explaining: ... Section 440.15(10)(c) [Florida Statutes (1979)] does not authorize

Entenmann's Bakery v. Nunez

592 So. 2d 1158, 1992 WL 3685

District Court of Appeal of Florida | Filed: Jan 14, 1992 | Docket: 1428348

Cited 3 times | Published

and wage-loss benefits is barred by statute, § 440.15(5)(a), ... [citation omitted] in this circumstance

Florida Community Health Center v. Ross

590 So. 2d 1037, 1991 WL 265074

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 458248

Cited 3 times | Published

assertions, we find that the 1990 amendment to section 440.15(1)(b) requiring a 100 mile work search is not

Quail Ridge v. Johnson

584 So. 2d 199, 1991 WL 156616

District Court of Appeal of Florida | Filed: Aug 15, 1991 | Docket: 238394

Cited 3 times | Published

and carrier contend the setoff provision of section 440.15(9), Florida Statutes, is mandatory and self-executing

Artigas v. Winn Dixie Stores, Inc.

578 So. 2d 356, 1991 WL 46823

District Court of Appeal of Florida | Filed: Apr 9, 1991 | Docket: 1525359

Cited 3 times | Published

Permanent total disability benefits under Section 440.15(1), Florida Statutes (1989), and attendant

Florida Ins. Guar. Ass'n v. Renfroe

568 So. 2d 962, 1990 WL 146902

District Court of Appeal of Florida | Filed: Oct 2, 1990 | Docket: 1526709

Cited 3 times | Published

payment of the 5% supplement provided for in section 440.15(1)(e)(1), Florida Statutes (1987), would begin

Curtis v. Bordo Citrus Products

566 So. 2d 328, 1990 WL 123112

District Court of Appeal of Florida | Filed: Aug 24, 1990 | Docket: 1529174

Cited 3 times | Published

Dorman, 509 So.2d 377 (Fla. 1st DCA 1987); Section 440.15(3)(b). The claimant typically, but not necessarily

Scott v. Container Corp. of America

559 So. 2d 399, 1990 WL 41238

District Court of Appeal of Florida | Filed: Apr 10, 1990 | Docket: 1751428

Cited 3 times | Published

temporary total disability benefits pursuant to section 440.15(2), *400 Florida Statutes (1987), from May

Bright v. City of Tampa

546 So. 2d 1122, 1989 WL 77491

District Court of Appeal of Florida | Filed: Jul 13, 1989 | Docket: 1731089

Cited 3 times | Published

applied the "deemed earnings" provision of section 440.15(3)(b)2, Florida Statutes (1981), in calculating

Iley v. Linzey

531 So. 2d 1361, 1988 WL 95880

District Court of Appeal of Florida | Filed: Sep 15, 1988 | Docket: 1528651

Cited 3 times | Published

earnings of $20 per week. In determining AWW under section 440.15(5)(b)(1), the deputy commissioner included

Trilla v. Braman Cadillac

527 So. 2d 873, 1988 WL 62145

District Court of Appeal of Florida | Filed: Jun 17, 1988 | Docket: 1526036

Cited 3 times | Published

order approving a reduction of benefits under section 440.15(9), Florida Statutes (1982), based upon 80

Regal Marine Industries v. Cappucci

523 So. 2d 766, 1988 WL 33694

District Court of Appeal of Florida | Filed: Apr 15, 1988 | Docket: 473151

Cited 3 times | Published

medically or scientifically demonstrable findings. Section 440.15(3)(a)(3), Fla. Stat. This line of cases is

A & J Tie Beam Service v. Kendle

511 So. 2d 653, 12 Fla. L. Weekly 1831

District Court of Appeal of Florida | Filed: Jul 29, 1987 | Docket: 1700767

Cited 3 times | Published

Howard, 508 So.2d 466 (Fla. 1st DCA 1987), section 440.15(2)(b), Florida Statutes, expressly provides

Monroe Furniture Co. v. Bonner

509 So. 2d 1264, 12 Fla. L. Weekly 1674

District Court of Appeal of Florida | Filed: Jul 10, 1987 | Docket: 1715521

Cited 3 times | Published

the deputy commissioner (dc), arguing that Section 440.15(3)(b)3.a., Florida Statutes (1986), statutorily

RE Dailey Co. v. Dorman

509 So. 2d 377, 12 Fla. L. Weekly 1599, 1987 Fla. App. LEXIS 9106

District Court of Appeal of Florida | Filed: Jun 30, 1987 | Docket: 1715430

Cited 3 times | Published

the court noted that Section 440.15(9), Florida Statutes (1983) [now Section 440.15(8), Florida Statutes]

Oakdell, Inc. v. Gallardo

505 So. 2d 672, 12 Fla. L. Weekly 1079

District Court of Appeal of Florida | Filed: Apr 21, 1987 | Docket: 1745930

Cited 3 times | Published

capable of engaging in gainful employment... ." Section 440.15(1)(b), Florida Statutes. (emphasis supplied)

Telcon, Inc. v. Williams

500 So. 2d 266, 12 Fla. L. Weekly 5

District Court of Appeal of Florida | Filed: Dec 19, 1986 | Docket: 1689618

Cited 3 times | Published

or anyone else; therefore, the provisions of section 440.15(7) and (8), Florida Statutes (1979), were inapplicable

Shipp v. STATE WORKERS'COMP. TRUST FUND

481 So. 2d 76, 11 Fla. L. Weekly 115, 1986 Fla. App. LEXIS 5882

District Court of Appeal of Florida | Filed: Jan 3, 1986 | Docket: 549005

Cited 3 times | Published

compensation benefits (supplemental benefits) under section 440.15(1)(e)1, Florida Statutes (1981). We affirm

Hayward Trucking v. Aetna Ins. Co.

466 So. 2d 437, 10 Fla. L. Weekly 896

District Court of Appeal of Florida | Filed: Apr 9, 1985 | Docket: 1524928

Cited 3 times | Published

Nationwide argues apportionment is barred by Section 440.15(5)(a), Florida Statutes (1981). Consequently

Troy Desk Manufacturing Co., Inc. v. Troy

448 So. 2d 46

District Court of Appeal of Florida | Filed: Apr 3, 1984 | Docket: 1523033

Cited 3 times | Published

the appellant-carrier's contention that under Section 440.15(1)(d), it was justified in unilaterally suspending

Hall v. City of Jacksonville

443 So. 2d 326

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 1458113

Cited 3 times | Published

WENTWORTH and ZEHMER, JJ., concur. NOTES [1] Section 440.15(3)(u), Florida Statutes (1977), provides that

FLA. SHERIFFS YOUTH FUND v. Harrell

438 So. 2d 450

District Court of Appeal of Florida | Filed: Sep 19, 1983 | Docket: 1731832

Cited 3 times | Published

Impairment (AMA Guides) under the provisions of Section 440.15(3)(a)3, Florida Statutes (1981), and there

O'NEIL v. Department of Transp.

442 So. 2d 961

District Court of Appeal of Florida | Filed: Jun 7, 1983 | Docket: 468994

Cited 3 times | Published

(Fla. 1st DCA 1983). That question is whether section 440.15(3)(b)3.d., Florida Statutes (1979), which terminates

SHARP CONST. CO., INC. v. Perez

429 So. 2d 367

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 1221261

Cited 3 times | Published

appellee has voluntarily limited his employment. Section 440.15(3)(b)2 provides that if an employee voluntarily

Cintas Corp. v. Price

424 So. 2d 900

District Court of Appeal of Florida | Filed: Dec 21, 1982 | Docket: 1708416

Cited 3 times | Published

order awarding wage loss benefits pursuant to § 440.15(3)(b), Fla. Stat. We reverse upon our determination

Paradise Fruit Co. v. Floyd

425 So. 2d 9

District Court of Appeal of Florida | Filed: Aug 31, 1982 | Docket: 1181709

Cited 3 times | Published

which the finding of permanent impairment under Section 440.15(3)(a)3, Florida Statutes (1979), must be based

Mathis v. Kelly Construction Company

417 So. 2d 740

District Court of Appeal of Florida | Filed: Jul 16, 1982 | Docket: 1406736

Cited 3 times | Published

argues that Section 440.15(3)(a)3, Florida Statutes (1979), as implemented by Section 440.15(3)(b)1, denies

City of Miami v. Wright

414 So. 2d 24

District Court of Appeal of Florida | Filed: May 18, 1982 | Docket: 1343859

Cited 3 times | Published

compensable catastrophic injury, as defined by Section 440.15(2)(b), Florida Statutes (1979), occurred. In

Oak Crest Enterprises, Inc. v. Ford

411 So. 2d 927

District Court of Appeal of Florida | Filed: Mar 18, 1982 | Docket: 1327247

Cited 3 times | Published

function. The law applicable to this case is Section 440.15(3)(b), Florida Statutes (1979): (b) Wage-Loss

Newman Heating & Boiler Repair, Inc. v. Newman

418 So. 2d 1008, 1982 Fla. App. LEXIS 19518

District Court of Appeal of Florida | Filed: Mar 18, 1982 | Docket: 1289065

Cited 3 times | Published

disability is total rather than partial so that § 440.15(3), Fla. Stat., governing PPD, does not apply

Buckhalter v. University of Florida

411 So. 2d 1327

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 1327180

Cited 3 times | Published

impairment resulted from claimant's shoulder injury. § 440.15(3), Florida Statutes. MILLS and THOMPSON, JJ.

Silver Springs, Inc. v. Scardo

408 So. 2d 844

District Court of Appeal of Florida | Filed: Jan 21, 1982 | Docket: 1732366

Cited 3 times | Published

eligible for any partial wage-loss benefits under Section 440.15(4), the deputy should use the same recalculated

Rollins Bldg. Services, Inc. v. Thomas

393 So. 2d 665, 1981 Fla. App. LEXIS 19462

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 1372369

Cited 3 times | Published

failed to apply the deduction provision of Section 440.15(5)(c), Florida Statutes. We agree with the

Guzman v. SURGE ELEC., INC.

381 So. 2d 287

District Court of Appeal of Florida | Filed: Mar 11, 1980 | Docket: 1716574

Cited 3 times | Published

based on diminution of wage-earning capacity. § 440.15(3)(u), Florida Statutes (1977). The order is hereby

LaBrecque v. Florida Vocational Rehabilitation and Division of Risk Management

380 So. 2d 482, 1980 Fla. App. LEXIS 16027

District Court of Appeal of Florida | Filed: Feb 14, 1980 | Docket: 1237584

Cited 3 times | Published

either a foot injury or a leg injury. Since Section 440.15(3), Florida Statutes (1973) addresses injuries

Special Disability Trust Fund v. Fleet Transport Co.

283 So. 2d 31, 1973 Fla. LEXIS 4358

Supreme Court of Florida | Filed: Jun 6, 1973 | Docket: 1489776

Cited 3 times | Published

controlling since the apportionment statute (Fla. Stat. § 440,15(5)(c), F.S.A.) has been substantially altered

General Properties Co., Inc. v. Greening

18 So. 2d 908, 154 Fla. 814, 1944 Fla. LEXIS 822

Supreme Court of Florida | Filed: Aug 1, 1944 | Docket: 3272718

Cited 3 times | Published

justify contrary rulings. The applicable law is Section 440.15, Subsection (6), Florida Statutes, 1941, and

Laura Lewis v. Dollar Rent A Car and ESIS WC Claims

220 So. 3d 1246, 2017 WL 2491550, 2017 Fla. App. LEXIS 8541

District Court of Appeal of Florida | Filed: Jun 9, 2017 | Docket: 6071339

Cited 2 times | Published

longer eligible for wage-loss benefits under section 440.15, Florida Statutes. 2 . Due to

& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal

194 So. 3d 311, 2016 WL 3191086

Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072274

Cited 2 times | Published

case, we consider the constitutionality of -section 440.15(2)(a), Florida Statutes (2009) — part of the

School Board v. Huben

165 So. 3d 865, 2015 Fla. App. LEXIS 9474, 2015 WL 3826608

District Court of Appeal of Florida | Filed: Jun 22, 2015 | Docket: 60248254

Cited 2 times | Published

physical MMI]” — and the operative language in section 440.15(2), which limits catastrophic TTD benefits

Elms v. Castle Constructors Co.

109 So. 3d 1274, 2013 WL 1338695, 2013 Fla. App. LEXIS 5473

District Court of Appeal of Florida | Filed: Apr 4, 2013 | Docket: 60229492

Cited 2 times | Published

appears to be working precisely as intended. See § 440.015, Fla. Stat. (2011) (explaining that Workers’ Compensation

Felder v. King Motor Co. of South Florida

110 So. 3d 105, 2013 WL 1136334, 2013 Fla. App. LEXIS 4419

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230109

Cited 2 times | Published

simplified this court’s job by specifying in section 440.015, Florida Statutes (2006), that “[i]t is the

Blake v. Merck & Co.

43 So. 3d 882, 2010 Fla. App. LEXIS 13325, 2010 WL 3465003

District Court of Appeal of Florida | Filed: Sep 7, 2010 | Docket: 60295506

Cited 2 times | Published

Gas, 982 So.2d at 37. Under the version of section 440.15(l)(b) applicable to this 2004 date of accident

Russell v. Orange County Public Schools Transportation

36 So. 3d 743, 2010 Fla. App. LEXIS 5242, 2010 WL 1542648

District Court of Appeal of Florida | Filed: Apr 20, 2010 | Docket: 1118781

Cited 2 times | Published

(1993), A Summary (Oct. 21, 1993). Further, section 440.015, Florida Statutes, which provides the legislative

Meneses v. CITY FURNITURE

34 So. 3d 71, 2010 Fla. App. LEXIS 3857, 2010 WL 1076250

District Court of Appeal of Florida | Filed: Mar 25, 2010 | Docket: 1641405

Cited 2 times | Published

a permanent impairment of 20% or greater). See § 440.15(3)(a)-(d), Fla. Stat. (2002). At the hearing,

Mitchell v. XO COMMUNICATIONS

3 So. 3d 1278, 2009 Fla. App. LEXIS 2147, 2009 WL 593074

District Court of Appeal of Florida | Filed: Mar 10, 2009 | Docket: 1652860

Cited 2 times | Published

burden and which were not before the JCC. See § 440.15(5)(b), Fla. Stat. (2000); see also Holiday Inn

Mitchell v. XO COMMUNICATIONS

3 So. 3d 1278, 2009 Fla. App. LEXIS 2147, 2009 WL 593074

District Court of Appeal of Florida | Filed: Mar 10, 2009 | Docket: 1652860

Cited 2 times | Published

burden and which were not before the JCC. See § 440.15(5)(b), Fla. Stat. (2000); see also Holiday Inn

Butler v. City of Jacksonville

980 So. 2d 1250, 2008 Fla. App. LEXIS 6937, 2008 WL 1968312

District Court of Appeal of Florida | Filed: May 8, 2008 | Docket: 1735583

Cited 2 times | Published

that he has suffered a catastrophic injury. See § 440.15(1)(b), Fla. Stat. (1996). A catastrophic injury

Jack Feagin Electric, Inc. v. Hallmark

894 So. 2d 1083, 2005 Fla. App. LEXIS 2666, 2005 WL 491384

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 2575195

Cited 2 times | Published

employee a copy of Form DWC-19, pursuant to Section 440.15(8), (10) and (11), F.S.... If the employee

Cooper v. BUDDY FREDDY'S RESTAURANT

889 So. 2d 125, 2004 WL 2724048

District Court of Appeal of Florida | Filed: Nov 30, 2004 | Docket: 1742745

Cited 2 times | Published

claimant's petition for impairment benefits under section 440.15(3)(a), Florida Statutes (1999), because claimant

Bruner v. GC-GW, INC.

880 So. 2d 1244, 2004 WL 1920012

District Court of Appeal of Florida | Filed: Aug 30, 2004 | Docket: 1689251

Cited 2 times | Published

workers' compensation system be efficient. See § 440.015, Fla. Stat. (2000). The Legislature also intends

Rojas v. United Sheet Metal

832 So. 2d 174, 2002 WL 31519841

District Court of Appeal of Florida | Filed: Nov 14, 2002 | Docket: 1336231

Cited 2 times | Published

for his physical conditions, April 8, 1999. See § 440.15(2), Fla. Stat. (Supp.1998). After claimant reached

Orange County Fire Rescue v. Antonelli

794 So. 2d 758, 2001 WL 1131907

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 1737899

Cited 2 times | Published

the higher maximum compensation rate under section 440.15(1)(f)1, Florida Statutes (1995). To subject

Jackson v. Hochadel Roofing Co.

794 So. 2d 668, 2001 WL 904988

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 1737936

Cited 2 times | Published

"compensation benefits." § 440.15(9)(a), Fla. Stat. (1991) (now codified as § 440.15(10)(a), Fla. Stat. (2000))

Florida Power Corp. v. Van Loan

764 So. 2d 708, 2000 Fla. App. LEXIS 7513, 2000 WL 775588

District Court of Appeal of Florida | Filed: Jun 19, 2000 | Docket: 470331

Cited 2 times | Published

compensation claims as the sum authorized by section 440.15(1)(a), Florida Statutes (Supp.1994), to be

INVERNESS HEALTHCARE CENTER v. Cote

751 So. 2d 163, 2000 WL 126623

District Court of Appeal of Florida | Filed: Feb 4, 2000 | Docket: 2579490

Cited 2 times | Published

appeal an order recalculating the offset under section 440.15(9)(a), Florida Statutes (1989). We affirm.

State v. Herny

776 So. 2d 932, 1999 WL 979474

District Court of Appeal of Florida | Filed: Oct 29, 1999 | Docket: 421740

Cited 2 times | Published

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

HRS DIST. II v. Pickard

778 So. 2d 299, 1999 WL 503456

District Court of Appeal of Florida | Filed: Oct 15, 1999 | Docket: 1686953

Cited 2 times | Published

which claimant was first entitled in 1989 under section 440.15(1)(e)1, Florida Statutes (Supp.1986), we reverse

City of Hollywood v. Lombardi

738 So. 2d 491, 1999 WL 569559

District Court of Appeal of Florida | Filed: Aug 5, 1999 | Docket: 1502652

Cited 2 times | Published

this point, we are aware of the provisions of section 440.15(13), Florida Statutes (Supp.1994), making an

DEPT. OF TRANSPORTATION v. Johns

753 So. 2d 108, 1998 WL 777091

District Court of Appeal of Florida | Filed: Nov 10, 1998 | Docket: 1729038

Cited 2 times | Published

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

Kentucky Fried Chicken v. Tyler

716 So. 2d 295, 1998 WL 426989

District Court of Appeal of Florida | Filed: Jul 27, 1998 | Docket: 424738

Cited 2 times | Published

consecutive months during that two-year period. § 440.15(3)(b)3.a., Florida Statutes (1987). The right

Kilbourne & Sons v. Kilbourne

677 So. 2d 855, 1995 WL 746378

District Court of Appeal of Florida | Filed: Dec 19, 1995 | Docket: 1272902

Cited 2 times | Published

the requirement to perform the work search. Section 440.15(3)(b)2, Florida Statutes (Supp.1990). The burden

Champlovier v. City of Miami

667 So. 2d 315, 1995 WL 597204

District Court of Appeal of Florida | Filed: Dec 19, 1995 | Docket: 161505

Cited 2 times | Published

more distinct. The original claim was under section 440.15, Florida Statutes, while the claim that gave

Mac Papers, Inc. v. Cruz

658 So. 2d 108, 1995 WL 222398

District Court of Appeal of Florida | Filed: Apr 17, 1995 | Docket: 439448

Cited 2 times | Published

of a job search to avoid the obligation in section 440.15(3)(b)(2). When the Legislature amended subsection

Garcia v. Carmar Structural, Inc.

629 So. 2d 117, 18 Fla. L. Weekly Supp. 590, 1993 Fla. LEXIS 1816, 1993 WL 458842

Supreme Court of Florida | Filed: Nov 10, 1993 | Docket: 1263880

Cited 2 times | Published

calculated Garcia's wage-loss benefits based on section 440.15(3)(b), Florida Statutes (Supp. 1990), which

City of North Bay Village v. Cook

617 So. 2d 753, 1993 WL 116702

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 458021

Cited 2 times | Published

five-percent supplemental benefit paid pursuant to section 440.15(1)(e)1, Florida Statutes (1983). On May 9,

Delgado v. Blanco & Sons Catering

606 So. 2d 658, 1992 WL 227862

District Court of Appeal of Florida | Filed: Sep 17, 1992 | Docket: 136964

Cited 2 times | Published

caused by the incident in question. NOTES [1] Section 440.15(5)(a), Florida Statutes (1989), precludes apportionment

Gainesville Coca-Cola v. Young

596 So. 2d 1278, 1992 WL 81447

District Court of Appeal of Florida | Filed: Apr 24, 1992 | Docket: 1707480

Cited 2 times | Published

determined in accordance with AMA Guides pursuant to section 440.15(3)(a), F.S.) The evidence supporting the 1%

University Medical Center v. Sumpter

591 So. 2d 288, 1991 WL 257732

District Court of Appeal of Florida | Filed: Dec 9, 1991 | Docket: 541256

Cited 2 times | Published

since wage-loss benefits were paid monthly, section 440.15(9)(a), Florida Statutes (1985),[1] which applied

Griffin v. ORLANDO REGIONAL MED. CENTER

578 So. 2d 448, 1991 WL 60007

District Court of Appeal of Florida | Filed: Apr 22, 1991 | Docket: 618861

Cited 2 times | Published

benefits from the date of MMI we affirm. Under Section 440.15(1)(e)1, Florida Statutes (Supp. 1982), claimant

Davis v. Bonded Transp., Inc.

573 So. 2d 373, 1991 WL 2322

District Court of Appeal of Florida | Filed: Jan 10, 1991 | Docket: 1518733

Cited 2 times | Published

employer/carrier provided. Under the provisions of section 440.15(1)(b), Florida Statutes, "no compensation shall

Roose & Griffin Landscape Contractors v. Weiss

558 So. 2d 102, 1990 Fla. App. LEXIS 1368, 1990 WL 19946

District Court of Appeal of Florida | Filed: Mar 5, 1990 | Docket: 1404793

Cited 2 times | Published

and that the conclusions of law accord with section 440.15, Florida Statutes (1987), and the relevant

Baggett v. MULBERRY CONST. CO.

549 So. 2d 1386, 14 Fla. L. Weekly 2035, 1989 Fla. App. LEXIS 4935, 1989 WL 101056

District Court of Appeal of Florida | Filed: Aug 31, 1989 | Docket: 1373350

Cited 2 times | Published

benefits based on the deemed earnings provision of section 440.15(4)(b), Florida Statutes (1981), for the December

Spaulding v. Albertson's

543 So. 2d 858, 1989 WL 52818

District Court of Appeal of Florida | Filed: May 17, 1989 | Docket: 1437379

Cited 2 times | Published

earning capacity of that amount, pursuant to Section 440.15(3)(b)2, Florida Statutes. The deputy commissioner's

Hillsborough County School Bd. v. Fliter

539 So. 2d 1145, 1989 WL 12434

District Court of Appeal of Florida | Filed: Feb 17, 1989 | Docket: 109658

Cited 2 times | Published

by invoking the deemed earnings provision of section 440.15(3)(b)(2), Florida Statutes (1987), upon his

MacKin v. Olde World Cheese Shop

536 So. 2d 301, 1988 WL 133970

District Court of Appeal of Florida | Filed: Dec 14, 1988 | Docket: 1759902

Cited 2 times | Published

based on the "deemed earnings" provision of section 440.15(4)(b), Florida Statutes, rather than on actual

Seligman & Latz, Inc. v. Panell

530 So. 2d 1032, 1988 WL 89501

District Court of Appeal of Florida | Filed: Aug 31, 1988 | Docket: 1268201

Cited 2 times | Published

resulted from the right patella fracture. Section 440.15(1)(b), Florida Statutes (1983), provides that

Simmons v. Trinity Industries

528 So. 2d 1337, 1988 WL 80116

District Court of Appeal of Florida | Filed: Aug 4, 1988 | Docket: 1367938

Cited 2 times | Published

and wage-loss benefits is barred by statute, § 440.15(5)(a), Hayward Trucking, Inc. v. Aetna Insurance

Brookings v. HUNZINGER CONST.

512 So. 2d 952, 12 Fla. L. Weekly 1373

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 1517331

Cited 2 times | Published

pursuant to the "deemed earnings" provision of Section 440.15(3)(b)2, Florida Statutes. Appellant asserts

FERNANDINA BEACH v. Sch. Bd.

488 So. 2d 871

District Court of Appeal of Florida | Filed: May 13, 1986 | Docket: 1225127

Cited 2 times | Published

appellees. BARFIELD, Judge. Appellants assert that section 440.15(5), Florida Statutes (1979), as interpreted

Matter of George Hunt, Inc.

60 B.R. 183, 1986 Bankr. LEXIS 6330

United States Bankruptcy Court, M.D. Florida | Filed: Apr 4, 1986 | Docket: 1832653

Cited 2 times | Published

entitlement to recover wage loss benefits pursuant to § 440.15(3)(b). This issue was considered extensively by

Lemus v. Industrial Sites Services

482 So. 2d 472, 11 Fla. L. Weekly 226

District Court of Appeal of Florida | Filed: Jan 20, 1986 | Docket: 1769346

Cited 2 times | Published

an award for total permanent impairment because § 440.15(3)(a), Florida Statutes, limits impairment awards

NAT. DISTILLERS v. Guthrie

473 So. 2d 806, 10 Fla. L. Weekly 1890

District Court of Appeal of Florida | Filed: Aug 8, 1985 | Docket: 451520

Cited 2 times | Published

Johnson, 422 So.2d 870 (Fla. 1st DCA 1982). Section 440.15(3)(b)2, Florida Statutes (1984 Supp.) (as amended

O'NEIL v. Department of Transp.

468 So. 2d 904, 10 Fla. L. Weekly 157

Supreme Court of Florida | Filed: Mar 7, 1985 | Docket: 1725506

Cited 2 times | Published

question to be of great public importance: Does Section 440.15(3)(b)3.d., Florida Statutes (1979), violate

Martin County School Bd. v. McDaniel

465 So. 2d 1235

District Court of Appeal of Florida | Filed: Feb 27, 1985 | Docket: 1323707

Cited 2 times | Published

eligibility for wage loss benefits in accordance with Section 440.15(3)(a) and (b), the existence and degree of

Morrow v. Amcon Concrete, Inc.

433 So. 2d 1230

District Court of Appeal of Florida | Filed: Jun 15, 1983 | Docket: 1424788

Cited 2 times | Published

the employer and carrier were entitled under section 440.15(3)(b)4, Florida Statutes (1979), to reduce

Paul Lawhon Plumbing Co. v. Cave

427 So. 2d 1093

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 1648309

Cited 2 times | Published

voluntarily limiting his income, as proscribed by Section 440.15(4)(b), Florida Statutes (1981). Therefore,

Duro Paperbag Mfg. Co. v. Graham

415 So. 2d 809

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 459223

Cited 2 times | Published

circumstances would apparently require the application of § 440.15(4)(b), Florida Statutes (1980), as to "deemed"

Jamar Sportswear, Inc. v. Miller

413 So. 2d 811

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 1344662

Cited 2 times | Published

Evaluation of Permanent Impairment as required by section 440.15(3)(a)(3), Florida Statutes (1979). We agree

Cenvill Communities, Inc. v. Brown

409 So. 2d 1147

District Court of Appeal of Florida | Filed: Feb 11, 1982 | Docket: 526302

Cited 2 times | Published

temporary disability benefits paid pursuant to § 440.15(2)(a) and (4) shall include such period as may

Sunland Training Center v. Brown

396 So. 2d 278

District Court of Appeal of Florida | Filed: Apr 8, 1981 | Docket: 1732157

Cited 2 times | Published

$250 per month in social security benefits. Section 440.15(10), Florida Statutes, provides that weekly

Massey v. North American Biologicals

397 So. 2d 341

District Court of Appeal of Florida | Filed: Apr 7, 1981 | Docket: 1356685

Cited 2 times | Published

benefits to which he may be entitled pursuant to F.S. 440.15."

Keith v. City of Altamonte Springs

344 So. 2d 555

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 1517790

Cited 2 times | Published

John M. Keith. The claim was made pursuant to Section 440.15(2)(b), Florida States (1975), which in relevant

Florida Industrial Commission ex rel. Special Disability Fund v. National Trucking Co.

107 So. 2d 397

District Court of Appeal of Florida | Filed: Dec 9, 1958 | Docket: 60191413

Cited 2 times | Published

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

Florida Industrial Commission ex rel. Special Disability Fund v. National Trucking Co.

107 So. 2d 397

District Court of Appeal of Florida | Filed: Dec 9, 1958 | Docket: 60191413

Cited 2 times | Published

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

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

271 So. 3d 1133

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14885281

Cited 1 times | Published

by an efficient and self-executing system. § 440.015, Fla. Stat. Indeed,

Slora v. Sun 'n Fun Fly-In, Inc.

173 So. 3d 1099, 2015 Fla. App. LEXIS 12708, 2015 WL 5023000

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687741

Cited 1 times | Published

reemployment at a reasonable cost to the employer.” § 440.015. It determined that "a mutual renunciation of

Box v. Tallahassee Fire Department/City of Tallahassee

160 So. 3d 133, 2015 Fla. App. LEXIS 4724, 2015 WL 1442510

District Court of Appeal of Florida | Filed: Mar 31, 2015 | Docket: 60246831

Cited 1 times | Published

impairment income benefits at the correct rate. Section 440.15(3)(c), Florida Statutes (2013), provides: Impairment

Deborah O'Connor v. North Okaloosa Medical Center

152 So. 3d 843, 2014 WL 7010433

District Court of Appeal of Florida | Filed: Dec 11, 2014 | Docket: 2614603

Cited 1 times | Published

temporary disability benefits, as is required by section 440.15(2)(a), Florida Statutes (2004); Claimant had

Sarasota County School Board/Optacomp v. Roberson

135 So. 3d 587, 2014 WL 1467867, 2014 Fla. App. LEXIS 5494

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60239715

Cited 1 times | Published

relying on the following language found in section 440.15(l)(b), Florida Statutes (2009): In all other

Miami Dade County School Board v. Smith

116 So. 3d 511, 2013 WL 2382471, 2013 Fla. App. LEXIS 8766

District Court of Appeal of Florida | Filed: Jun 3, 2013 | Docket: 60232373

Cited 1 times | Published

PTD benefits under the standards set forth in section 440.15(l)(b) and 440.02(34), Florida Statutes (1997)

Ballard v. EDD HELMS GROUP

79 So. 3d 88, 2011 Fla. App. LEXIS 20926, 2011 WL 6851248

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 2359321

Cited 1 times | Published

unemployment compensation benefits during this time. See § 440.15(10)(a), Fla. Stat. (2008) ("No compensation benefits

Aguilar v. Kohl's Department Stores, Inc.

68 So. 3d 356, 2011 Fla. App. LEXIS 13245, 2011 WL 3667888

District Court of Appeal of Florida | Filed: Aug 23, 2011 | Docket: 60302254

Cited 1 times | Published

the express legislative intent contained in section 440.015, Florida Statutes (2007), providing “an efficient

REPUBLIC WASTE SERVICES, INC. v. Ricardo

68 So. 3d 934, 2011 Fla. App. LEXIS 12740, 2011 WL 3558165

District Court of Appeal of Florida | Filed: Aug 15, 2011 | Docket: 2355522

Cited 1 times | Published

interest. See § 440.20(6)(a), Fla. Stat. (2009). Section 440.15(4), Florida Statutes (2009), which provides

Morrison v. STATE DEPARTMENT OF VETERAN'S AFFAIRS

62 So. 3d 686, 2011 Fla. App. LEXIS 8384, 2011 WL 2202482

District Court of Appeal of Florida | Filed: Jun 8, 2011 | Docket: 2587604

Cited 1 times | Published

to the date of maximum medical improvement. See § 440.15(4), Fla. Stat. (2007). We further remind the workers'

Stahl v. TENET HEALTH SYSTEMS, INC.

54 So. 3d 538, 2011 Fla. App. LEXIS 213, 2011 WL 148388

District Court of Appeal of Florida | Filed: Jan 19, 2011 | Docket: 2406387

Cited 1 times | Published

impairment benefits as required by the Act. See § 440.15(3)(g)1, Fla. Stat. (2003) (providing for two weeks

East v. CVS Pharmacy, Inc.

51 So. 3d 516, 2010 Fla. App. LEXIS 19004, 2010 WL 5114723

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 60297644

Cited 1 times | Published

for the full 104-week period allowed under section 440.15(4), Florida Statutes, and sought PTD benefits

Hernandez v. Geo Group, Inc./Specialty Risk Services

46 So. 3d 1123, 2010 Fla. App. LEXIS 16527, 2010 WL 4273190

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 60296129

Cited 1 times | Published

testimony to establish his entitlement to PTD. See § 440.15(l)(b)5., Fla. Stat. (2007) (conditioning award

SEMINOLE COUNTY GOVERNMENT v. Baumgardner

28 So. 3d 145, 2010 Fla. App. LEXIS 986, 2010 WL 396320

District Court of Appeal of Florida | Filed: Feb 5, 2010 | Docket: 1652223

Cited 1 times | Published

Claimant's impairment benefits pursuant to section 440.15(3)(c), Florida Statutes (2005). Because the

Garcia v. Fence Masters, Inc.

16 So. 3d 200, 2009 Fla. App. LEXIS 10954, 2009 WL 2392897

District Court of Appeal of Florida | Filed: Aug 6, 2009 | Docket: 1641310

Cited 1 times | Published

residence, due to his physical limitations. See § 440.15(l)(b)5., Fla. Stat. (2005). This court has held

Zeiger Crane Rentals, Inc. v. Double a Industries, Inc.

16 So. 3d 907, 2009 Fla. App. LEXIS 10746, 2009 WL 2382320

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1125290

Cited 1 times | Published

reemployment at a reasonable cost to the employer." § 440.015, Fla. Stat. (2007). In exchange for strict liability

Mieses v. Applebee's

14 So. 3d 1228, 2009 Fla. App. LEXIS 8654, 2009 WL 1856214

District Court of Appeal of Florida | Filed: Jun 30, 2009 | Docket: 1650887

Cited 1 times | Published

benefits was not barred by the 104-week limit. § 440.15(2)(a), (4)(b), Fla. Stat. (2003). As of July 27

Burgess v. BUCKHEAD BEEF FLORIDA

15 So. 3d 25, 2009 Fla. App. LEXIS 4446, 2009 WL 1272333

District Court of Appeal of Florida | Filed: May 11, 2009 | Docket: 2530757

Cited 1 times | Published

of the Florida Workers' Compensation Law. See § 440.015, Fla. Stat. (2006) ("It is the specific intent

City of Miami Springs v. Sanchez

2 So. 3d 383, 2008 Fla. App. LEXIS 20501, 2008 WL 5411728

District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 1643928

Cited 1 times | Published

supplemental benefits after Claimant's 65th birthday. See § 440.15(12), Fla. Stat. (2007); Brown v. L.P. Sanitation

Auman v. LEVEROCK'S SEAFOOD HOUSE

997 So. 2d 476, 33 Fla. L. Weekly Fed. D 2848

District Court of Appeal of Florida | Filed: Dec 16, 2008 | Docket: 2536170

Cited 1 times | Published

language of the statute supports their position. Section 440.15(2)(a), Florida Statutes (2004), authorizes

Houck v. LEE COUNTY BD. OF COUNTY COM'RS

995 So. 2d 1102, 2008 WL 4999484

District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 1285361

Cited 1 times | Published

Chavez, 920 So.2d 69 (Fla. 1st DCA 2006). Section 440.15(1)(b), Florida Statutes (1995), provides that

LEE COUNTY PARKS AND RECREATION v. Fifer

996 So. 2d 229, 2008 WL 4722533

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1317346

Cited 1 times | Published

forward applying the substantive provisions of section 440.15, Florida Statutes (1983). Admissibility of

Kicklighter v. City of Jacksonville

978 So. 2d 870, 2008 Fla. App. LEXIS 5228, 2008 WL 957754

District Court of Appeal of Florida | Filed: Apr 10, 2008 | Docket: 2584022

Cited 1 times | Published

awarding claimant PTD benefits pursuant to section 440.15(1)(b), Florida Statutes (2004). WOLF, KAHN

Ferrell Gas v. Childers

982 So. 2d 36, 2008 WL 916947

District Court of Appeal of Florida | Filed: Apr 7, 2008 | Docket: 1664795

Cited 1 times | Published

disabled. The current and applicable version of section 440.15(1)(b), Florida Statutes, provides a list of

Wal-Mart Stores, Inc. v. Thompson

974 So. 2d 516, 2008 WL 312644

District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 1717923

Cited 1 times | Published

catastrophic injury as defined in s. 440.02." § 440.15(1)(b), Fla. Stat. (1995); see ch. 2003-412, §

Orange County Fire Rescue v. Jones

959 So. 2d 785, 2007 WL 1792328

District Court of Appeal of Florida | Filed: Jun 21, 2007 | Docket: 528268

Cited 1 times | Published

93-415, § 20, at 122, Laws of Fla. (codified as § 440.15(3)(a), Fla. Stat.). Because the creation of permanent

Turner v. MIAMI-DADE COUNTY SCHOOL BD.

941 So. 2d 508, 2006 WL 3208492

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 431885

Cited 1 times | Published

to penalties and interest for late payment. See § 440.15(3)(a)1 (providing that "[o]nce the employee has

Olmo v. Rehabcare Starmed/SRS

930 So. 2d 789, 2006 Fla. App. LEXIS 8547, 2006 WL 1468673

District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 1469113

Cited 1 times | Published

(Fla. 1st DCA 1998) (quotation omitted). See also § 440.15(2)-(3), Fla. Stat. (1993) (allowing temporary

Royal & Sunalliance v. Chavez

920 So. 2d 69, 2006 WL 20437

District Court of Appeal of Florida | Filed: Jan 5, 2006 | Docket: 1441082

Cited 1 times | Published

20, 112, at 118, 215, Laws of Fla. (codified as § 440.15(1)(b), Fla. Stat. (1999)). See Union Camp Corp

Potter v. City of Ormond Beach

913 So. 2d 710, 2005 WL 2736739

District Court of Appeal of Florida | Filed: Oct 25, 2005 | Docket: 1331199

Cited 1 times | Published

WEBSTER and BENTON, JJ., concur. NOTES [1] Section 440.15(5)(b), Florida Statutes (2001), which addresses

Protegrity Services, Inc. v. Brehm

901 So. 2d 150, 2005 Fla. App. LEXIS 1407, 2005 WL 320704

District Court of Appeal of Florida | Filed: Feb 11, 2005 | Docket: 1666375

Cited 1 times | Published

reemployment at a reasonable cost to the employer." § 440.015, Fla. Stat. (1997). To that end, "[t]he workers'

Miami-Dade County v. Lovett

888 So. 2d 136, 2004 Fla. App. LEXIS 18092, 2004 WL 2723983

District Court of Appeal of Florida | Filed: Nov 30, 2004 | Docket: 1327860

Cited 1 times | Published

(SSD) offset was improper, and conflicted with section 440.15(9)[1], Florida Statutes (1991). We disagree

Vreuls v. Progressive Employer Services

881 So. 2d 688, 2004 Fla. App. LEXIS 12746, 29 Fla. L. Weekly Fed. D 1990

District Court of Appeal of Florida | Filed: Aug 30, 2004 | Docket: 1748727

Cited 1 times | Published

amount of appellant's PTDS benefits pursuant to section 440.15(1)(f), by using the 66 2/3% permanent total

Styles v. BROWARD COUNTY SCHOOL BD.

831 So. 2d 212, 2002 WL 31202323

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 1722790

Cited 1 times | Published

calculating supplemental benefits in accordance with section 440.15(1)(e), Florida Statutes. We reverse. The order

Neavins v. City of St. Petersburg

823 So. 2d 288, 2002 WL 1828103

District Court of Appeal of Florida | Filed: Aug 12, 2002 | Docket: 458755

Cited 1 times | Published

entitled to PTD benefits; (2) that based on section 440.15(2)(b), Florida Statutes (1999), as an amputee

Upson v. Orange County School Bd.

811 So. 2d 733, 2002 WL 265849

District Court of Appeal of Florida | Filed: Feb 26, 2002 | Docket: 1723913

Cited 1 times | Published

2d 332 (Fla. 1st DCA 1997), in stating that section 440.15(13), Florida Statutes (1994), allowed the E/SA

Olavarria v. Okeelanta Corp.

741 So. 2d 1249, 1999 WL 790805

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 453121

Cited 1 times | Published

submitted timely requests for wage loss benefits. See § 440.15(3)(b)2, Fla. Stat. (1993) (requiring submission

Robin Tucker, As Assignee of Palm Beach Nightclub Enterprises, Inc. v. John Galt Insurance Agency

743 So. 2d 108, 1999 Fla. App. LEXIS 12368, 1999 WL 741119

District Court of Appeal of Florida | Filed: Sep 17, 1999 | Docket: 64791657

Cited 1 times | Published

biweekly installments or as otherwise provided in § 440.15.” § 440.20(2), Fla. Stat. (1997). For example

Cooper v. Escambia County School Bd.

734 So. 2d 1072, 1999 Fla. App. LEXIS 4626, 1999 WL 71251

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1730914

Cited 1 times | Published

"gainful employment" as that term is used in section 440.15(1)(b), Florida Statutes. Reasonable job modifications

ORANGE COUNTY SCHOOL BD. v. Melman

721 So. 2d 1183, 1998 WL 530379

District Court of Appeal of Florida | Filed: Aug 25, 1998 | Docket: 1323292

Cited 1 times | Published

followed her chiropractors' advice not to work. See § 440.15(3)(b), Fla. Stat. (1993). This is not a case where

Pyram v. MARRIOTT INTERN.

687 So. 2d 351, 1997 WL 49118

District Court of Appeal of Florida | Filed: Feb 10, 1997 | Docket: 1371181

Cited 1 times | Published

unless the JCC finds such refusal justifiable. Section 440.15(7), Florida Statutes (Supp.1994). Here, the

KARODY v. Quality Steel and Claims Center

694 So. 2d 40, 1997 WL 20416

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 1450930

Cited 1 times | Published

JCC's failure to apply the offset provisions in section 440.15(1), Florida Statutes (1991), for the period

Hertz Rent-A-Car v. Sosa

670 So. 2d 73, 1996 WL 27886

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 2532687

Cited 1 times | Published

12, chapter 89-289, Laws of Florida, amended section 440.15(2) to add subsection (c), which provides that

Herrera v. Hojo Inn Maingate

680 So. 2d 439, 1996 Fla. App. LEXIS 289, 1996 WL 16566

District Court of Appeal of Florida | Filed: Jan 19, 1996 | Docket: 64767825

Cited 1 times | Published

determined by the JCC in accordance with the facts. § 440.15(l)(b), Fla.Stat. (1993). The burden is upon the

Ben Brown Painting Contractors v. Poole

667 So. 2d 235, 1995 WL 496974

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 2189081

Cited 1 times | Published

applies also fails. In a recent case construing section 440.15(4)(b), Florida Statutes, we held: "once a claimant

Bridges v. Motorola, Inc.

646 So. 2d 790, 1994 WL 668210

District Court of Appeal of Florida | Filed: Dec 1, 1994 | Docket: 1405098

Cited 1 times | Published

for those benefits were untimely filed under section 440.15(3)(b)2, Florida Statutes (1991). We conclude

Stacy v. Venice Isles Mobile Home Park

635 So. 2d 1039, 1994 Fla. App. LEXIS 4116, 1994 WL 148142

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 1353385

Cited 1 times | Published

good faith, albeit unsuccessful, work search. § 440.15(3)(b)2., Fla. Stat. (1991); Publix Supermarket

INJURED WORKERS v. Dept. of Labor

630 So. 2d 1189, 19 Fla. L. Weekly Fed. D 178

District Court of Appeal of Florida | Filed: Jan 18, 1994 | Docket: 418878

Cited 1 times | Published

1991." Ch. 90-201, § 20, at 936, Laws of Fla.; § 440.15(3)(a)3, Fla. Stat. (Supp. 1990). An advisory *1191

Gunter v. Sauer, Inc.

629 So. 2d 1086, 1994 WL 5312

District Court of Appeal of Florida | Filed: Jan 12, 1994 | Docket: 122409

Cited 1 times | Published

with the legislative intent, as expressed in section 440.015, Florida Statutes (1991), of assuring a quick

Kessler v. Community Blood Bank

621 So. 2d 539, 1993 WL 255581

District Court of Appeal of Florida | Filed: Jul 13, 1993 | Docket: 1266139

Cited 1 times | Published

1981). Dr. Hinds' report does not comply with section 440.15(3)(a)(3), *542 Florida Statutes (1989), which

Kash-N-Karry v. Johnson

617 So. 2d 791, 1993 WL 132632

District Court of Appeal of Florida | Filed: Apr 28, 1993 | Docket: 458001

Cited 1 times | Published

has no effect upon, the special hazard rule. Section 440.015, Florida Statutes (Supp. 1990), is equally

Burks v. Day's Harvesting, Inc.

597 So. 2d 858, 1992 WL 67935

District Court of Appeal of Florida | Filed: May 20, 1992 | Docket: 1704483

Cited 1 times | Published

question, novel in Florida law, of whether section 440.15(9)(a), Florida Statutes (1989), allows the

PINELLAS COUNTY SCHOOL BD. v. Higgins

597 So. 2d 355, 1992 Fla. App. LEXIS 4239, 1992 WL 74903

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 1704726

Cited 1 times | Published

of his salary prior to the first accident, section 440.15(3)(b). He had been told that he would be given

Keller Kitchen Cabinets v. Holder

586 So. 2d 1132, 1991 WL 151971

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1742554

Cited 1 times | Published

such benefits to the time period stated in section 440.15. Finally, I do not agree with the statement

University of Cent. Fla. v. Gleaves

586 So. 2d 458, 1991 WL 187290

District Court of Appeal of Florida | Filed: Sep 23, 1991 | Docket: 1487644

Cited 1 times | Published

in excess of five years, in contravention of section 440.15(4)(c), Florida Statutes. Although the record

American Airlines v. Miller

575 So. 2d 669, 1990 WL 205434

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 1443022

Cited 1 times | Published

through the date of the order and continuing. Section 440.15(3)(b)3, Florida Statutes (1979) provides that

Davis v. BROWARD COUNTY HEALTH DEPT.

570 So. 2d 371, 1990 WL 178655

District Court of Appeal of Florida | Filed: Nov 13, 1990 | Docket: 1704119

Cited 1 times | Published

attributable to the wording of the wage loss statute. Section 440.15(3)(b), Florida Statutes (1985), provides in

Holland v. Courtesy Corp.

569 So. 2d 780, 1990 Fla. App. LEXIS 7575, 1990 WL 146767

District Court of Appeal of Florida | Filed: Oct 8, 1990 | Docket: 1190898

Cited 1 times | Published

dispositive of his claim for PTD benefits. Section 440.15(1)(b), Florida Statutes, provides in pertinent

General Tire Serv. v. SPEC. DISABILITY TR. FUND

569 So. 2d 481, 1990 WL 141892

District Court of Appeal of Florida | Filed: Sep 27, 1990 | Docket: 1190156

Cited 1 times | Published

reimbursement for wage loss benefits, paid pursuant to section 440.15(3)(b) during the first six months after the

Minton-Sun, Inc. v. Hills

563 So. 2d 162, 1990 WL 77398

District Court of Appeal of Florida | Filed: Jun 7, 1990 | Docket: 1281503

Cited 1 times | Published

Additionally, it was incumbent upon claimant under Section 440.15(3)(b)1., Florida Statutes (1985), to show that

Christian v. Greater Miami Academy

541 So. 2d 701, 1989 WL 27644

District Court of Appeal of Florida | Filed: Mar 28, 1989 | Docket: 1516500

Cited 1 times | Published

do even light work due to physical limitation." § 440.15(1)(b), Fla. Stat. (1981). We do not, however,

Courtesy Corp. v. Holland

538 So. 2d 545, 1989 WL 12497

District Court of Appeal of Florida | Filed: Feb 20, 1989 | Docket: 472290

Cited 1 times | Published

do even light work due to physical limitation." § 440.15(1)(b), Fla. Stat. (Supp. 1982). Certainly, the

ANNA MARIA FIRE CONTROL DIST. v. Angell

528 So. 2d 456, 1988 WL 68080

District Court of Appeal of Florida | Filed: Jul 1, 1988 | Docket: 1717524

Cited 1 times | Published

[Angell's] AWW calculation." The DC referred to § 440.15(3)(b)(1), "benefits must be based on actual wage

Roseboom v. HT Constructors, Inc.

527 So. 2d 234, 1988 WL 55645

District Court of Appeal of Florida | Filed: May 25, 1988 | Docket: 530007

Cited 1 times | Published

determination of a permanent disability claim. See section 440.15(5)(a), Florida Statutes. The consolidated claims

Morris v. CA Meyer Paving & Const.

516 So. 2d 302, 1987 WL 1911

District Court of Appeal of Florida | Filed: Dec 1, 1987 | Docket: 1266740

Cited 1 times | Published

constitute amputation within the meaning of section 440.15(3)(a), Florida Statutes (1985). Concluding

SCHOOL BD. OF MANATEE COUNTY v. Gambuzza

510 So. 2d 992, 12 Fla. L. Weekly 1666

District Court of Appeal of Florida | Filed: Jul 9, 1987 | Docket: 1754264

Cited 1 times | Published

claimed is the result of the compensable injury. § 440.15(3)(b)2, Fla. Stat.; Regency Inn v. Johnson, 422

Acosta v. Kraco, Inc.

471 So. 2d 24, 10 Fla. L. Weekly 267, 1985 Fla. LEXIS 3243

Supreme Court of Florida | Filed: May 9, 1985 | Docket: 64612639

Cited 1 times | Published

question to be of great public importance: Does Section 440.15(3)(b)3.d., Florida Statutes (1979) violate

MARRIOTT IN-FLITE SERVICES v. Garcia

450 So. 2d 569

District Court of Appeal of Florida | Filed: May 10, 1984 | Docket: 1729031

Cited 1 times | Published

and catastrophic loss benefits pursuant to section 440.15(2)(b), Florida Statutes (1981). We affirm.

National Distillers v. Guthrie

443 So. 2d 354

District Court of Appeal of Florida | Filed: Dec 29, 1983 | Docket: 1458936

Cited 1 times | Published

formula on that ground, since a careful reading of § 440.15(3)(b) shows that the comparison to be made is

Burnup & Sims, Inc. v. Ozment

440 So. 2d 29

District Court of Appeal of Florida | Filed: Nov 3, 1983 | Docket: 1728475

Cited 1 times | Published

for instance, a claim for medical benefits. Section 440.15(1)(b), Fla. Stat., provides that in all cases

Wise v. EL Copeland Builders

435 So. 2d 339

District Court of Appeal of Florida | Filed: Jul 22, 1983 | Docket: 1328615

Cited 1 times | Published

Chapter 440 is not before us, we note that section 440.15(10) provides only for an offset of federal

Jones Mahoney Corp. v. Hutto

421 So. 2d 703

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1372998

Cited 1 times | Published

points. The claimant argues on cross-appeal that § 440.15(3), Fla. Stat. (1979) is unconstitutional. We

State v. Campbell

417 So. 2d 1156

District Court of Appeal of Florida | Filed: Aug 13, 1982 | Docket: 1721965

Cited 1 times | Published

from the injury." The pertinent portions of Section 440.15(3), Florida Statutes (1979) state: (3) PERMANENT

STATE, DEPT. OF TRANSP. v. Davis

416 So. 2d 1132

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 1655058

Cited 1 times | Published

could not be offset pursuant to Florida Statutes, § 440.15(10)(a),[1] as amended in 1979. The basis of the

Cumberland Farm Food Stores v. Meier

408 So. 2d 700

District Court of Appeal of Florida | Filed: Jan 11, 1982 | Docket: 1732588

Cited 1 times | Published

involves a claim for wage loss benefits under § 440.15(3)(b), Florida Statutes (1979). Due to the temporary

Poole & Kent Company v. Asbell

394 So. 2d 1112

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 1315069

Cited 1 times | Published

failed to rule on the issue of whether, under § 440.15(3)(c), Fla. Stat. (Supp. 1978), the claimant's

Coe v. Kentucky Fried Chicken

393 So. 2d 1156

District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 1372997

Cited 1 times | Published

Insofar as this case involves unscheduled injuries, § 440.15(3)(u), Fla. Stat. (1977), provides that disability

Eques v. Best Knit Textile Corp.

382 So. 2d 736

District Court of Appeal of Florida | Filed: Mar 21, 1980 | Docket: 1255744

Cited 1 times | Published

whichever of those two determinations is greater. Section 440.15(3)(u), Florida Statutes (1975); Siver v. Proefke-Nielsen

Boatright v. City of Jacksonville

334 So. 2d 339, 93 L.R.R.M. (BNA) 2909, 1976 Fla. App. LEXIS 15726

District Court of Appeal of Florida | Filed: Jun 23, 1976 | Docket: 64554338

Cited 1 times | Published

continuance thereof, not to exceed 350 weeks. Section 440.15(2), Florida Statutes. PERMANENT PARTIAL DISABILITY

Williamson v. Bush & LaFoe

294 So. 2d 641

Supreme Court of Florida | Filed: May 8, 1974 | Docket: 1736349

Cited 1 times | Published

separately, may be treated under Florida Statute § 440.15(3)(u), F.S.A., as an injury to the body as a whole

Phelps v. Gunite Construction and Rentals, Inc.

279 So. 2d 829, 1973 Fla. LEXIS 5166

Supreme Court of Florida | Filed: Jun 21, 1973 | Docket: 425575

Cited 1 times | Published

Hospital, 260 So.2d 505 (Fla. 1972). [2] Fla. Stat. § 440.15(3) and (7), F.S.A.; Wolfe v. Neal, 156 So.2d 513

Jackson v. Nat Harrison Associates

283 So. 2d 27

Supreme Court of Florida | Filed: Jun 6, 1973 | Docket: 1743524

Cited 1 times | Published

the second injury alone. He held that Fla. Stat. § 440.15(5)(c), F.S.A., relating to subsequent injuries

Frohman Gear Company v. Fellows

149 So. 2d 557

Supreme Court of Florida | Filed: Feb 8, 1963 | Docket: 1480036

Cited 1 times | Published

award of benefits for hernia under Fla. Stat. § 440.15(6) (f), F.S.A. Respondent avers that he suffered

Patrylo v. Nautilus Hotel

142 So. 2d 279

Supreme Court of Florida | Filed: Jun 13, 1962 | Docket: 1860552

Cited 1 times | Published

partial disability of the body as a whole. Section 440.15(3) (u), Florida Statutes, F.S.A. Upon review

Sherman v. Peoples Water & Gas Co.

138 So. 2d 745, 1962 Fla. LEXIS 3028

Supreme Court of Florida | Filed: Mar 7, 1962 | Docket: 60202348

Cited 1 times | Published

filed for bene*746fits outside the hernia statute, § 440.15(6) (f). A hearing was held by the deputy commissioner

Jackson v. Princeton Farms Corp.

140 So. 2d 570

Supreme Court of Florida | Filed: Jan 31, 1962 | Docket: 60204354

Cited 1 times | Published

earning capacity and invoked the provisions of Section 440.15(5) (d) (2) Florida Statutes 1957, F.S.A.3 by

Daniel Murphy v. Polk County Board of County Commissioners, and Commercial Risk Management

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258187

Published

death; and 2) medical and attendant care. See § 440.015, Fla. Stat. (“It is the intent of the Legislature

Sedgwick Claims Management Services, the GEO Group, Inc. v. Ryan Thompson

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258606

Published

defenses by employers and employees alike,” section 440.015, Florida Statutes (1995), the common

Michael Guglielmo v. State of Florida-DOC Zephyrhills C I/Division of Risk Management

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962102

Published

PIB payments, subject to the provisions of section 440.15(3)(c), Florida Statutes. 8

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

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553872

Published

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

Bottling Group, LLC v. Giovanni E. Bastien

District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68439662

Published

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

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

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68042561

Published

permanent total disability benefits (“PTD”) under section 440.15(1), Florida Statutes. Gulf Management asserts

KATHLEEN WEAVER vs VOLUSIA COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Oct 21, 2022 | Docket: 63162674

Published

wages 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

District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370653

Published

public policy.” It conforms to public policy. Section 440.015, Florida Statutes (2017), states: It

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

District Court of Appeal of Florida | Filed: Oct 16, 2019 | Docket: 16338041

Published

and its intended application is set out in section 440.015: It is the intent of the Legislature

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

275 So. 3d 1290

District Court of Appeal of Florida | Filed: Aug 1, 2019 | Docket: 16001039

Published

order, the JCC found that, in accordance with section 440.15(1)(f), Florida Statutes (2008), Claimant continued

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

District Court of Appeal of Florida | Filed: Jul 29, 2019 | Docket: 15979019

Published

statutory 1 After Ahles, the Legislature amended § 440.15(4) to create an absolute bar to TPD benefits for

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

275 So. 3d 1283

District Court of Appeal of Florida | Filed: Jul 29, 2019 | Docket: 15979021

Published

restrictions on the employee’s ability to work. § 440.15(4)(a), Fla. Stat. (2017); see also Wyeth/Pharma

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

275 So. 3d 846

District Court of Appeal of Florida | Filed: Jul 23, 2019 | Docket: 15953778

Published

defense has been removed from the statute, section 440.15(4)(a) “pins remuneration on what the employee

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

271 So. 3d 1206

District Court of Appeal of Florida | Filed: Apr 29, 2019 | Docket: 15013081

Published

permanent 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

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14900239

Published

by an efficient and self-executing system. § 440.015, Fla. Stat. Indeed,

Kneer v. Lincare and Travelers Insurance

267 So. 3d 1077

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64710109

Published

statute's 104-week cap on temporary benefits in § 440.15(2)(a) violated article I, § 21, of the Florida

William Kneer v. Lincare and Travelers Insurance

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865371

Published

temporary total disability benefits as set out in section 440.15(2). This result was extended by this Court

Kneer v. Lincare and Travelers Insurance

267 So. 3d 1077

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64710110

Published

statute's 104-week cap on temporary benefits in § 440.15(2)(a) violated article I, § 21, of the Florida

Nicole Payne v. Allstaff Inc/Summit

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693124

Published

and February 2017. TPD benefits under section 440.15(4)(a), Florida Statutes (2016), are payable

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

260 So. 3d 532

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409764

Published

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

Matthew Marraffino v. Stericycle/Sedgwick CMS

260 So. 3d 1115

District Court of Appeal of Florida | Filed: Nov 30, 2018 | Docket: 8343247

Published

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

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

255 So. 3d 453

District Court of Appeal of Florida | Filed: Sep 7, 2018 | Docket: 7819877

Published

offered by her employer was justifiable under § 440.15(6), Florida Statutes. We reverse because the record

Ruben Rodriguez v. Tallahassee Fire Department/ City of Tallahassee

240 So. 3d 788

District Court of Appeal of Florida | Filed: Mar 15, 2018 | Docket: 6335105

Published

to an injury or condition using the Guide. See § 440.15(3)(b)-(c), Fla. Stat. (2013); Fla. Admin. Code

Utopia Home Care/ Guarantee Ins. Co. v. Beatriz Alvarez

230 So. 3d 72

District Court of Appeal of Florida | Filed: Sep 5, 2017 | Docket: 6147625

Published

093(2), Fla. Stat. (2011). The reference to section 440.15, Florida Statutes (2011), at the beginning

Cal-Maine Foods/Broadspire v. Howard

225 So. 3d 898, 2017 Fla. App. LEXIS 10681, 2017 WL 3160125

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 60274126

Published

designed to be efficient and self-executing. See § 440.015, Fla. Stat. It should not be incumbent upon litigants

AT&T Communications and Sedgwick CMS v. Victoria Murray Rosso

217 So. 3d 1183, 2017 WL 1655233, 2017 Fla. App. LEXIS 6125

District Court of Appeal of Florida | Filed: May 2, 2017 | Docket: 6057381

Published

liberally construed in favor of either party. § 440.015, Fla. Stat. (1990). This Court previously determined

Thomas Eckert v. Pinellas County Sheriff's Office/Pinellas County etc.

215 So. 3d 161, 2017 Fla. App. LEXIS 4411

District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 4667145

Published

rate. We reverse. The statute at issue is section 440.15(3)(c), Florida Statutes (2009), and the pertinent

Thomas Eckert v. Pinellas County Sheriff's Office/Pinellas County etc.

215 So. 3d 161, 2017 Fla. App. LEXIS 4411

District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 4667145

Published

rate. We reverse. The statute at issue is section 440.15(3)(c), Florida Statutes (2009), and the pertinent

Boyle v. JA Cummings, Inc.

212 So. 3d 1060, 2017 WL 629420, 2017 Fla. App. LEXIS 2078

District Court of Appeal of Florida | Filed: Feb 16, 2017 | Docket: 60262729

Published

is admissible, except as provided by law.”); § 440.015, Fla. Stat. (“It is the specific intent of the

Jose Gomez-Lujano v. Palm Beach Grill- Houston's etc.

207 So. 3d 1032, 2017 Fla. App. LEXIS 500

District Court of Appeal of Florida | Filed: Jan 19, 2017 | Docket: 4571652

Published

964 (Fla. 1st DCA 2016) (applying Westphal to section 440.15(4)(e), Florida Statutes). Additionally, we

Vincent Jones v. Food Lion, Inc. and Risk Management Services

202 So. 3d 964, 2016 Fla. App. LEXIS 16710

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486771

Published

until the expiration of 260 weeks. See § 440.15(4)(c), Fla. Stat. (1991). * Having

Vincent Jones v. Food Lion, Inc. and Risk Management Services

District Court of Appeal of Florida | Filed: Nov 8, 2016 | Docket: 4487061

Published

eligible until the expiration of 260 weeks. See § 440.15(4)(c), Fla.

Bowman v. Goodwill Industries, Inc.

202 So. 3d 463, 2016 Fla. App. LEXIS 16052

District Court of Appeal of Florida | Filed: Oct 28, 2016 | Docket: 60257244

Published

disability benefits under the apportionment statute, section 440.15(5)(b), Florida Statutes (2013). We reverse

City of Dania Beach and PGCS v. David Zipoli

204 So. 3d 52, 2016 Fla. App. LEXIS 15058

District Court of Appeal of Florida | Filed: Oct 10, 2016 | Docket: 4480312

Published

entitled to impairment income benefits (IBs) under section 440.15(3), Florida Statutes, and that his “medical

Wood v. Clean Fuels of Indiana, Inc.

214 F. Supp. 3d 1265, 2016 WL 5791240, 2016 U.S. Dist. LEXIS 137550

District Court, M.D. Florida | Filed: Oct 4, 2016 | Docket: 64310852

Published

of benefits to injured workers. See Fla. Stat. § 440.015. Based on the foregoing, Clean Fuels has not complied

SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal – Corrected Opinion

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108655

Published

case, we consider the constitutionality of section 440.15(2)(a), Florida Statutes (2009)—part of the

Cory Fairbanks Mazda v. Minor

192 So. 3d 596, 2016 WL 3001809, 2016 Fla. App. LEXIS 7984

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 60255370

Published

benefits because she was terminated for misconduct. § 440.15(4)(e), Fla. Stat. . Claimant underwent two psychiatric

Marvin Castellanos v. Next Door Company

192 So. 3d 431, 41 Fla. L. Weekly Supp. 197, 2016 WL 1700521, 2016 Fla. LEXIS 885

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059072

Published

disability and medical benefits to an injured worker.” § 440.015, Fla. Stat. (2009). Yet, while the Legislature

Hawkins v. Publix Super Markets, Inc.

177 So. 3d 1045, 2015 Fla. App. LEXIS 16921, 2015 WL 7007996

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 60251067

Published

during the continuance of a refusal of employment. § 440.15(6), Fla. Stat. (2008). See also A. Duda & Sons

Esad Babahmetovic v. Scan Design Florida Inc/ Zenith Insurance Company

176 So. 3d 1006

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991549

Published

particular *1009medical and indemnity benefits. ■ See § 440.15(5)(b), Fla. Stat. (2013) (“If a com-pensable injury

Victor Gonzalez v. Quinco Electrical and Zenith

171 So. 3d 153

District Court of Appeal of Florida | Filed: Jul 14, 2015 | Docket: 2673973

Published

is not an economic or administrative burden.” § 440.015, Fla. Stat. (2013). Resort to adversarial proceedings

Ramirez v. Jorda Enterprises Inc.

164 So. 3d 1291, 2015 Fla. App. LEXIS 9313, 2015 WL 3822928

District Court of Appeal of Florida | Filed: Jun 18, 2015 | Docket: 60247935

Published

this court, Appellant failed to establish that Section 440.15(4)(e), Florida Statutes (2011), is unconstitutional

Maria Suarez v. Steward Enterprises and Travelers Ins. Co.

164 So. 3d 132

District Court of Appeal of Florida | Filed: May 11, 2015 | Docket: 2656167

Published

non-burdensome, self-executing system, see section 440.015, I conclude that Claimant has established irreparable

Esad Babahmetovic v. Scan Design Florida Inc/ Zenith Insurance Company

District Court of Appeal of Florida | Filed: May 3, 2015 | Docket: 2654140

Published

particular medical and indemnity benefits. See, e.g., § 440.15(5)(b), Fla. Stat. (2013) established, an E/C

Stahl v. Hialeah Hospital

160 So. 3d 519, 2015 Fla. App. LEXIS 4294, 2015 WL 1422502

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 60246880

Published

18, at 3920-24, Laws of Fla. *520(amending section 440.15(3)(c), Florida Statutes). We disagree, because

City of Miami Beach v. Marten

153 So. 3d 963, 2014 Fla. App. LEXIS 20920

District Court of Appeal of Florida | Filed: Dec 30, 2014 | Docket: 60245382

Published

benefits (IIBs) paid to Claimant by the E/SA under section 440.15(3), Florida Statutes (Supp.1996). All IIBs

City of Miami Beach v. Marten

153 So. 3d 963, 2014 Fla. App. LEXIS 20920

District Court of Appeal of Florida | Filed: Dec 30, 2014 | Docket: 60245382

Published

benefits (IIBs) paid to Claimant by the E/SA under section 440.15(3), Florida Statutes (Supp.1996). All IIBs

Clark v. R & L Carriers

151 So. 3d 1291, 2014 Fla. App. LEXIS 20806, 2014 WL 7273933

District Court of Appeal of Florida | Filed: Dec 23, 2014 | Docket: 60244429

Published

or oral statement proving the violation of section 440,15(4)(b) and the JCC made a seemingly conclusory

Rodriguez v. Sears Holdings Corporations

162 So. 3d 129, 2014 Fla. App. LEXIS 19599, 2014 WL 6765607

District Court of Appeal of Florida | Filed: Dec 2, 2014 | Docket: 60247426

Published

termination of supplemental benefits pursuant to ... section 440.15(l)(f)l., Florida Statutes (1995) is not a reverse

Luis Rodriguez v. Sears Holdings Corporations, et a.

District Court of Appeal of Florida | Filed: Dec 1, 2014 | Docket: 2610366

Published

of supplemental benefits pursuant to . . . section 440.15(1)(f)1., Florida Statutes (1995) is not a reverse

Ismael Moreno v. Palm Beach County School Board

146 So. 3d 530, 2014 WL 4457315

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310728

Published

shall be decided on their merits.” See § 440.015, Fla. Stat. (2001). IV. The JCC erred

R.L. Haines Construction, LLC v. Santamaria

161 So. 3d 528, 2014 Fla. App. LEXIS 14605, 2014 WL 4648522

District Court of Appeal of Florida | Filed: Sep 19, 2014 | Docket: 60247194

Published

reemployment at a reasonable cost to the employer....” § 440.015, Fla. Stat. (2010). This statutory scheme “is

Hernando County Sheriff's Office v. Sikalos

141 So. 3d 1236, 2014 Fla. App. LEXIS 9624, 2014 WL 2874297

District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60241772

Published

receiving temporary total disability benefits under section 440.15(2), Florida Statutes (2011). His average weekly

Holl v. United Parcel Service

140 So. 3d 1062, 2014 Fla. App. LEXIS 8789, 2014 WL 2565921

District Court of Appeal of Florida | Filed: Jun 9, 2014 | Docket: 60241352

Published

benefits beyond the 401-week limitation in section 440.15(3)(c), Florida Statutes (2002). The applicable

Brevard County School Board v. Acosta

141 So. 3d 233, 2014 Fla. App. LEXIS 8788, 2014 WL 2565925

District Court of Appeal of Florida | Filed: Jun 9, 2014 | Docket: 60241828

Published

reemployment at a reasonable cost to the employer.” § 440.015, Fla. Stat. (2012). Here, in the medical opinion

Southeast Milk/Zurich North America v. Fisher

135 So. 3d 582, 2014 WL 1415204, 2014 Fla. App. LEXIS 5432

District Court of Appeal of Florida | Filed: Apr 14, 2014 | Docket: 60239711

Published

been discharged for misconduct, given that section 440.15(4)(e), Florida Statutes (2012), unequivocally

White v. State

134 So. 3d 1134, 2014 WL 847848, 2014 Fla. App. LEXIS 2968

District Court of Appeal of Florida | Filed: Mar 4, 2014 | Docket: 60239045

Published

benefits to satisfy its liabilities incurred under section 440.15(3)(a), Florida Statutes (2011), during the

Andino-Rivera v. Southeast Atlantic Beverage Co.

132 So. 3d 1191, 2014 WL 444000, 2014 Fla. App. LEXIS 1373

District Court of Appeal of Florida | Filed: Feb 4, 2014 | Docket: 60238337

Published

disability benefits for the period in question. See § 440.15(4)(a), Fla. Stat. (2011) (“Benefits shall be payable

Pena v. Design-Build Interamerican, Inc.

132 So. 3d 1179, 2014 Fla. App. LEXIS 603, 2014 WL 228681

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60238332

Published

disability and medical benefits to an injured worker.” § 440.015, Fla. Stat. (2008). Of significance, the Legislature

Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management

122 So. 3d 440, 2013 WL 5302584, 2013 Fla. App. LEXIS 15084

District Court of Appeal of Florida | Filed: Sep 23, 2013 | Docket: 60234695

Published

basic purpose of the Workers’ Compensation Law. Section 440.15(2)(a) of the Workers’ Compensation Law provides

Goding v. City of Boca Raton

121 So. 3d 1117, 2013 WL 4482486, 2013 Fla. App. LEXIS 13393

District Court of Appeal of Florida | Filed: Aug 22, 2013 | Docket: 60234323

Published

PTD supplemental benefits, as provided for in section 440.15(l)(e)l., Florida Statutes (Supp. 1992). At

Phillips-Huter v. Amstaff Human Resources

116 So. 3d 466, 2013 WL 1859174, 2013 Fla. App. LEXIS 7288

District Court of Appeal of Florida | Filed: May 6, 2013 | Docket: 60232357

Published

entitlement to PTD benefits, as set forth in section 440.15(1), Florida Statutes (2003), and Blake v. Merck

Leticia Morales v. Zenith Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2013 | Docket: 2903244

Published

Florida’s Workers’ Compensation Act. See Fla. Stat. § 440.015. Under the no-fault system created by the Act

Lopez v. A. Duda & Sons, Inc.

109 So. 3d 1277, 2013 WL 1338696, 2013 Fla. App. LEXIS 5472

District Court of Appeal of Florida | Filed: Apr 4, 2013 | Docket: 60229493

Published

residence, due to his ... physical limitation.” § 440.15(1), Fla. Stat. (2010). This court has recognized

Escambia County School District/Board v. Vickery-Orso

109 So. 3d 1242, 2013 WL 1316535, 2013 Fla. App. LEXIS 5442

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60229480

Published

calculations of the appropriate compensation rates. Section 440.15(l)(a), Florida Statutes (2007), states that

Sheaffer v. Publix Super Markets, Inc./Hartford

109 So. 3d 308, 2013 WL 856706, 2013 Fla. App. LEXIS 3763

District Court of Appeal of Florida | Filed: Mar 8, 2013 | Docket: 60229558

Published

take into proper account the provisions of section 440.15(3)(b) and (c), Florida Statutes (2008), requiring

Buttrick v. By the Sea Resorts, Inc.

108 So. 3d 658, 2013 WL 425877, 2013 Fla. App. LEXIS 1685

District Court of Appeal of Florida | Filed: Feb 5, 2013 | Docket: 60229192

Published

pre*660sumptively qualify her for PTD disability benefits. See § 440.15(1)(b)1.-5., Fla. Stat. (2007). If Claimant does

List Industries, Inc. v. Dalien

107 So. 3d 470, 2013 WL 238202, 2013 Fla. App. LEXIS 925

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60228665

Published

for the Worker’s Compensation Law. Id. at 688; § 440.015, Fla. Stat. (2005). Because this accident occurred

Eaton v. City of Winter Haven

101 So. 3d 405, 2012 Fla. App. LEXIS 20247, 2012 WL 5907076

District Court of Appeal of Florida | Filed: Nov 26, 2012 | Docket: 60226307

Published

prove affirmative defense of apportionment). Section 440.15(5)(b), Florida Statutes (2008), addresses apportionment

Thayer v. Chico's FAS, Inc.

98 So. 3d 766, 2012 WL 4872667, 2012 Fla. App. LEXIS 17891

District Court of Appeal of Florida | Filed: Oct 16, 2012 | Docket: 60312567

Published

from post-injury employment for “misconduct.” See § 440.15(4)(e), Fla. Stat. (2009). Here, the JCC rejected

Berman v. Dillard's

91 So. 3d 875, 2012 Fla. App. LEXIS 9600, 2012 WL 2149775

District Court of Appeal of Florida | Filed: Jun 14, 2012 | Docket: 60309998

Published

Appellant/Claimant challenges the constitutionality of section 440.15(l)(b), Florida Statutes (2003), the authority

Newick v. Webster Training Center

78 So. 3d 108, 2012 Fla. App. LEXIS 1316, 2012 WL 254938

District Court of Appeal of Florida | Filed: Jan 30, 2012 | Docket: 2360117

Published

of the apportionment defense provided for in section 440.15(5)(b), Florida Statutes. Claimant contends

DIOCESE OF ST. PETERSBURG v. Cayer

79 So. 3d 82, 2011 Fla. App. LEXIS 20850, 2011 WL 6851183

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 2355402

Published

the JCC applied. The controlling statute is section 440.15(1), Florida Statutes (2008). To establish entitlement

Glinski v. PAN AMERICAN BANK

79 So. 3d 781, 2011 Fla. App. LEXIS 19777, 2011 WL 6141026

District Court of Appeal of Florida | Filed: Dec 9, 2011 | Docket: 2360299

Published

complete and return within twenty-one days. See § 440.15(1)(e)2.b., Fla. Stat. (1983). The form covered

West v. University of Miami

69 So. 3d 398, 2011 Fla. App. LEXIS 14646, 2011 WL 4104974

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 60302610

Published

medical improvement before January 23, 2007. See § 440.15(4), Fla. Stat. (2005). Second, we reverse the

Lucas v. ADT Security Inc./Sedgwick CMS

65 So. 3d 616, 2011 Fla. App. LEXIS 11454, 2011 WL 2937309

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 2362266

Published

improvement (MMI) and is not yet released to work. § 440.15(2), Fla. Stat. (2006). TPD benefits *619 are payable

Citrus County School Board v. State, Department of Financial Services, Division of Workers' Compensation

67 So. 3d 1127, 2011 Fla. App. LEXIS 11445, 2011 WL 2937306

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 60301935

Published

delivery of benefits to the injured worker.” § 440.015, Fla. Stat. The School Board argues that section

HDV Construction Systems, Inc. v. Aragon

66 So. 3d 331, 2011 Fla. App. LEXIS 10042, 2011 WL 2535337

District Court of Appeal of Florida | Filed: Jun 28, 2011 | Docket: 60301868

Published

residence due to his physical limitations. See § 440.15(l)(b)5., Fla. Stat. (2007). This court has stated

Stokes v. Schindler Elevator Corp./Broadspire

60 So. 3d 1110, 2011 Fla. App. LEXIS 6601, 2011 WL 1744156

District Court of Appeal of Florida | Filed: May 9, 2011 | Docket: 60300061

Published

compensation cases shall be decided on their merits.” § 440.015, Fla. Stat. (Supp.1990). See Pic N’ Save Cent

Martinez v. Lake Park Auto Brokers, Inc.

60 So. 3d 533, 2011 Fla. App. LEXIS 6056, 2011 WL 1601443

District Court of Appeal of Florida | Filed: Apr 29, 2011 | Docket: 60300264

Published

address the adequacy of Claimant’s job search. Section 440.15(l)(b), Florida Statutes (2006), provides that

Jewell v. Gevity HR

57 So. 3d 918, 2011 Fla. App. LEXIS 3915, 2011 WL 1045110

District Court of Appeal of Florida | Filed: Mar 23, 2011 | Docket: 60299195

Published

3d 792, 795-96 (Fla. 1st DCA 2010), we held section 440.15(5)(b), Florida Statutes (2008),1 permits apportionment

Langevin v. First Union National Bank

60 So. 3d 426, 2011 Fla. App. LEXIS 2698, 2011 WL 722603

District Court of Appeal of Florida | Filed: Mar 3, 2011 | Docket: 60300211

Published

used to establish catastrophic injury under section 440.15(l)(b), Florida Statutes. See, e.g., Butler

Van Dyke v. Matrix Employee Leasing

54 So. 3d 642, 2011 Fla. App. LEXIS 2641, 2011 WL 715001

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60298364

Published

had work restrictions as of March 1, 2005. See § 440.15(4)(a), Fla. Stat. (2008) (stating TPD payable

Cannino v. Progressive Express Insurance Co.

58 So. 3d 275, 2010 Fla. App. LEXIS 19397, 2010 WL 5129298

District Court of Appeal of Florida | Filed: Dec 17, 2010 | Docket: 60299291

Published

.13, and it includes disability compensation, § 440.15. *277Unlike the PIP statute, however, the workers’

Ekechi v. First america/first Student

49 So. 3d 335, 2010 Fla. App. LEXIS 18662, 2010 WL 4967902

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 127607

Published

3d 754, 757 (Fla. 1st DCA 2010) (noting that section 440.15(12), Florida Statutes (relating to employee's

Hernandez v. Manatee County Government/Commercial Risk Management, Inc.

50 So. 3d 57, 2010 Fla. App. LEXIS 18673, 2010 WL 4967711

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297320

Published

benefits to the injured worker” has been met. § 440.015 Fla. Stat. (2003). This result also serves to

B.F. v. AMS Staff Leasing

54 So. 3d 502, 2010 Fla. App. LEXIS 16540, 2010 WL 4273365

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 60298294

Published

all of which are headquartered in Tallahassee. § 440.015, Fla. Stat. (2010). Accordingly, we find no basis

Jones v. City of St. Petersburg

46 So. 3d 637, 2010 Fla. App. LEXIS 16161, 2010 WL 4157224

District Court of Appeal of Florida | Filed: Oct 25, 2010 | Docket: 2400467

Published

workers' compensation system be self-executing. See § 440.015, Fla. Stat. (2007). It is also unnecessary because

Roto-Rooter Services Co. v. Sepulveda

46 So. 3d 122, 2010 Fla. App. LEXIS 15802, 2010 WL 4059792

District Court of Appeal of Florida | Filed: Oct 18, 2010 | Docket: 60296160

Published

Claimant’s request for additional TPD benefits. See § 440.15(4)(e), Fla. Stat. (2005). This defense was based

City of Venice v. Van Dyke

46 So. 3d 115, 2010 Fla. App. LEXIS 15065, 2010 WL 3909577

District Court of Appeal of Florida | Filed: Oct 7, 2010 | Docket: 60296143

Published

Impairment Rating Schedule (enacted pursuant to section 440.15(3)(b)) provides for a rating for “Valvular

Braun v. Brevard County

44 So. 3d 1216, 2010 Fla. App. LEXIS 14885, 2010 WL 3783441

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 60295551

Published

medical bills were not subject to apportionment. See § 440.15(5)(a), Fla. Stat. (1991) (“Compensation for .

Alie v. Crum Staffing, Inc.

41 So. 3d 1007, 2010 Fla. App. LEXIS 11409, 35 Fla. L. Weekly Fed. D 1757

District Court of Appeal of Florida | Filed: Aug 5, 2010 | Docket: 1668220

Published

statutory formula in section 440.15(4)(a), as well as the language in section 440.15(7) which states that

Matthews v. NATIONAL PUMP COMPRESSOR

41 So. 3d 982, 2010 Fla. App. LEXIS 11107, 2010 WL 2976937

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 363450

Published

entitlement to TPD benefits, shall consider section 440.15(7), Florida Statutes (2008) ("Employee Leaves

Elias v. WORLD WIDE CONCESSIONS, LLC

41 So. 3d 304, 2010 Fla. App. LEXIS 10817, 35 Fla. L. Weekly Fed. D 1525

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 2396205

Published

impairment income benefits payable pursuant to section 440.15(3)(c), Florida Statutes (2007), based on the

Carcamo v. Business Representation International

37 So. 3d 901, 2010 Fla. App. LEXIS 6960, 2010 WL 1794120

District Court of Appeal of Florida | Filed: May 6, 2010 | Docket: 1240204

Published

presuppose claimant was not at MMI at that time. See § 440.15(4)(a), Fla. Stat. (2006). Had the JCC accepted

Smith v. AMS STAFF LEASING

29 So. 3d 1142, 2009 Fla. App. LEXIS 17083, 2009 WL 3787095

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 1643397

Published

statutory framework of workers’ compensation. Section 440.015 states: “It is the intent of the Legislature

PEPSI BOTTLING GROUP, INC. v. Underwood

8 So. 3d 1260, 2009 Fla. App. LEXIS 4312, 2009 WL 1230573

District Court of Appeal of Florida | Filed: May 7, 2009 | Docket: 1654547

Published

benefits paid during this period pursuant to section 440.15(12), Florida Statutes (2004). At a hearing

Advanced Masonry Systems v. Molina

4 So. 3d 62, 2009 Fla. App. LEXIS 1294, 2009 WL 400371

District Court of Appeal of Florida | Filed: Feb 19, 2009 | Docket: 60295084

Published

qualifying, threshold “catastrophic injury” under section 440.15(l)(b), Florida Statutes (2001). However, the

Mullins v. 7-Eleven, Inc.

5 So. 3d 35, 2009 Fla. App. LEXIS 1172, 2009 WL 331011

District Court of Appeal of Florida | Filed: Feb 12, 2009 | Docket: 1202182

Published

related to treatment for the implant pursuant to section 440.15(5)(b), Florida Statutes (2006). Compensability

Gray v. Publix Supermarkets, Inc.

999 So. 2d 691, 2008 WL 5191679

District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 464653

Published

one issue because it involves construction of section 440.15(3)(g), Florida Statutes (2003), a statute which

Wilder v. City of Miami Beach

993 So. 2d 101, 2008 WL 4601232

District Court of Appeal of Florida | Filed: Oct 17, 2008 | Docket: 469391

Published

entitlement to supplemental benefits pursuant to section 440.15(3)(b)1., Florida Statutes (Supp. 1994), however

Interior Custom Concepts v. Slovak

969 So. 2d 1095, 2007 Fla. App. LEXIS 17236, 2007 WL 3166940

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 64853276

Published

exercised more than once every calendar year. § 440.15(l)(e)(l), Fla. Stat. (1999). Additionally, Pursuant

Huff v. Loral American Beryllium Co.

967 So. 2d 244, 2007 WL 2456200

District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 1733626

Published

An occupational disease claim is statutory. See § 440.15, Fla. Stat. (1995). Moreover, under a claim of

STATE, MARINE PATROL v. Clifton

959 So. 2d 1262, 2007 WL 1946162

District Court of Appeal of Florida | Filed: Jul 6, 2007 | Docket: 1525684

Published

separate social security offset provided for in section 440.15(10), Florida Statutes (Supp.1994). "As Grice

Lalonde v. CHECKER'S DRIVE-IN RESTAURANTS

943 So. 2d 993, 2006 WL 3589004

District Court of Appeal of Florida | Filed: Dec 12, 2006 | Docket: 1527015

Published

definition, is "total in character, but temporary." § 440.15(2)(a), Fla. Stat. (2002). Because Claimant was

Tipton v. E-Z Serve Convenience Stores Inc.

936 So. 2d 48, 2006 Fla. App. LEXIS 12321, 31 Fla. L. Weekly Fed. D 1969

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 64846204

Published

disability and medical benefits to an injured worker.” § 440.015, Fla. Stat. A number of years ago, this court

Rotstein v. Publix Supermarkets, Inc.

933 So. 2d 1256, 2006 Fla. App. LEXIS 12301, 2006 WL 2040381

District Court of Appeal of Florida | Filed: Jul 24, 2006 | Docket: 64845791

Published

Indeed, this view is bolstered by my review of section 440.15(1)(e)1, Florida Statutes (1993), the statute

Douglas v. Florida Power & Light, Inc.

921 So. 2d 750, 2006 Fla. App. LEXIS 2207, 2006 WL 397477

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 64842514

Published

the court explained in Eckert, Whatever right section 440.15(l)(e)l grants to the employer and carrier with

Canovas v. Sugar Supply, Inc.

921 So. 2d 26, 2006 Fla. App. LEXIS 434, 2006 WL 141445

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 64842482

Published

sought access to his SSA records pursuant to section 440.15(9)(c), Florida Statutes (2004).1 Historically

Homler v. Family Auto Mart

914 So. 2d 1071, 2005 Fla. App. LEXIS 18760, 2005 WL 3178584

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 64840961

Published

take into proper account the provisions of section 440.15(3)(b) and (c), Florida Statutes (2003), requiring

Delgado v. A. Garcia Harvesting, Inc.

913 So. 2d 78, 2005 Fla. App. LEXIS 16371, 2005 WL 2618598

District Court of Appeal of Florida | Filed: Oct 17, 2005 | Docket: 64840719

Published

as entitled to compensation is governed by section 440.15(l)(e), Florida Statutes (2002), our standard

Osceola County School Board v. Boos

912 So. 2d 667, 2005 Fla. App. LEXIS 16142, 2005 WL 2493396

District Court of Appeal of Florida | Filed: Oct 11, 2005 | Docket: 64840652

Published

However, the temporary disability award under section 440.15, Florida Statutes, pertains to compensation

Hillsborough County School Bd. v. Ward

913 So. 2d 39, 2005 Fla. App. LEXIS 14870, 2005 WL 2313623

District Court of Appeal of Florida | Filed: Sep 23, 2005 | Docket: 1698239

Published

had the burden of establishing, pursuant to section 440.15(1)(e), Florida Statutes, that claimant would

Brevard County School Board v. Hopkins

911 So. 2d 859, 2005 Fla. App. LEXIS 14872, 2005 WL 2313668

District Court of Appeal of Florida | Filed: Sep 23, 2005 | Docket: 64840508

Published

has received 104 weeks of temporary benefits. § 440.15(2)(a), (4)(b), Fla. Stat. (Supp.1998).

United Rentals, Inc. v. Parrish

907 So. 2d 1257, 2005 Fla. App. LEXIS 11844, 2005 WL 1789121

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 64839759

Published

maximum medical improvement constituted error. See § 440.15(2)(a), Fla. Stat.; Orange County Sch. Bd. v. Melman

Elder v. West Boca Medical Center

904 So. 2d 637, 2005 Fla. App. LEXIS 9737, 2005 WL 1467333

District Court of Appeal of Florida | Filed: Jun 23, 2005 | Docket: 64839081

Published

proof in permanent total disability claims. See § 440.15(1)(b), Fla. Stat. (2001) (“Only a catastrophic

Orange County Corrections v. Summers

870 So. 2d 952, 2004 Fla. App. LEXIS 5651, 2004 WL 875524

District Court of Appeal of Florida | Filed: Apr 26, 2004 | Docket: 64829917

Published

temporary partial disability benefits pursuant to section 440.15(4)(a), Florida Statutes (2002), which the employer

Campbell v. L & C Construction

869 So. 2d 708, 2004 Fla. App. LEXIS 4549, 2004 WL 726817

District Court of Appeal of Florida | Filed: Apr 6, 2004 | Docket: 64829193

Published

calculate the benefits at the AWW of $679.04. See § 440.15(2), Fla. Stat. PADOVANO and POLSTON, JJ„ concur

Transmed, Inc. v. Botts

867 So. 2d 577, 2004 Fla. App. LEXIS 2664, 2004 WL 393230

District Court of Appeal of Florida | Filed: Mar 4, 2004 | Docket: 64828651

Published

authorization also has not been contested. . Former section 440.15(3)(b)(2), Florida Statutes (1979). Although

Duval County School Board v. Golly

867 So. 2d 491, 2004 Fla. App. LEXIS 1967, 2004 WL 329334

District Court of Appeal of Florida | Filed: Feb 24, 2004 | Docket: 64828620

Published

liberally in favor of either employee or employer. § 440.015, Fla Stat. (1999). The JCC in the present ease

City of Hollywood v. Cappozzia

866 So. 2d 766, 2004 Fla. App. LEXIS 1802, 2004 WL 306003

District Court of Appeal of Florida | Filed: Feb 19, 2004 | Docket: 64828365

Published

granting temporary disability benefits under section 440.15(4), Florida Statutes (1995), as well as penalties

Infinger Transportation Co. v. Johnson

863 So. 2d 1275, 2004 Fla. App. LEXIS 878, 2004 WL 136370

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 64827583

Published

disability benefits, whether payable under [section 440.15] subsection (2) or under subsection (4), to

City of Miami v. Arostegui

864 So. 2d 508, 2004 Fla. App. LEXIS 55, 2004 WL 34544

District Court of Appeal of Florida | Filed: Jan 8, 2004 | Docket: 64827645

Published

for the payment of supplemental benefits. See § 440.15(l)(e), Fla. Stat. (1975); Platt v. R.C. Prop.

James v. ARMSTRONG WORLD INDUSTRIES, INC.

864 So. 2d 1132, 2003 WL 23094733

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1426063

Published

legislative intent as currently stated in section 440.015, Florida Statutes (2002), which is "to assure

Goodwill Industries of Central Florida v. Heard

863 So. 2d 389, 2003 Fla. App. LEXIS 19555, 2003 WL 23008804

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 64827471

Published

“gainful employment” as that term is used in section 440.15(l)(b), Florida Statutes. Reasonable job modification

Raymond James & Associates v. Smith

860 So. 2d 1081, 2003 Fla. App. LEXIS 18787, 2003 WL 22909169

District Court of Appeal of Florida | Filed: Dec 11, 2003 | Docket: 64826757

Published

benefits in addition to her PTD benefits. See, § 440.15(l)(f)l, Fla. Stat. (1997). 7. However, the employer/carrier

Begyn v. State Business & Professional Regulations

849 So. 2d 336, 2003 Fla. App. LEXIS 5243, 2003 WL 1872408

District Court of Appeal of Florida | Filed: Apr 15, 2003 | Docket: 64823931

Published

the worker’s return to gainful reemployment.” § 440.015, Fla. Stat. (1997). That express legislative purpose

Protegrity Services, Inc. v. Kourtakis

827 So. 2d 359, 2002 Fla. App. LEXIS 14295, 2002 WL 31203613

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 64817897

Published

amount of temporary benefits allowed under section 440.15 and thereafter sought additional indemnity

Moore v. Hillsborough County School Board

832 So. 2d 134, 2002 Fla. App. LEXIS 14305, 2002 WL 31202141

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 64819430

Published

because she voluntarily limited her income. Under section 440.15(3)(a)3., Florida Statutes (Supp.1994), “[a]n

Bober v. Conditioning

826 So. 2d 487

District Court of Appeal of Florida | Filed: Sep 20, 2002 | Docket: 64817655

Published

benefits he was due pursuant to Florida Statutes section 440.15, which imposes a maximum of 104 weeks of temporary

Pospisil v. Osmond Lincoln Mercury

820 So. 2d 1076, 2002 Fla. App. LEXIS 9916, 2002 WL 1539610

District Court of Appeal of Florida | Filed: Jul 16, 2002 | Docket: 64816336

Published

of temporary benefits, whichever occurs earlier § 440.15(3)(a)3, Fla. Stat. (1997). Here, it is undisputed

Integrated Administrators v. Sackett

799 So. 2d 448, 2001 Fla. App. LEXIS 16258, 2001 WL 1450718

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 64810030

Published

on temporary indemnity benefits set forth in section 440.15(2), Fla. Stat. (Supp.1996). The JCC erred in

Foster v. E G & G Florida, Inc.

795 So. 2d 151, 2001 Fla. App. LEXIS 12427, 2001 WL 1001244

District Court of Appeal of Florida | Filed: Sep 4, 2001 | Docket: 64808761

Published

on temporary disability benefits. See generally § 440.15(2)(a) & (4)(b), Fla. Stat. (1997); Okeechobee

Haynes v. World Color Press

794 So. 2d 674, 2001 Fla. App. LEXIS 11399, 2001 WL 910101

District Court of Appeal of Florida | Filed: Aug 14, 2001 | Docket: 64808445

Published

injured worker or the rights of the employer,” section 440.015, Florida Statutes (1997), the same section

Burgess v. Wal-Mart Store 6020

789 So. 2d 1238, 2001 Fla. App. LEXIS 10378, 2001 WL 838200

District Court of Appeal of Florida | Filed: Jul 26, 2001 | Docket: 64806965

Published

intent of our workers’ compensation law. See § 440.015, Fla. Stat. (1995) (“It is the intent of the Legislature

Florida Department of Labor & Employment Security v. Boise Cascade Corp.

790 So. 2d 1092, 26 Fla. L. Weekly Supp. 494, 2001 Fla. LEXIS 1397, 2001 WL 776570

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 64807232

Published

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

Capps v. Buena Vista Construction Co.

786 So. 2d 71, 2001 Fla. App. LEXIS 7033, 2001 WL 530539

District Court of Appeal of Florida | Filed: May 21, 2001 | Docket: 64805668

Published

Although the Florida Legislature has stated in section 440.015, Florida Statutes (Supp. 1990), that "the facts

Eckert v. Publix Supermarkets, Inc.

783 So. 2d 1187, 2001 Fla. App. LEXIS 5561, 2001 WL 420597

District Court of Appeal of Florida | Filed: Apr 26, 2001 | Docket: 64805092

Published

re-employment assessment as authorized pursuant to F.S. 440.15(l)(e)l and further that should the Claimant willfully

Ford v. Conklin

781 So. 2d 1070, 26 Fla. L. Weekly Supp. 98, 2001 Fla. LEXIS 334, 2001 WL 169614

Supreme Court of Florida | Filed: Feb 22, 2001 | Docket: 64804621

Published

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

Florida Department of Transportation v. Hogan

780 So. 2d 905, 26 Fla. L. Weekly Supp. 98, 2001 Fla. LEXIS 332, 2001 WL 169612

Supreme Court of Florida | Filed: Feb 22, 2001 | Docket: 64804409

Published

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

Florida HRS District II v. Pickard

779 So. 2d 266, 26 Fla. L. Weekly Supp. 84, 2001 Fla. LEXIS 324, 2001 WL 123935

Supreme Court of Florida | Filed: Feb 15, 2001 | Docket: 64804067

Published

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

State, Department of Labor & Employment Security v. McGrath

774 So. 2d 791, 2000 Fla. App. LEXIS 16332, 2000 WL 1839204

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 64802752

Published

initially includes supplemental benefits paid under section 440.15(l)(e)(l), Florida Statutes (1985), the employer/carrier

Amendments to the Florida Rules of Workers' Compensation Procedure

795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988

Published

per week. = (Q Impairment benefits due under section 440,15(3)(a),-Florida-Statutes-(-l-97-9)-or (1990)

Amendments to the Florida Rules of Workers' Compensation Procedure

795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988

Published

per week. = (Q Impairment benefits due under section 440,15(3)(a),-Florida-Statutes-(-l-97-9)-or (1990)

Walt Disney World Co. v. McCrea

754 So. 2d 196, 2000 Fla. App. LEXIS 4485, 2000 WL 380217

District Court of Appeal of Florida | Filed: Apr 17, 2000 | Docket: 64796165

Published

the E/SI, which we are not permitted to do. See § 440.015, Fla. Stat. (1997) (“[T]he laws pertaining to

Irving v. Ametek, Inc.

756 So. 2d 1045, 2000 Fla. App. LEXIS 4194, 2000 WL 353479

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 64797037

Published

disability, impairment, anomaly, or disease.” § 440.15(5)(a), Fla. Stat. (1995). Since, as the majority

Florida Department of Transportation v. Johns

755 So. 2d 603, 25 Fla. L. Weekly Supp. 49, 2000 Fla. LEXIS 64, 2000 WL 38938

Supreme Court of Florida | Filed: Jan 20, 2000 | Docket: 64796717

Published

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

Cope v. Electro-Protective Corp.

737 So. 2d 650, 1999 Fla. App. LEXIS 10574, 1999 WL 569561

District Court of Appeal of Florida | Filed: Aug 5, 1999 | Docket: 64789493

Published

the employer/carrier to annually recalculate the § 440.15(9), Fla. Stat. (1987), offset upon eligibility

Conklin v. Ford

737 So. 2d 602, 1999 WL 496203

District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 1709617

Published

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

Office Depot, Inc. v. Sweikata

737 So. 2d 1189, 1999 Fla. App. LEXIS 9519, 1999 WL 497876

District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 64789648

Published

this case. In Oswald, we concluded that under section 440.15(4)(b), Florida Statutes (Supp.1994), a claimant

Flowers v. Above-All-Roofing, Inc.

737 So. 2d 594, 1999 Fla. App. LEXIS 8656, 1999 WL 435197

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 64789452

Published

vocational evaluation of the claimant pursuant to section 440.15(l)(e) and section 440.491, Florida Statutes

Sarakoff v. Broward County School Board

736 So. 2d 1232, 1999 Fla. App. LEXIS 8333, 1999 WL 414256

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 64789378

Published

The court in Merritt explained that under section 440.15(10), the set-off for social security benefits

Department of Transportation v. Hogan

777 So. 2d 976, 1999 Fla. App. LEXIS 8278, 1999 WL 410328

District Court of Appeal of Florida | Filed: Jun 22, 1999 | Docket: 64803575

Published

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

Elite Tile & Marble v. Burnett

731 So. 2d 725, 1999 Fla. App. LEXIS 3390, 1999 WL 152461

District Court of Appeal of Florida | Filed: Mar 23, 1999 | Docket: 64787979

Published

to the actual limitation of the offset under section 440.15(9)(a)”), and Brown v. L.P. Sanitation, 689

Dixie v. Campbell

732 So. 2d 393, 1999 Fla. App. LEXIS 3317, 1999 WL 147319

District Court of Appeal of Florida | Filed: Mar 19, 1999 | Docket: 64788149

Published

permanently and totally disabled pursuant to section 440.15(l)(b) and section 440.02(34)(f), Florida Statutes

Wal-Mart Store 0649 v. Kirksey

728 So. 2d 268, 1999 Fla. App. LEXIS 816, 1999 WL 35543

District Court of Appeal of Florida | Filed: Jan 29, 1999 | Docket: 64786768

Published

request an independent medical examiner under section 440.15(5)(a), if she objects to the decision of the

McClung-Gagne v. HARBOUR CITY VOLUNTEER

721 So. 2d 799, 1998 Fla. App. LEXIS 15613, 1998 WL 852301

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1323373

Published

was acting as a governmental entity. [3] Section 440.015, Florida Statutes (1991), provides that "the

Power Plant Maintenance v. Mercado

720 So. 2d 298, 1998 Fla. App. LEXIS 14168, 1998 WL 777065

District Court of Appeal of Florida | Filed: Nov 10, 1998 | Docket: 64784110

Published

during his periods of incarceration. Under section 440.15(9), Florida Statutes (1995), if an employee

Velasquez v. Malaja Construction, Inc.

720 So. 2d 302, 1998 Fla. App. LEXIS 14165, 1998 WL 777058

District Court of Appeal of Florida | Filed: Nov 10, 1998 | Docket: 64784112

Published

weeks for each percentage point of impairment.” § 440.15(3)(a)3.a., Fla. Stat. (1995). At issue as a factual

Highlands County School Board v. Carrasquillo

742 So. 2d 299, 1998 Fla. App. LEXIS 12456, 1998 WL 689740

District Court of Appeal of Florida | Filed: Oct 7, 1998 | Docket: 64791357

Published

with the social security offset provided in section 440.15(9), Florida Statutes (1983), beginning in November

Gacita v. Holiday Inn

734 So. 2d 1049, 1998 Fla. App. LEXIS 12441, 1998 WL 689882

District Court of Appeal of Florida | Filed: Oct 7, 1998 | Docket: 64788707

Published

BOOTH and VAN NORTWICK, JJ., concur. . Under section 440.15(3)(b)(2), Florida Statutes (1993), claimants

Polk County School Board v. Santana

718 So. 2d 932, 1998 Fla. App. LEXIS 12746, 1998 WL 681306

District Court of Appeal of Florida | Filed: Oct 5, 1998 | Docket: 64783417

Published

claimant quit the security guard position. Section 440.15(l)(b), Florida Statutes (Supp.1994) states:

State, Department of Labor & Employment Security v. Boise Cascade Corp.

795 So. 2d 967, 1998 Fla. App. LEXIS 11518, 1998 WL 597860

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 64808990

Published

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

Rowe v. City of Clearwater

755 So. 2d 137, 1998 Fla. App. LEXIS 11408, 1998 WL 568072

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 64796574

Published

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

Hahn v. City of Clearwater

755 So. 2d 137, 1998 Fla. App. LEXIS 11411, 1998 WL 568303

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 64796573

Published

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

Fullwell Products v. Ferguson

714 So. 2d 1059, 1998 Fla. App. LEXIS 6571, 1998 WL 299478

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 64781949

Published

was not suitable for Claimant. Pursuant to section 440.15(7), Florida Statutes (Supp.1994), Claimant

D.K. Network, Inc. v. Biasi

706 So. 2d 946, 1998 Fla. App. LEXIS 2485, 1998 WL 106962

District Court of Appeal of Florida | Filed: Mar 13, 1998 | Docket: 64779315

Published

grant Employer/Carrier an offset, pursuant to section 440.15(4), Florida Statutes (1994), for Claimant’s

Associated Industries Insurance v. Federal Insurance Co.

707 So. 2d 880, 1998 Fla. App. LEXIS 2143, 1998 WL 93940

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 64779704

Published

Hem-ley’s workers’ compensation benefits. “Although Section 440.15(5)(a) bars apportionment of temporary disability

Brown v. Nesco Service Co.

701 So. 2d 427, 1997 Fla. App. LEXIS 12772, 1997 WL 705651

District Court of Appeal of Florida | Filed: Nov 14, 1997 | Docket: 64776747

Published

payments effective May 27, 1996, notwithstanding section 440.15(9), Florida Statutes (1995), which provides

Orange County Sheriff's Office v. Steib

701 So. 2d 117, 1997 Fla. App. LEXIS 12234, 1997 WL 672501

District Court of Appeal of Florida | Filed: Oct 30, 1997 | Docket: 64776436

Published

appellee’s claim for “full pay status” pursuant to section 440.15(12), Florida Statutes (1995). See Williams

Winn Dixie Stores, Inc. v. La Torre

702 So. 2d 1267, 1997 Fla. App. LEXIS 10001, 1997 WL 525221

District Court of Appeal of Florida | Filed: Aug 26, 1997 | Docket: 64777378

Published

1997)(emphasis supplied). More restrictively, section 440.15(4)(b), Florida Statutes (1991), provides that

Patterson v. Union Correctional Institution

697 So. 2d 993, 1997 Fla. App. LEXIS 9029, 1997 WL 441907

District Court of Appeal of Florida | Filed: Aug 7, 1997 | Docket: 64775323

Published

this appeal is the proper interpretation of section 440.15(3)(b)l., Florida Statutes (1993), which states

Bishop v. Baldwin Acoustical & Drywall

696 So. 2d 507, 1997 Fla. App. LEXIS 7716, 1997 WL 369754

District Court of Appeal of Florida | Filed: Jul 7, 1997 | Docket: 64774747

Published

couches it from a “anatomical standpoint.” Section 440.15(l)(b), Florida Statutes, in pertinent parts

Consultants & Designers v. Brown

697 So. 2d 1228, 1997 Fla. App. LEXIS 7254, 1997 WL 352893

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 64775361

Published

from the hospital through April 16, 1992. See § 440.15(4)(a), Fla.Stat. (1991) (“In ease of temporary

Harris Corp. v. Gary

695 So. 2d 800, 1997 Fla. App. LEXIS 5125, 1997 WL 243423

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64774303

Published

to permanent total disability benefits under section 440.15(l)(b), Florida Statutes (Supp.1994), we affirm

Department of HRS/Juvenile Justice v. Sickinger

693 So. 2d 128, 1997 Fla. App. LEXIS 5001, 1997 WL 240920

District Court of Appeal of Florida | Filed: May 13, 1997 | Docket: 64773347

Published

appellee’s claim for “full-pay status” pursuant to section 440.15(11), Florida Statutes (1993). See Williams

Department of HRS/Juvenile Justice v. Sickinger

693 So. 2d 128, 1997 Fla. App. LEXIS 5001, 1997 WL 240920

District Court of Appeal of Florida | Filed: May 13, 1997 | Docket: 64773347

Published

appellee’s claim for “full-pay status” pursuant to section 440.15(11), Florida Statutes (1993). See Williams

Department of Juvenile Justice v. Rivera

693 So. 2d 128, 1997 Fla. App. LEXIS 4995, 1997 WL 240929

District Court of Appeal of Florida | Filed: May 13, 1997 | Docket: 64773346

Published

appellee’s claim for “full-pay status” pursuant to section 440.15(11), Florida Statutes (1991). See Williams

Gusmano v. J & A Associates

692 So. 2d 993, 1997 Fla. App. LEXIS 4885, 1997 WL 222395

District Court of Appeal of Florida | Filed: May 6, 1997 | Docket: 64773125

Published

would be entitled to a set-off under former section 440.15(4)(b)(1985), because the employee was voluntarily

Bonifay Manufacturing Co. v. Harris

691 So. 2d 1170, 1997 Fla. App. LEXIS 4007, 1997 WL 186280

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 64772550

Published

Security Disability (SSD) benefits pursuant to section 440.15(l)(£)2.b., Florida Statutes (1994). The JCC

Murphy v. Northeast Drywall

692 So. 2d 918, 1997 Fla. App. LEXIS 2731, 1997 WL 131605

District Court of Appeal of Florida | Filed: Mar 25, 1997 | Docket: 64773083

Published

PI for injuries occurring after June 30, 1990.6 § 440.15(3)(b)(4), Fla.Stat. (1993). For example, one who

Santiesteban v. Okeelanta Corp.

688 So. 2d 1, 1997 Fla. App. LEXIS 1361, 1997 WL 68047

District Court of Appeal of Florida | Filed: Feb 20, 1997 | Docket: 64771177

Published

eligibility schedule [for wage loss] under section 440.15(3)(b)4.d. applies only as a cumulative limitation

Owen Steel Co. v. Robinson

687 So. 2d 352, 1997 Fla. App. LEXIS 937, 1997 WL 49371

District Court of Appeal of Florida | Filed: Feb 10, 1997 | Docket: 64770693

Published

file the wage loss request forms required by section 440.15(3)(b)2, Florida Statutes, and Rule 38F3.017(1)

National Linen Service v. Tolliver

686 So. 2d 797, 1997 Fla. App. LEXIS 259, 1997 WL 26475

District Court of Appeal of Florida | Filed: Jan 27, 1997 | Docket: 64770472

Published

enacted such a “reverse offset” statute in section 440.15(10), Florida Statutes (Supp. *7981996), but

Barnett Bank of Volusia County v. Pelle

684 So. 2d 311, 1996 Fla. App. LEXIS 13592, 1996 WL 720577

District Court of Appeal of Florida | Filed: Dec 17, 1996 | Docket: 64769573

Published

pursuant to section 440.15(l)(e), Florida Statutes (Supp.1994). The JCC determined that section 440.15(l)(e)

Donahue v. CTL Distribution

682 So. 2d 1218, 1996 Fla. App. LEXIS 12123, 1996 WL 670470

District Court of Appeal of Florida | Filed: Nov 19, 1996 | Docket: 64769024

Published

deemed earnings provision). Because nothing in section 440.15(3)(b), Florida Statutes (Supp.1988), or the

Ago

Florida Attorney General Reports | Filed: Sep 30, 1996 | Docket: 3256820

Published

2 Section 440.11(1), Fla. Stat. (1995). 3 Section 440.015, Fla. Stat. (1995). 4 Section 440.44, Fla.

Clay Hyder Trucking v. Locke

675 So. 2d 1034, 1996 Fla. App. LEXIS 6905, 1996 WL 364755

District Court of Appeal of Florida | Filed: Jul 2, 1996 | Docket: 64765531

Published

Compensation Claims for proceedings in accordance with § 440.15(1)(f)2.b., Florida Statutes (1994). See Ace Disposal

Cramer v. Broedell Plumbing Supply

675 So. 2d 118, 21 Fla. L. Weekly Supp. 257, 1996 Fla. LEXIS 1008, 1996 WL 325103

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 64765237

Published

wherein the district court certified: Whether section [440.15(3)(b)4.d.], Florida Statutes (1991), is subject

Irwin Yacht & Marine Corp. v. Piernik

675 So. 2d 975, 1996 Fla. App. LEXIS 5478, 1996 WL 278833

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 64765512

Published

subject to social security offset pursuant to section 440.15(9)(a), Florida Statutes (1987). E/C contend

Cotoia v. Days Inn West

673 So. 2d 971, 1996 Fla. App. LEXIS 5459, 1996 WL 277070

District Court of Appeal of Florida | Filed: May 28, 1996 | Docket: 64764747

Published

1st DCA 1995) (“[T]he judge properly applied section 440.15(3)(b)4.d. as a cumulative limitation on eligibility

In re Amendments to the Florida Rules of Workers' Compensation Procedure

674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

Temporary total disability benefits, under section 440.15(2)(b), Florida Statutes (1979) or (1990) (circle

Hood v. Pinellas County School Board

674 So. 2d 816, 1996 Fla. App. LEXIS 5551, 1996 WL 241574

District Court of Appeal of Florida | Filed: May 13, 1996 | Docket: 64765043

Published

forms did not meet the specific requirements of section 440.15(3)(b), Florida Statutes (1990 Supp.). The JCC

Emro Marketing v. Jones

671 So. 2d 237, 1996 Fla. App. LEXIS 3515, 1996 WL 160791

District Court of Appeal of Florida | Filed: Apr 9, 1996 | Docket: 64763705

Published

application of the “deemed earnings” provision of section 440.15(4)(b), Florida Statutes (1991). If the JCC

Crowder v. Jacksonville Transit Authority

669 So. 2d 1101, 1996 Fla. App. LEXIS 2578, 21 Fla. L. Weekly Fed. D 684

District Court of Appeal of Florida | Filed: Mar 19, 1996 | Docket: 64763213

Published

the prior accident liable for these benefits. Section 440.15(3)(b), Florida Statutes (1989), conditions

Roberson v. Winn Dixie Stores, Inc.

669 So. 2d 294, 1996 Fla. App. LEXIS 1480, 1996 WL 71127

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762856

Published

52 weeks of eligibility for wage loss benefits. § 440.15(3)(b)4.d.(II), Pla.Stat. (1991). The carrier paid

Brett v. Publix Supermarkets, Inc.

668 So. 2d 664, 1996 Fla. App. LEXIS 1556, 1996 WL 72194

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762629

Published

workers’ compensation case the judge applied section 440.15(3)(b)4.d(II), Florida Statutes (1991), as limiting

Boles v. West Orange Paint & Body

667 So. 2d 951, 1996 Fla. App. LEXIS 1012, 1996 WL 55688

District Court of Appeal of Florida | Filed: Feb 13, 1996 | Docket: 64762223

Published

disabled because of his industrial accident. Section 440.15(l)(b), Florida Statutes, provides, in pertinent

Seibels Bruce v. Elkins

661 So. 2d 404, 1995 Fla. App. LEXIS 10918, 1995 WL 607762

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 64759247

Published

employer/earrier (E/C) may not take an offset pursuant to section 440.15(9)(a), Florida Statutes, for social security

Sanchez v. Howard Johnson

661 So. 2d 379, 1995 Fla. App. LEXIS 10648, 1995 WL 597427

District Court of Appeal of Florida | Filed: Oct 12, 1995 | Docket: 64759240

Published

of a job search to avoid the obligation in section 440.15(3)(b)(2).” Mac Papers, Inc. v. Cruz, 658 So

Cramer v. Brodell Plumbing Co.

661 So. 2d 122, 1995 Fla. App. LEXIS 10471, 1995 WL 581596

District Court of Appeal of Florida | Filed: Oct 5, 1995 | Docket: 64759181

Published

496997] (Fla. 1st DCA Aug. 23, 1995):' WHETHER SECTION 440.15(3)(B)4.D, FLORIDA STATUTES (1991), IS SUBJECT

Zyak v. Wendy's

659 So. 2d 1299, 1995 Fla. App. LEXIS 9317, 1995 WL 518799

District Court of Appeal of Florida | Filed: Sep 5, 1995 | Docket: 64758573

Published

denied for periods after the effective date of section 440.15(3)(b)2, Florida Statutes (Supp.1990), due to

Merritt Manor Nursing Home v. Caldwell

667 So. 2d 265, 1995 Fla. App. LEXIS 9170, 1995 WL 511600

District Court of Appeal of Florida | Filed: Aug 31, 1995 | Docket: 64761934

Published

injury pursuant to section 440.15(l)(b), Florida Statutes (Supp.1994). Under section 440.15(l)(b), Florida

Barry v. Burdines

667 So. 2d 241, 4 Am. Disabilities Cas. (BNA) 1503, 1995 Fla. App. LEXIS 8855, 1995 WL 496997

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64761926

Published

benefits in excess of the 78 weeks allowed under section 440.15(3)(b)4.d.(III), Florida Statutes (1991). The

Grice v. Escambia County Sheriff's Department

658 So. 2d 1208, 1995 Fla. App. LEXIS 8557, 1995 WL 478263

District Court of Appeal of Florida | Filed: Aug 15, 1995 | Docket: 64758166

Published

to social security benefits was provided by Section 440.15(9)(a), Florida Statutes. The JCC acknowledged

Winn Dixie v. Robinson

657 So. 2d 64, 1995 Fla. App. LEXIS 7348, 1995 WL 405273

District Court of Appeal of Florida | Filed: Jul 11, 1995 | Docket: 64757523

Published

loss benefits had not terminated pursuant to section 440.15(3)(b)3.a., Florida Statutes (1987). We agree

Winn Dixie v. Ross

654 So. 2d 637, 1995 Fla. App. LEXIS 4988, 1995 WL 264044

District Court of Appeal of Florida | Filed: May 9, 1995 | Docket: 64756105

Published

upon the degree of permanent impairment, see section 440.15(3)(b)4.d. (Supp.1990), this change in accident

Costanzo v. Pik n' Run 4

654 So. 2d 588, 1995 Fla. App. LEXIS 4172, 1995 WL 232505

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 64756086

Published

were entitled to deemed earnings pursuant to section 440.15(3)(b)5., Florida Statutes. This defense was

De Russo v. City of Fort Lauderdale

652 So. 2d 1207, 1995 Fla. App. LEXIS 3189, 20 Fla. L. Weekly Fed. D 794

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 64755314

Published

only eligible for fifty-two weeks of WL benefits. § 440.15(3)(b)4d(II), Fla.Stat. (Supp.1990). De Russo also

Atlantic Sugar Ass'n v. Raga

652 So. 2d 508, 1995 Fla. App. LEXIS 3187, 1995 WL 132332

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 64755160

Published

wage-loss forms were not timely submitted under section 440.15(3)(b)2, Florida Statutes (1991). We reverse

Woodbury v. Southland Corp.

652 So. 2d 467, 1995 Fla. App. LEXIS 2977, 1995 WL 121492

District Court of Appeal of Florida | Filed: Mar 23, 1995 | Docket: 64755148

Published

compensable accident; that the 1990 amendments to section 440.15, Florida Statutes, precluded an award of permanent

Alpizar v. Total Image Beauty Salon

650 So. 2d 109, 1995 Fla. App. LEXIS 575, 1995 WL 33532

District Court of Appeal of Florida | Filed: Jan 31, 1995 | Docket: 64754166

Published

440. The applicable statutory provision is Section 440.15(4), Florida Statutes (1991), which provides

Almeida v. Longleaf Forest Products

648 So. 2d 1235, 1995 Fla. App. LEXIS 191, 1995 WL 16819

District Court of Appeal of Florida | Filed: Jan 19, 1995 | Docket: 64753641

Published

attributable to a work related physical limitation. § 440.15(3)(b) and (4)(a), Florida Statutes (1987); Church’s

Brown v. Jupiter Hospital

648 So. 2d 313, 1995 Fla. App. LEXIS 75, 1995 WL 6414

District Court of Appeal of Florida | Filed: Jan 10, 1995 | Docket: 64753270

Published

not submitted within the 14-day time limit of section 440.15(3)(b)2., Florida Statutes (Supp.1990). Brown

Van Doran v. Pope Co.

657 So. 2d 1183, 1995 Fla. App. LEXIS 22, 1995 WL 1522

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 64757836

Published

the claimant made timely wage loss requests. Section 440.15(3)(b)2, Florida Statutes (1991), provides that

Torres v. Smithkline Beecham Co.

659 So. 2d 327, 1995 WL 1530

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 2359524

Published

claim arises under the wage loss provision in section 440.15(3)(b)1 of the 1989 Worker's Compensation Law

Avanti Press, Inc. v. Corrales

645 So. 2d 1100, 1994 Fla. App. LEXIS 11521, 1994 WL 668182

District Court of Appeal of Florida | Filed: Dec 1, 1994 | Docket: 64752367

Published

Disability benefits. I base this finding on F.S. § 440.15(2) as the claimant was unable to work as a result

McCabe v. Bechtel Power Corp.

645 So. 2d 1065, 1994 Fla. App. LEXIS 11152, 1994 WL 645486

District Court of Appeal of Florida | Filed: Nov 18, 1994 | Docket: 64752351

Published

of the “deemed earning ability” provision, section 440.15(4)(b), Florida Statutes, in regard to the claim

Smith v. Crest Products

643 So. 2d 672, 1994 Fla. App. LEXIS 9662, 1994 WL 549486

District Court of Appeal of Florida | Filed: Oct 11, 1994 | Docket: 64751427

Published

of compensation claims erroneously applied section 440.15(3)(b)5., Florida Statutes (Supp.1990), to bar

Smith v. Distribution

643 So. 2d 66, 1994 Fla. App. LEXIS 9330, 1994 WL 525509

District Court of Appeal of Florida | Filed: Sep 29, 1994 | Docket: 64751226

Published

engages a helper for unloading and lifting. Section 440.15(3)(b)l, Florida Statutes (1989), conditions

Imperial Electric, Inc. v. Reeves

647 So. 2d 199, 1994 Fla. App. LEXIS 7073, 1994 WL 372937

District Court of Appeal of Florida | Filed: Jul 19, 1994 | Docket: 64752902

Published

uninterruptedly due to physical limitation. See § 440.15(1)(b), Fla.Stat. (1989), and Seligman & Latz,

Ogden Allied Services v. Bryant

647 So. 2d 195, 1994 Fla. App. LEXIS 7063, 1994 WL 372929

District Court of Appeal of Florida | Filed: Jul 19, 1994 | Docket: 64752901

Published

all medical care arising from this condition. § 440.15(5)(a), Fla.Stat. (1987); Haas, supra; Cf. Vanguard

Gates Energy Products v. Wheeler

637 So. 2d 1000, 1994 Fla. App. LEXIS 5560, 1994 WL 244525

District Court of Appeal of Florida | Filed: Jun 8, 1994 | Docket: 64748861

Published

of his usual or other appropriate employment.” § 440.-15(3)(b), Fla.Stat. (1989). The schedules required

Department of Labor & Employment Security, Division of Workers' Compensation v. Bradley

636 So. 2d 802, 1994 Fla. App. LEXIS 4048

District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 64748298

Published

compensation law at issue here is set forth in section 440.015, Florida Statutes3, which states in relevant

Fairchild Aircraft v. Raybon

634 So. 2d 801, 1994 Fla. App. LEXIS 3214, 1994 WL 113638

District Court of Appeal of Florida | Filed: Apr 7, 1994 | Docket: 64747424

Published

disagree. According to the controlling language of section 440.15, unchanged by the 1989 amendments, PTD “shall

J.J. Cater Furniture Co. v. Walker

634 So. 2d 285, 1994 Fla. App. LEXIS 3054, 1994 WL 106113

District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 64747151

Published

total disability supplemental benefits under section 440.15(l)(e)l, Florida Statutes. After mistakenly

Weiss v. City of Tampa Police Department

632 So. 2d 129, 1994 Fla. App. LEXIS 788, 1994 WL 33774

District Court of Appeal of Florida | Filed: Feb 9, 1994 | Docket: 64746454

Published

because they were barred by the provisions of section 440.15(3)(b)4.a., Florida Statutes,1 which terminates

James Lewis Drywall v. Davis

627 So. 2d 1302, 1993 Fla. App. LEXIS 12169, 1993 WL 504452

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 64744674

Published

patellectomy constitutes an “amputation” under section 440.15(3)(a), Florida Statutes (1987).1 We conclude

Moya v. Palm Beach County School Board

627 So. 2d 1307, 1993 Fla. App. LEXIS 12171, 1993 WL 504496

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 64744678

Published

employment with 13 or 14 employers every two weeks. Section 440.15(3)(b)(3), Florida Statutes (1989), does not

Coplin v. State, Department of Health & Rehabilitative Services

627 So. 2d 1282, 1993 Fla. App. LEXIS 12130, 1993 WL 502612

District Court of Appeal of Florida | Filed: Dec 9, 1993 | Docket: 64744667

Published

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

City of Orlando v. Wilkinson

624 So. 2d 799, 1993 Fla. App. LEXIS 9531, 1993 WL 380131

District Court of Appeal of Florida | Filed: Sep 27, 1993 | Docket: 64743091

Published

to Harold Wilkinson (claimant), pursuant to section 440.15(5)(c), Florida Statutes (1987). The E/SA argue

Wood v. Dort

625 So. 2d 42, 1993 Fla. App. LEXIS 9469, 1993 WL 366878

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 64743298

Published

appellants to pay supplemental PTD benefits under section 440.15(l)(e), Florida Statutes. The relevant facts

WPOM Partners v. Lovell

623 So. 2d 803, 1993 Fla. App. LEXIS 8930, 1993 WL 328427

District Court of Appeal of Florida | Filed: Aug 30, 1993 | Docket: 64698529

Published

during the period of the award pursuant to section 440.15(3)(b)l, Florida Statutes (Supp.1988), was to

Braithwaite v. Department of Transportation

622 So. 2d 109, 1993 Fla. App. LEXIS 7907, 1993 WL 280381

District Court of Appeal of Florida | Filed: Jul 28, 1993 | Docket: 64698010

Published

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

Moore v. Williams Co.

622 So. 2d 120, 1993 Fla. App. LEXIS 7909, 1993 WL 281052

District Court of Appeal of Florida | Filed: Jul 28, 1993 | Docket: 64698017

Published

order in which the misrepresentation defense in section 440.15(5)(a), Florida Statutes (1991), was applied

Entenmann's Bakery v. Smith

620 So. 2d 1049, 1993 Fla. App. LEXIS 6505, 1993 WL 210584

District Court of Appeal of Florida | Filed: Jun 18, 1993 | Docket: 64697446

Published

award of temporary partial disability benefits. Section 440.15(4)(a), Florida Statutes (Supp. 1988). We affirm

Brownell v. Hillsborough County

617 So. 2d 803, 1993 Fla. App. LEXIS 4689, 18 Fla. L. Weekly Fed. D 1105

District Court of Appeal of Florida | Filed: Apr 29, 1993 | Docket: 64695886

Published

Claimant also attacks the constitutionality of section 440.15(3)(a)l, Florida Statutes (1989), both facially

Deep South Products v. Beach

616 So. 2d 156, 1993 Fla. App. LEXIS 3612, 1993 WL 88673

District Court of Appeal of Florida | Filed: Mar 30, 1993 | Docket: 64695262

Published

intoxicated (DUI), due to the operation of Section 440.-15(3)(b)(6), Florida Statutes (Supp.1990). We

Stanley Steemer International v. Prescott

615 So. 2d 211, 1993 Fla. App. LEXIS 2427, 1993 WL 55643

District Court of Appeal of Florida | Filed: Mar 4, 1993 | Docket: 64694913

Published

JCC declined to apply the subpara-graph of section 440.15(3)(b) which provides that commissions and similar

State, Department of Labor & Employment Security v. Wolfe

613 So. 2d 578, 1993 Fla. App. LEXIS 1520, 1993 WL 30649

District Court of Appeal of Florida | Filed: Feb 8, 1993 | Docket: 64693993

Published

should be avoided where possible. See Fla. Stat. § 440.015. In light of the above, it must be concluded that

Scotty's & CNA Insurance Group v. Jacoby

611 So. 2d 101, 1992 Fla. App. LEXIS 13592, 1992 WL 387470

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 64693150

Published

after October 1990, the 1990 amendment to section 440.-15(3)(b)2, Florida Statutes, controls. That amendment

S.E. Environmental Contractors, Inc. v. Cayasso

611 So. 2d 7, 1992 Fla. App. LEXIS 12809, 1992 WL 379417

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 64693115

Published

apply the 80/80 percent wage-loss formula in section 440.15(3)(b)l, Florida Statutes (1990), because the

Garcia v. Carmar Structural Inc./Feisco

605 So. 2d 1288, 1992 Fla. App. LEXIS 10346, 1992 WL 260627

District Court of Appeal of Florida | Filed: Oct 5, 1992 | Docket: 64670492

Published

are not in dispute, only the application of section 440.15(3)(b), Florida Statutes, as amended on July

City of Miami v. Tombley

605 So. 2d 895, 1992 Fla. App. LEXIS 9270, 1992 WL 206382

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 64670108

Published

of Miami, 545 So.2d 252 (Fla.1989); see also section 440.15(1), Florida Statutes (1987). Claimant testified

City of Miami v. Tombley

605 So. 2d 895, 1992 Fla. App. LEXIS 9270, 1992 WL 206382

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 64670108

Published

of Miami, 545 So.2d 252 (Fla.1989); see also section 440.15(1), Florida Statutes (1987). Claimant testified

Wohlgamuth v. Central Maintenance & Welding

600 So. 2d 514, 1992 Fla. App. LEXIS 6277, 1992 WL 126575

District Court of Appeal of Florida | Filed: Jun 11, 1992 | Docket: 64668005

Published

the benefits of deemed earnings pursuant to section 440.15(3)(b)2., Florida Statutes (1987), the judge

Aguiar v. Doral Hotel & Country Club

599 So. 2d 698, 1992 Fla. App. LEXIS 5363, 1992 WL 98577

District Court of Appeal of Florida | Filed: May 13, 1992 | Docket: 64667725

Published

weekly earnings of $623.80,” in contravention of Section 440.15(4)(a) and (b), Florida Statutes (1987). Second

City of Miami v. Jacoby

599 So. 2d 171, 1992 Fla. App. LEXIS 4833, 1992 WL 84169

District Court of Appeal of Florida | Filed: Apr 29, 1992 | Docket: 64667526

Published

the result of the compensable injury, and Section 440.-15(3)(b)(2), Florida Statutes (1983), provides

Avellino v. Pantry Pride Enterprises, Inc.

597 So. 2d 347, 1992 Fla. App. LEXIS 4286, 1992 WL 74884

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 64666755

Published

applying the deemed earnings provision in section 440.-15(3)(b), Florida Statutes (1983).1 We re*348verse

Bass v. Sarasota County Board of County Commissioners

596 So. 2d 1229, 1992 Fla. App. LEXIS 4259, 1992 WL 74963

District Court of Appeal of Florida | Filed: Apr 10, 1992 | Docket: 64666638

Published

claim for wage loss benefits on the ground that section 440.15(3)(b)3.a., Florida Statutes (1987),1 terminated

McCrory Stores/National Union v. Workman

596 So. 2d 804, 1992 Fla. App. LEXIS 4255, 1992 WL 69054

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 64666556

Published

1990 and continuing, after he had applied section 440.-15(3)(b)3.a., Florida Statutes (1985) to bar appellee’s

Hillsborough County School Board v. Special Disability Trust Fund

596 So. 2d 483, 1992 Fla. App. LEXIS 3542, 1992 WL 59219

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 64666377

Published

total disability benefits paid pursuant to section 440.15(1)(e), Florida Statutes (Supp.1984). This court

Hillsborough County School Board v. Special Disability Trust Fund

596 So. 2d 483, 1992 Fla. App. LEXIS 3542, 1992 WL 59219

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 64666377

Published

total disability benefits paid pursuant to section 440.15(1)(e), Florida Statutes (Supp.1984). This court

Special Disability Trust Fund v. Stephens

595 So. 2d 206, 1992 Fla. App. LEXIS 1857

District Court of Appeal of Florida | Filed: Feb 27, 1992 | Docket: 64665843

Published

total disability benefits paid pursuant to section 440.15(l)(e)l, Florida Statutes (Supp.1984). The two

Special Disability Trust Fund v. Stephens

595 So. 2d 206, 1992 Fla. App. LEXIS 1857

District Court of Appeal of Florida | Filed: Feb 27, 1992 | Docket: 64665843

Published

total disability benefits paid pursuant to section 440.15(l)(e)l, Florida Statutes (Supp.1984). The two

Sawyer v. Dover Cylinder Head Co.

593 So. 2d 279, 1992 Fla. App. LEXIS 500, 1992 WL 10904

District Court of Appeal of Florida | Filed: Jan 17, 1992 | Docket: 64665127

Published

potentially available pursuant to statute. See § 440.15(3)(b)3.c, Fla.Stat. (1987). Based on these calculations

Dax & Trim Development Co. v. Mullens

590 So. 2d 539, 1991 Fla. App. LEXIS 12757, 1991 WL 278995

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 64663754

Published

social security (SS) offset taken pursuant to Section 440.15(9)(a), Florida Statutes (Supp.1984), was improperly

National Advertising/3M v. Wise

590 So. 2d 1028, 1991 Fla. App. LEXIS 12515, 1991 WL 265052

District Court of Appeal of Florida | Filed: Dec 13, 1991 | Docket: 64663951

Published

substantial deviation from the provisions of section 440.15, Florida Statutes, in her calculation of average

D.C. General Contractors v. Blount

588 So. 2d 674, 1991 Fla. App. LEXIS 11388, 1991 WL 231773

District Court of Appeal of Florida | Filed: Nov 12, 1991 | Docket: 64662796

Published

awarded accrued prior to the 1988 amendment to section 440.15(3)(b)1, Florida Statutes. The judge was therefore

Sasser v. Manatee County Board of County Commissioners

587 So. 2d 583, 1991 Fla. App. LEXIS 10439, 1991 WL 204604

District Court of Appeal of Florida | Filed: Oct 8, 1991 | Docket: 64662289

Published

appellant’s claim based upon application of section 440.15(3)(b)5, Florida Statutes (1989) 1, appears

Jones v. Mark III Industries, Inc.

589 So. 2d 308, 1991 Fla. App. LEXIS 6711, 1991 WL 126675

District Court of Appeal of Florida | Filed: Jul 12, 1991 | Docket: 64663085

Published

that the JCC erred in denying benefits under Section 440.15(3)(a), Florida Statutes (1985), which provides

Dyer v. Lakeland Health Care Center

582 So. 2d 760, 1991 Fla. App. LEXIS 6721, 1991 WL 126686

District Court of Appeal of Florida | Filed: Jul 11, 1991 | Docket: 64660148

Published

569 So.2d 794, 801 (Fla. 1st DCA 1990). . Section 440.15(3)(b)2, Florida Statutes, was amended in 1990

Lawrence v. O.B. Cannon & Sons, Inc.

579 So. 2d 812, 1991 Fla. App. LEXIS 4401, 1991 WL 75559

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 64658799

Published

unnecessary to the holding, which indicated that Section 440.15(5), Florida Statutes (1979), bars apportionment

Brosnan v. Sourbeck Roofing, Inc.

578 So. 2d 460, 1991 Fla. App. LEXIS 3839, 1991 WL 59997

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 64658268

Published

earning capacity. The pertinent portion of Section 440.15(3)(b)2, Florida Statutes (1983), provides:

KAISER ALUMINUM & CHEMICAL v. Taylor

578 So. 2d 432, 1991 WL 60018

District Court of Appeal of Florida | Filed: Apr 18, 1991 | Docket: 440534

Published

from uninterruptedly performing even light work. § 440.15(1)(b), Fla. Stat. (1981). PTD may be established

Myers v. Holiday House

578 So. 2d 349, 1991 Fla. App. LEXIS 3183, 1991 WL 46833

District Court of Appeal of Florida | Filed: Apr 8, 1991 | Docket: 64658240

Published

application of deemed earnings in accordance with section 440.15(3)(b)2, Florida Statutes (Supp.1984), and we

Commercial Carrier Corp. v. Zellers

579 So. 2d 157, 1991 Fla. App. LEXIS 3182, 1991 WL 46837

District Court of Appeal of Florida | Filed: Apr 8, 1991 | Docket: 64658584

Published

impairment, as required for wage-loss benefits under section 440.15(3)(b)l, Florida Statutes. Although the appealed

Walker v. Heavy Machinery Tool & Transporters Inc.

576 So. 2d 1363, 1991 Fla. App. LEXIS 3181, 1991 WL 46854

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 64657587

Published

12% per annum from 8/16/86 until paid. Under Section 440.15(4)(b), Florida Statutes (1989), the employee

Zebley v. Stuart Nissan

576 So. 2d 851, 1991 Fla. App. LEXIS 2301, 1991 WL 35451

District Court of Appeal of Florida | Filed: Mar 18, 1991 | Docket: 64657449

Published

of a cervical disc is an “amputation” under Section 440.15(3)(a), Florida Statutes (1987). We agree with

Jerry v. Farm Stores, Inc.

576 So. 2d 405, 1991 Fla. App. LEXIS 2247, 1991 WL 35453

District Court of Appeal of Florida | Filed: Mar 18, 1991 | Docket: 64657332

Published

a “deemed earnings” basis only pursuant to Section 440.15(4)(b), Florida Statutes. The claimant argues

Standard Brands v. Coomer

575 So. 2d 1356, 1991 Fla. App. LEXIS 1932, 1991 WL 30420

District Court of Appeal of Florida | Filed: Mar 11, 1991 | Docket: 64657057

Published

judge erred in awarding wage-loss benefits. Section 440.15(3)(b)2, Florida Statutes (1989),1 provides

Ainslie v. Anco Insulation, Inc.

574 So. 2d 1132, 1991 Fla. App. LEXIS 466, 1991 WL 7119

District Court of Appeal of Florida | Filed: Jan 23, 1991 | Docket: 64656481

Published

award to the deemed earnings provisions of Section 440.15(3)(b)(2), Florida Statutes, because the judge

Platt v. R.C. Property

574 So. 2d 176, 1991 Fla. App. LEXIS 437, 1991 WL 5007

District Court of Appeal of Florida | Filed: Jan 15, 1991 | Docket: 64656308

Published

receive supplemental compensation benefits under Section 440.15(1)(e)1., Florida Statutes (1981).1 We reverse

UNIVERSITY OF MIAMI MED. SCHOOL v. Singleton

582 So. 2d 1182, 1990 WL 205437

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 1363197

Published

employer in order to qualify as `wages.'" See also § 440.15(2), Fla. Stat. (TTD based on percentage of AWW);

Christian v. Carolina Freight Carrier Corp.

571 So. 2d 524, 1990 Fla. App. LEXIS 9215, 1990 WL 197963

District Court of Appeal of Florida | Filed: Dec 10, 1990 | Docket: 64655077

Published

1988), review denied, 542 So.2d 989 (Fla.1989). Section 440.15(3)(b), Florida Statutes, in effect at the time

State, Department of Transportation v. Holloway

573 So. 2d 872, 1990 Fla. App. LEXIS 9070, 1990 WL 188969

District Court of Appeal of Florida | Filed: Dec 3, 1990 | Docket: 64656024

Published

VICTOR, (Ret.), Associate Judge, concur. . Section 440.15(3)(a)l, Florida Statutes (Supp. 1986), provides

Cheney Bros. v. Johnson

566 So. 2d 874, 1990 Fla. App. LEXIS 6755, 1990 WL 129097

District Court of Appeal of Florida | Filed: Sep 7, 1990 | Docket: 64652936

Published

of PTD benefits on: (1) the presumption in section 440.15(l)(b), Florida Statutes, of PTD in cases where

Eastern Airlines v. Kennedy

564 So. 2d 1244, 1990 Fla. App. LEXIS 5737, 1990 WL 110285

District Court of Appeal of Florida | Filed: Aug 6, 1990 | Docket: 64652026

Published

apportionment, as there was no evidence presented.” Section 440.15(5)(b), Florida Statutes (1987) provides that

Forklifts of Central Florida v. Beringer

560 So. 2d 1362, 1990 Fla. App. LEXIS 3254, 1990 WL 61938

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 64650370

Published

division of liability for permanent benefits under Section 440.15(5)(a), Florida Statutes. When dividing responsibility

Gill v. U.S. Agri-Chemicals

561 So. 2d 371, 1990 Fla. App. LEXIS 3083, 1990 WL 57801

District Court of Appeal of Florida | Filed: May 7, 1990 | Docket: 64650648

Published

application of the deemed earnings provision of section 440.15(3)(b)2. Deemed earnings principles should be

Gill v. U.S. Agri-Chemicals

561 So. 2d 371, 1990 Fla. App. LEXIS 3083, 1990 WL 57801

District Court of Appeal of Florida | Filed: May 7, 1990 | Docket: 64650648

Published

application of the deemed earnings provision of section 440.15(3)(b)2. Deemed earnings principles should be

Spaulding v. Albertson's

559 So. 2d 1249, 1990 Fla. App. LEXIS 2809, 1990 WL 43135

District Court of Appeal of Florida | Filed: Apr 12, 1990 | Docket: 64649757

Published

Applying the deemed earnings provisions of section 440.15(3)(b)2, Florida Statutes, the judge concluded

Cooper's Inc. v. Taylor

556 So. 2d 491, 1990 Fla. App. LEXIS 672, 1990 WL 7632

District Court of Appeal of Florida | Filed: Feb 2, 1990 | Docket: 64647986

Published

calculating wage-loss benefits payable under section 440.15(5)(c), Florida Statutes (1987). In cases where

Retreat Rest Home v. Porter

554 So. 2d 1198, 14 Fla. L. Weekly 2921, 1989 Fla. App. LEXIS 7098, 1989 WL 152166

District Court of Appeal of Florida | Filed: Dec 19, 1989 | Docket: 64647389

Published

her restrictions without any justification. Section 440.15(6), Fla. Stat. precludes any compensation award

Strauss v. City of Sarasota

556 So. 2d 417, 14 Fla. L. Weekly 2747, 1989 Fla. App. LEXIS 6787

District Court of Appeal of Florida | Filed: Nov 30, 1989 | Docket: 64647969

Published

received by claimant during the period as provided by § 440.15(3)(b)(l) and (2), Fla. Stat. REVERSED and REMANDED

Perini Corp. v. Licata

548 So. 2d 815, 14 Fla. L. Weekly 2103, 1989 Fla. App. LEXIS 5044, 1989 WL 104006

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 64644825

Published

calculating the amount to be awarded to claimant, section 440.15(4)(b), Florida Statutes, states that the salary

Waterman v. Interstate Truckers, Inc.

545 So. 2d 408, 14 Fla. L. Weekly 1413, 1989 Fla. App. LEXIS 3275, 1989 WL 61541

District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 64643277

Published

claimed is the result of the compensable injury. § 440.15(3)(b)2, Fla.Stat. (1985); D.L. Amici Company v

Colvin v. Colvin

544 So. 2d 269, 14 Fla. L. Weekly 1260, 1989 Fla. App. LEXIS 2814, 1989 WL 52826

District Court of Appeal of Florida | Filed: May 23, 1989 | Docket: 64642874

Published

ground that the claim was not timely under section 440.15(3)(b). We reverse and remand for a determination

T.G. Lee Foods, Inc. v. Farley

544 So. 2d 265, 14 Fla. L. Weekly 1225, 1989 Fla. App. LEXIS 2815

District Court of Appeal of Florida | Filed: May 17, 1989 | Docket: 64642873

Published

evidence to support a determination, pursuant to section 440.15(3)(b)2, Florida Statutes, that appellee’s wage

Feisco v. Powell

538 So. 2d 967, 14 Fla. L. Weekly 531, 1989 Fla. App. LEXIS 1007, 1989 WL 14546

District Court of Appeal of Florida | Filed: Feb 22, 1989 | Docket: 64640642

Published

loss. We are in agreement with the employer. Section 440.15(3)(b)(2), Florida Statutes (1985), provides:

USS Agri-Chemicals v. Waddell

537 So. 2d 111, 14 Fla. L. Weekly 44, 1989 Fla. LEXIS 36, 1989 WL 5728

Supreme Court of Florida | Filed: Jan 26, 1989 | Docket: 64639926

Published

running of the two-year period set forth in section 440.15(3)(b)3.a., Florida Statutes (1981)? Waddell

Florida State Hospital v. Heatrice

535 So. 2d 619, 13 Fla. L. Weekly 2653, 1988 Fla. App. LEXIS 5460, 1988 WL 130072

District Court of Appeal of Florida | Filed: Dec 8, 1988 | Docket: 64639246

Published

permanent impairment rating in accordance with Section 440.-15(3)(a) 1 a-b, Florida Statutes (1987). Racz

Conrad v. Engineering International, Inc.

530 So. 2d 1061, 13 Fla. L. Weekly 2111, 1988 Fla. App. LEXIS 4031, 1988 WL 92977

District Court of Appeal of Florida | Filed: Sep 8, 1988 | Docket: 64636930

Published

The briefs do not reference the mandate of Section 440.15(5)(a), Florida Statutes, against apportionment

City of Miami v. Watkins

530 So. 2d 380, 13 Fla. L. Weekly 1886, 1988 Fla. App. LEXIS 3657, 1988 WL 81955

District Court of Appeal of Florida | Filed: Aug 10, 1988 | Docket: 64636700

Published

last compensable injury here in question is section 440.-15(5)(b), Florida Statutes (1981), under which

Rios v. Fred Tietelbaum Construction

528 So. 2d 1293, 13 Fla. L. Weekly 1806, 1988 Fla. App. LEXIS 3430, 1988 WL 78719

District Court of Appeal of Florida | Filed: Aug 2, 1988 | Docket: 64636223

Published

four-month period by averaging claimant’s profits. Section 440.15(3)(b)l. See Carpenters R. V Service v. Eckert

Paradyne Corp. v. Selmer

527 So. 2d 285, 1988 WL 62160

District Court of Appeal of Florida | Filed: Jun 17, 1988 | Docket: 2548048

Published

to apply the deemed earnings provision under section 440.15(3)(b)2, Florida Statutes (1985). MILLS and

Fountain Motor Co. v. Zibrin

526 So. 2d 182, 13 Fla. L. Weekly 1332, 1988 Fla. App. LEXIS 2329, 1988 WL 55787

District Court of Appeal of Florida | Filed: Jun 3, 1988 | Docket: 64635216

Published

This subsection, read in pari materia with section 440.15(3)(a), makes plain that findings of permanent

South Florida Prestressed v. Pollock

525 So. 2d 963, 13 Fla. L. Weekly 1126, 1988 Fla. App. LEXIS 1965, 1988 WL 47243

District Court of Appeal of Florida | Filed: May 11, 1988 | Docket: 64635001

Published

erred in rejecting its argument that under section 440.15(6), Florida Statutes (1983), the claimant is

Waddell v. USS Agri-Chemicals

523 So. 2d 683, 13 Fla. L. Weekly 769, 1988 Fla. App. LEXIS 1274, 1988 WL 27804

District Court of Appeal of Florida | Filed: Mar 25, 1988 | Docket: 64634191

Published

based on the ground that the claim is barred by section 440.15(3)(b)3.a., Florida Statutes (1981), which provides

Bordo Citrus Products v. Tedder

518 So. 2d 367, 13 Fla. L. Weekly 16, 1987 Fla. App. LEXIS 11740, 1987 WL 3188

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 64631982

Published

qualify for catastrophic injury benefits under section 440.15(2)(b), Florida Statutes (1985). That section

State Department of Insurance v. Damore

517 So. 2d 84, 12 Fla. L. Weekly 2910, 1987 Fla. App. LEXIS 11726, 1987 WL 3219

District Court of Appeal of Florida | Filed: Dec 18, 1987 | Docket: 64631636

Published

of a workers’ compensation order by which a section 440.15(9)(a), Florida Statutes, compensation offset

Christilles v. H.J. Wilson Co.

513 So. 2d 208, 12 Fla. L. Weekly 2259, 1987 Fla. App. LEXIS 12179

District Court of Appeal of Florida | Filed: Sep 17, 1987 | Docket: 64629775

Published

between a claimant and an employer/carrier. See Section 440.15(5)(a), Florida Statutes; Hayward Trucking,

McNeil v. Progressive Driver Services

513 So. 2d 195, 12 Fla. L. Weekly 2214, 1987 Fla. App. LEXIS 12170

District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 64629770

Published

application of the “deemed earnings” provision, Section 440.15(3)(b)2, Florida Statutes. We find no basis

Special Disability Trust Fund v. Martin Marietta Corp.

512 So. 2d 1036, 12 Fla. L. Weekly 2130, 1987 Fla. App. LEXIS 10123

District Court of Appeal of Florida | Filed: Sep 3, 1987 | Docket: 64629599

Published

Section 3, Laws of Florida (1955), creating Section 440.15(5)(d)l, Florida Statutes (1955) (currently

Uniweld Products, Inc. v. Lopez

511 So. 2d 758, 12 Fla. L. Weekly 2099, 1987 Fla. App. LEXIS 10083

District Court of Appeal of Florida | Filed: Sep 1, 1987 | Docket: 64629020

Published

nerve damage can also be considered permanent. Section 440.15(2) contemplates that a person who suffers such

Glynn v. McKenzie Tank Lines

511 So. 2d 696, 12 Fla. L. Weekly 1979, 1987 Fla. App. LEXIS 9945

District Court of Appeal of Florida | Filed: Aug 13, 1987 | Docket: 64628988

Published

reliance on the deemed earnings provision of Section 440.-15(4)(b): In the event the employee voluntarily

North Florida Erection Co. v. Abichid

510 So. 2d 1040, 12 Fla. L. Weekly 1786, 1987 Fla. App. LEXIS 9749

District Court of Appeal of Florida | Filed: Jul 24, 1987 | Docket: 64628737

Published

assumes that supplemental benefits pursuant to section 440.15(l)(e)l, Florida Statutes, would be unaffected

Wilson v. Volusia County School Board

513 So. 2d 671, 12 Fla. L. Weekly 1630, 1987 Fla. App. LEXIS 12114

District Court of Appeal of Florida | Filed: Jul 7, 1987 | Docket: 64629932

Published

month following such voluntary limitation. Section 440.15(3)(b)2, Florida Statutes. Johnston v. Super

Aquarius Condominium Assoc. v. Ramirez

509 So. 2d 1204, 12 Fla. L. Weekly 1597, 1987 Fla. App. LEXIS 9130

District Court of Appeal of Florida | Filed: Jun 30, 1987 | Docket: 64628408

Published

total disability under the statutory standards. Section 440.15(1), Florida Statutes (1982 Supp.). The order

Aquarius Condominium Assoc. v. Ramirez

509 So. 2d 1204, 12 Fla. L. Weekly 1597, 1987 Fla. App. LEXIS 9130

District Court of Appeal of Florida | Filed: Jun 30, 1987 | Docket: 64628408

Published

total disability under the statutory standards. Section 440.15(1), Florida Statutes (1982 Supp.). The order

Occidental Chemical Co. v. Howard

508 So. 2d 466, 12 Fla. L. Weekly 1372, 1987 Fla. App. LEXIS 8491

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 64627801

Published

entitled to catastrophic loss benefits under section 440.15(2)(b), Florida Statutes (1979), because the

Division of Workers' Compensation v. Hansborough

507 So. 2d 785, 12 Fla. L. Weekly 1337, 1987 Fla. App. LEXIS 8420

District Court of Appeal of Florida | Filed: May 27, 1987 | Docket: 64627389

Published

entitlement to supplemental benefits payable under section 440.15(l)(e)l, Florida Statutes. The Division stopped

Pinellas Ambulance Service, Inc. v. Gettinger

504 So. 2d 1386, 1987 Fla. App. LEXIS 7669, 12 Fla. L. Weekly 1049

District Court of Appeal of Florida | Filed: Apr 15, 1987 | Docket: 64626222

Published

claimant was entitled to such compensation under section 440.-15(l)(b), Florida Statutes (1980), and reverse

Terhune v. North Bros. Co.

504 So. 2d 499, 12 Fla. L. Weekly 841, 1987 Fla. App. LEXIS 7306

District Court of Appeal of Florida | Filed: Mar 24, 1987 | Docket: 64626014

Published

voluntarily limit his income within the meaning of Section 440.-15(4)(b), Florida Statutes, and is entitled to

Ardmore Farms v. Smith

504 So. 2d 483, 12 Fla. L. Weekly 802, 1987 Fla. App. LEXIS 7297

District Court of Appeal of Florida | Filed: Mar 20, 1987 | Docket: 64626009

Published

(3) that the deputy erred in failing to apply section 440.15(5). We agree with appellants’ first argument

State, Department of Public Health, Division of Risk Management v. Wilcox

504 So. 2d 444, 12 Fla. L. Weekly 665, 1987 Fla. App. LEXIS 7118

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 64625992

Published

taking a social security set-off pursuant to section 440.-15(9), Florida Statutes (1985). We disagree with

Cochrane Distributing Co. v. Lewis

504 So. 2d 1291, 12 Fla. L. Weekly 928, 1987 Fla. App. LEXIS 6252

District Court of Appeal of Florida | Filed: Jan 13, 1987 | Docket: 64626207

Published

488 So.2d 831 (Fla.1986). The language of Section 440.15(l)(e)l, Florida Statutes, itself, pertaining

Javier v. Goldcoast, Inc.

501 So. 2d 61, 12 Fla. L. Weekly 259, 1987 Fla. App. LEXIS 6247

District Court of Appeal of Florida | Filed: Jan 13, 1987 | Docket: 64624387

Published

declared: As we read this plain language [of section 440.15(5)(a), Florida Statutes], it means that an

Pan American World Airways v. Maguire

499 So. 2d 878, 11 Fla. L. Weekly 2603, 1986 Fla. App. LEXIS 11395

District Court of Appeal of Florida | Filed: Dec 10, 1986 | Docket: 64623968

Published

circumstances of this case are not described in section 440.15(5), Florida Statutes, the provision covering

Reed v. Bay Con General, Inc.

496 So. 2d 963, 11 Fla. L. Weekly 2310, 1986 Fla. App. LEXIS 10417

District Court of Appeal of Florida | Filed: Oct 31, 1986 | Docket: 64622643

Published

worker must suffer “any permanent impairment.” Section 440.-15(3)(b)l, Florida Statutes. The uncontra-dicted

Doral Country Club v. Gonzalez

496 So. 2d 957, 11 Fla. L. Weekly 2297, 1986 Fla. App. LEXIS 10426

District Court of Appeal of Florida | Filed: Oct 30, 1986 | Docket: 64622639

Published

obtained work commensurate with his abilities. Section 440.15(3)(b)2 states: “In the event the employee voluntarily

Cuccarollo v. Gulf Coast Building Contractors

500 So. 2d 547, 11 Fla. L. Weekly 2158, 1986 Fla. App. LEXIS 10132

District Court of Appeal of Florida | Filed: Oct 14, 1986 | Docket: 64624243

Published

requirements to establish permanent impairment under § 440.15(3)(b)l, Fla.Stat. These findings are supported

Watson-Mahaney, Inc. v. Best

492 So. 2d 846, 11 Fla. L. Weekly 1817, 1986 Fla. App. LEXIS 9417

District Court of Appeal of Florida | Filed: Aug 18, 1986 | Docket: 64621049

Published

claimant is ineligible for wage loss benefits under § 440.-15(3)(b)3.d., Fla.Stat. (1981), and that claimant

Ivey's, Inc. v. Adams

492 So. 2d 847, 11 Fla. L. Weekly 1817, 1986 Fla. App. LEXIS 9419

District Court of Appeal of Florida | Filed: Aug 18, 1986 | Docket: 64621051

Published

unemployment compensation benefits were received. Section 440.15(10)(a), Florida Statutes. The award of costs

Murphree Bridge Corp. v. Brown

492 So. 2d 451, 11 Fla. L. Weekly 1701, 1986 Fla. App. LEXIS 9292

District Court of Appeal of Florida | Filed: Aug 6, 1986 | Docket: 64620962

Published

Wage-loss benefits, pursuant to the provisions of Section 440.15(3)(b), were designed to compensate an injured

Spinelli v. Florida Department of Commerce

490 So. 2d 1294, 11 Fla. L. Weekly 1393, 1986 Fla. App. LEXIS 8457

District Court of Appeal of Florida | Filed: Jun 20, 1986 | Docket: 64620416

Published

during a time of temporary disability since section 440.15(4) does not limit payment of temporary disability

City of Fernandina Beach v. School Board of Nassau County

488 So. 2d 871, 11 Fla. L. Weekly 1103, 1986 Fla. App. LEXIS 7780

District Court of Appeal of Florida | Filed: May 13, 1986 | Docket: 64619494

Published

BARFIELD, Judge. Appellants assert that section 440.15(5), Florida Statutes (1979), as interpreted by

Boynton Landscape Co. v. Dickinson

487 So. 2d 1106, 11 Fla. L. Weekly 797, 1986 Fla. App. LEXIS 7170

District Court of Appeal of Florida | Filed: Apr 4, 1986 | Docket: 64619050

Published

required by section 440.20(12)(a). We agree. Section 440.15(l)(e)(l), when read in pari materia with Section

Buono v. City of Riviera Beach

484 So. 2d 50, 11 Fla. L. Weekly 454

District Court of Appeal of Florida | Filed: Feb 18, 1986 | Docket: 1344233

Published

includes social security payments to dependents (section 440.15(10)(a), Florida Statutes (Supp. 1980)), and

Special Disability Trust Fund, Department of Labor & Employment Security v. George Stuart, Inc.

481 So. 2d 59, 11 Fla. L. Weekly 34, 1985 Fla. App. LEXIS 16894

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 64616569

Published

retroactively applied the 1983 amendment to Section 440.-15(3)(b)4, Florida Statutes,1 to the employee’s

Flagship National Bank of Broward County v. Hinkle

479 So. 2d 828, 10 Fla. L. Weekly 2760, 1985 Fla. App. LEXIS 17297

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 64616058

Published

proposition that the deputy is prohibited by section 440.15(5)(a), Florida Statutes (1983), from apportioning

Bay Steel Erections v. Chung

483 So. 2d 27, 10 Fla. L. Weekly 2743, 1985 Fla. App. LEXIS 17341

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 64617365

Published

according to the statutory method provided in Section 440.15(3)(b), Florida Statutes. AFFIRMED in part,

Hillsborough County Employees Credit Union v. Tamargo

477 So. 2d 652, 10 Fla. L. Weekly 2442, 1985 Fla. App. LEXIS 5909

District Court of Appeal of Florida | Filed: Oct 30, 1985 | Docket: 64614985

Published

did not limit his income, (emphasis supplied) Section 440.15(3)(b)2, P.S. Anderson v. S & S Diversified

McGarity v. Merit Electric Co.

473 So. 2d 836, 1985 Fla. App. LEXIS 22159

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 64613524

Published

conclusion is bolstered by the provisions of Section 440.-15(5)(a), Florida Statutes (1983): (a) The fact

McGarity v. Merit Electric Co.

478 So. 2d 1074, 10 Fla. L. Weekly 1925, 1985 Fla. App. LEXIS 15211

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 64615713

Published

conclusion is bolstered by the provisions of Section 440.-15(5)(a), Florida Statutes (1983): (a) The fact

Boyle Construction Co. v. Clay

468 So. 2d 527, 10 Fla. L. Weekly 1188, 1985 Fla. App. LEXIS 14235

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 64611815

Published

conditions or the unavailability of employment. § 440.-15(3)(b)(2), Fla.Stat. (1983); City of Clermont v

Klase v. Wendy's Old Fashioned Hamburgers

466 So. 2d 441, 10 Fla. L. Weekly 896, 1985 Fla. App. LEXIS 13315

District Court of Appeal of Florida | Filed: Apr 9, 1985 | Docket: 64610969

Published

Florida Workers’ Compensation Act, codified as Section 440.-15(9)(d), Florida Statutes (1983),2 is procedural

LGH Construction Co. v. Gonzalez

466 So. 2d 401, 10 Fla. L. Weekly 802, 1985 Fla. App. LEXIS 13158

District Court of Appeal of Florida | Filed: Mar 28, 1985 | Docket: 64610953

Published

claimant, catastrophic loss benefits pursuant to Section 440.-15(2)(b), Florida Statutes (1983). We reverse

Southland Corp. v. Hunt

465 So. 2d 1329, 10 Fla. L. Weekly 721, 1985 Fla. App. LEXIS 13041

District Court of Appeal of Florida | Filed: Mar 19, 1985 | Docket: 64610858

Published

physical limitation,” the standard required by Section 440.15(l)(b), Florida Statutes. The medical evidence

Hill v. Baptist Hospital

464 So. 2d 1350, 10 Fla. L. Weekly 710, 1985 Fla. App. LEXIS 13027

District Court of Appeal of Florida | Filed: Mar 15, 1985 | Docket: 64610484

Published

which the deputy determined, relying upon Section 440.15(10)(a), Florida Statutes (Supp.1982), to be

Horne v. Sales

464 So. 2d 261, 10 Fla. L. Weekly 678, 1985 Fla. App. LEXIS 13018

District Court of Appeal of Florida | Filed: Mar 15, 1985 | Docket: 64610208

Published

and without finding, as required even by amended § 440.15(3)(b)2, that claimant did not show a prima facie

Public Gas Co. v. Shaw

464 So. 2d 1243, 10 Fla. L. Weekly 435, 1985 Fla. App. LEXIS 12464

District Court of Appeal of Florida | Filed: Feb 18, 1985 | Docket: 64610432

Published

is due to physical limitation as required by Section 440.15(l)(b), Florida Statutes (Supp.1980). In Racz

Fruggiero v. Best Western Resort Inn

461 So. 2d 254, 10 Fla. L. Weekly 75, 1984 Fla. App. LEXIS 16302

District Court of Appeal of Florida | Filed: Dec 26, 1984 | Docket: 64608976

Published

with Section 440.15(3)(b)4., Florida Statutes (Supp.1982).1 Her contention that Section 440.15(3)(b)4

Horne v. Alter Sales

461 So. 2d 244, 10 Fla. L. Weekly 17, 1984 Fla. App. LEXIS 16305

District Court of Appeal of Florida | Filed: Dec 21, 1984 | Docket: 64608971

Published

Horne had not fulfilled the burden imposed by Section 440.-15(3)(b), Florida Statutes (1983), “to show that

Seminole County Board of County Commissioners v. Chaplin

460 So. 2d 544, 9 Fla. L. Weekly 2617, 1984 Fla. App. LEXIS 16667

District Court of Appeal of Florida | Filed: Dec 13, 1984 | Docket: 64608641

Published

entitled to catastrophic loss benefits pursuant to § 440.15(2)(b), Fla. Stat. He went on to explain: I make

Colonial Inn v. DeGuido

460 So. 2d 482, 9 Fla. L. Weekly 2563, 1984 Fla. App. LEXIS 16647

District Court of Appeal of Florida | Filed: Dec 7, 1984 | Docket: 64608627

Published

benefits is not contested and both parties agree that § 440.15(3)(b), Fla. Stat. (1980) sets forth the manner

Okeechobee Restaurant v. de la Nuez

459 So. 2d 411, 9 Fla. L. Weekly 2377, 1984 Fla. App. LEXIS 16589

District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 64608276

Published

even light work due to physical limitations. Section 440.15(l)(b), Fla.Stat.; Frank’s Fine Meats v. Sherman

McDonald Construction Corp. v. Dion

457 So. 2d 592, 9 Fla. L. Weekly 2191, 1984 Fla. App. LEXIS 15480

District Court of Appeal of Florida | Filed: Oct 16, 1984 | Docket: 64607422

Published

contributed causally to the wage loss in question. § 440.15(3)(b), Florida Statutes. Claimant’s initial burden

Griner-Woodruff, Inc. v. Payne

457 So. 2d 1120, 9 Fla. L. Weekly 2187, 1984 Fla. App. LEXIS 15457

District Court of Appeal of Florida | Filed: Oct 12, 1984 | Docket: 64607519

Published

voluntarily limited his income. We disagree. Section 440.15(3)(b)2, Florida Statutes (1980), provides that:

Atlantic Plastering, Inc. v. O'HARA

454 So. 2d 743

District Court of Appeal of Florida | Filed: Aug 22, 1984 | Docket: 444378

Published

O'Hara of catastrophic loss benefits pursuant to Section 440.15(2)(b), Florida Statutes (1983). O'Hara, a plasterer

Stoker/Ashland v. Douglas

455 So. 2d 514, 9 Fla. L. Weekly 1772, 1984 Fla. App. LEXIS 14760

District Court of Appeal of Florida | Filed: Aug 16, 1984 | Docket: 64606684

Published

an offset is required by the provisions of Section 440.15(10)(b), Florida Statutes. Accordingly, the

Miller v. Leon County Board of County Commissioners

453 So. 2d 492, 1984 Fla. App. LEXIS 14340

District Court of Appeal of Florida | Filed: Jul 27, 1984 | Docket: 64606115

Published

unavailability of employment” as required by Section 440.15(3)(b)2, Florida Statutes (1983). The work search

City of Ocala v. Collins

453 So. 2d 115, 1984 Fla. App. LEXIS 14428

District Court of Appeal of Florida | Filed: Jul 3, 1984 | Docket: 64606014

Published

not awarda-ble before a claimant reaches MMI. Section 440.15(3)(b), Florida Statutes (1983). The deputy

Lyons v. Coronado Sportswear

452 So. 2d 1016, 1984 Fla. App. LEXIS 14429

District Court of Appeal of Florida | Filed: Jul 3, 1984 | Docket: 64605904

Published

she found the claim barred by operation of Section 440.15(3)(b)3.a., Florida Statutes (1983). Second

McCotter Motors, Inc. v. Newton

453 So. 2d 117, 1984 Fla. App. LEXIS 14091

District Court of Appeal of Florida | Filed: Jul 3, 1984 | Docket: 64606016

Published

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

Morrow v. Amcon Concrete, Inc.

452 So. 2d 934, 1984 Fla. LEXIS 3137

Supreme Court of Florida | Filed: Jun 28, 1984 | Docket: 64605869

Published

1983), to uphold the constitutionality of section 440.-15(3)(b)4., Florida Statutes (1979) * against

Butler's Dairy v. Honeycutt

452 So. 2d 120, 1984 Fla. App. LEXIS 13475

District Court of Appeal of Florida | Filed: Jun 7, 1984 | Docket: 64605636

Published

1984), in support of their position. However, section 440.15(l)(b) (1979) does not require, nor does Frank’s

Izquierdo v. Volkswagen Interamericana

450 So. 2d 602, 1984 Fla. App. LEXIS 13306

District Court of Appeal of Florida | Filed: May 30, 1984 | Docket: 64604990

Published

and in denying wage-loss benefits pursuant to section 440.15(3)(b)3d, Florida Statutes (1979). We affirm

Hernandez v. EQUIP. CO. OF AMERICAN ADJUSTO

452 So. 2d 85

District Court of Appeal of Florida | Filed: May 23, 1984 | Docket: 280076

Published

entitled to catastrophic loss benefits pursuant to section 440.15(2)(b), Florida Statutes (1979). Because we

Hayes v. Tropicana Products, Inc.

449 So. 2d 405, 1984 Fla. App. LEXIS 13017

District Court of Appeal of Florida | Filed: May 3, 1984 | Docket: 64604460

Published

AFFIRMED. See section 440.15(7), Florida Statutes (1981), now codified as section 440.15(6), Florida Statutes

Tramontana v. Tampa Steel Erecting Co.

450 So. 2d 557, 1984 Fla. App. LEXIS 13013

District Court of Appeal of Florida | Filed: May 3, 1984 | Docket: 64604977

Published

Har-dee denied rehabilitative benefits under section 440.15(2)(b), Florida Statutes (1977) on the grounds

Hernando County Board of County Commissioners v. Gleaton

449 So. 2d 935, 1984 Fla. App. LEXIS 13136

District Court of Appeal of Florida | Filed: May 2, 1984 | Docket: 64604550

Published

long past the time statutorily required by section 440.-15(3)(a)2. That determination along with employer/carrier’s

Acosta v. Kraco, Inc.

448 So. 2d 562, 1984 Fla. App. LEXIS 12585

District Court of Appeal of Florida | Filed: Apr 3, 1984 | Docket: 64604207

Published

series of challenges to the constitutionality of section 440.15(3)(b)3d, Florida Statutes (1979), which prohibits

G & W Wood Products v. Parrott

447 So. 2d 407, 1984 Fla. App. LEXIS 12379

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 64603722

Published

disability precluded payment of wage loss benefits. Section 440.15(l)(b), Florida Statutes (Supp.1980), places

Brandon v. Hillsborough County School Board

447 So. 2d 982, 16 Educ. L. Rep. 1435, 1984 Fla. App. LEXIS 12259

District Court of Appeal of Florida | Filed: Mar 19, 1984 | Docket: 64603848

Published

prove any permanent impairment in accordance with § 440.15(3)(a)3, Florida Statutes,_ It is reasonably clear

Electone, Inc. v. Walsh

447 So. 2d 954, 1984 Fla. App. LEXIS 12242

District Court of Appeal of Florida | Filed: Mar 14, 1984 | Docket: 64603842

Published

basis for an award of wage loss benefits. Section 440.-15(3)(b), Florida Statutes, requires that a claimant

Brice Southern, Inc. v. Cancino

447 So. 2d 367, 1984 Fla. App. LEXIS 12146

District Court of Appeal of Florida | Filed: Mar 13, 1984 | Docket: 64603704

Published

to be a result of his injury as required by section 440.15(4)(b). There is no competent substantial evidence

Ryder System, Inc. v. Collins

444 So. 2d 566, 1984 Fla. App. LEXIS 11487

District Court of Appeal of Florida | Filed: Jan 30, 1984 | Docket: 64602437

Published

of $1,200 calculated correctly pursuant to Section 440.15(3)(a)l, Florida Statutes (1979). Claimant,

Spaugh v. Munyan Painting Contractors

444 So. 2d 1100, 1984 Fla. App. LEXIS 11693

District Court of Appeal of Florida | Filed: Jan 26, 1984 | Docket: 64602579

Published

occurred on November 23, 1977, prior to the date § 440.15(3)(a) Fla.Stat. (1979) became law, the deputy

Beauregard v. Commonwealth Electric

440 So. 2d 460, 1983 Fla. App. LEXIS 23555

District Court of Appeal of Florida | Filed: Nov 2, 1983 | Docket: 64600588

Published

impairment benefits of $1,200 in accordance with section 440.-15(3)(a), Florida Statutes (1981), and he asserts

Arnold Lumber Co. v. Randall

438 So. 2d 433, 1983 Fla. App. LEXIS 21642

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 64599820

Published

claimant was legally entitled to such benefits. Section 440.15(l)(b), Fla.Stat. (1979) relating to the payment

Cmeyla v. Baynard-Thompson Funeral Home

439 So. 2d 892, 1983 Fla. App. LEXIS 21636

District Court of Appeal of Florida | Filed: Sep 12, 1983 | Docket: 64600271

Published

wage-loss benefits fifty percent pursuant to Section 440.-15(3)(b)(4), Florida Statutes (1981), because

Cmeyla v. Baynard-Thompson Funeral Home

439 So. 2d 892, 1983 Fla. App. LEXIS 21636

District Court of Appeal of Florida | Filed: Sep 12, 1983 | Docket: 64600271

Published

wage-loss benefits fifty percent pursuant to Section 440.-15(3)(b)(4), Florida Statutes (1981), because

McDonald v. Florida Erection Services

437 So. 2d 188, 1983 Fla. App. LEXIS 20157

District Court of Appeal of Florida | Filed: Aug 26, 1983 | Docket: 64599368

Published

rehearing is denied, 437 So.2d 678 (Fla.App.1983). Section 440.15(3)(b)(l), Florida Statutes (1979) specifically

Coca-Cola Co.—Foods Division v. Long

436 So. 2d 411, 1983 Fla. App. LEXIS 20109

District Court of Appeal of Florida | Filed: Aug 19, 1983 | Docket: 64599116

Published

supplemental benefit payments due claimant under § 440.15(l)(e), Florida Statutes (1981). On April 13, 1982

City of Miami v. Gray

434 So. 2d 1009, 1983 Fla. App. LEXIS 19869

District Court of Appeal of Florida | Filed: Jul 18, 1983 | Docket: 64598347

Published

hospitalization period. Campbell at 1157. Under Section 440.15(4)(b), Florida Statutes (1979), TPD benefits

Hillson v. Florida Steel Corp.

434 So. 2d 1007, 1983 Fla. App. LEXIS 19861

District Court of Appeal of Florida | Filed: Jul 15, 1983 | Docket: 64598345

Published

nose is compensable under the provisions of Section 440.15(3)(u), Florida Statutes (1977). Although the

Southern Bell Telephone & Telegraph Co. v. Seneca

433 So. 2d 1369, 1983 Fla. App. LEXIS 19847

District Court of Appeal of Florida | Filed: Jul 13, 1983 | Docket: 64598079

Published

maximum medical improvement in February 1982. § 440.15(2), Fla.Stat. (1979). The self-insured employer

Houghton v. ABJ Constructors, Inc.

433 So. 2d 47, 1983 Fla. App. LEXIS 20219

District Court of Appeal of Florida | Filed: Jun 21, 1983 | Docket: 64597593

Published

PER CURIAM. Appellant contends that Section 440.-15(3)(a)(l), Florida Statutes (1981), which limits

Boulerice v. Magic Roofing Co.

433 So. 2d 43, 1983 Fla. App. LEXIS 19711

District Court of Appeal of Florida | Filed: Jun 21, 1983 | Docket: 64597591

Published

diminution of wage earning capacity. Under section 440.15(3)(u), Florida Statutes (1977), disability

Gibson-Homans Co. v. Henderson

433 So. 2d 602, 1983 Fla. App. LEXIS 20220

District Court of Appeal of Florida | Filed: Jun 9, 1983 | Docket: 64597831

Published

sentence of the last paragraph. Subject to Section 440.15(3)(b), Florida Statute (1980), the case is

Chisholm v. McCormick, Conduit, Buckley

437 So. 2d 699, 1983 Fla. App. LEXIS 19565

District Court of Appeal of Florida | Filed: Jun 9, 1983 | Docket: 64599484

Published

claim.3 BOOTH and WIGGINTON, JJ., concur. . Section 440.15(l)(b), Florida Statutes (1979), provides in

Patrick v. Palm Aire Construction of Sarasota, Inc.

431 So. 2d 304, 1983 Fla. App. LEXIS 20716

District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 64596971

Published

benefits due to the proscriptive language of Section 440.15(3)(b) 3d, Florida Statutes (1979), barring

Cabrera v. Universal Trusses, Inc.

429 So. 2d 768, 1983 Fla. App. LEXIS 19063

District Court of Appeal of Florida | Filed: Apr 12, 1983 | Docket: 64596355

Published

Guides ... shall be used for the purposes hereof.” § 440.15(3)(a)3. The burden is accordingly on the deputy

Eckerd Drugs v. Wright

429 So. 2d 769, 1983 Fla. App. LEXIS 19064

District Court of Appeal of Florida | Filed: Apr 12, 1983 | Docket: 64596356

Published

applicability of the “deemed earnings” provision of § 440.15(3)(b)2, Florida Statutes, as discussed in Pompano

McRae v. Jerry's Caterer

429 So. 2d 418, 1983 Fla. App. LEXIS 18952

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 64596290

Published

constitutional issue raised as to the validity of Section 440.15(3)(b) 3.d. Florida Statutes (1980), which terminates

All American Pools 'N Patio v. Zinnkann

429 So. 2d 733, 1983 Fla. App. LEXIS 18943

District Court of Appeal of Florida | Filed: Mar 29, 1983 | Docket: 64596346

Published

purposes of permanent impairment benefits under § 440.-15(3)(b), the post-1979 equivalent of PPD, the date

Refrigerated Transport Co. v. Edmond

428 So. 2d 338, 1983 Fla. App. LEXIS 18894

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 64595744

Published

Co., 417 So.2d 740 (Fla. 1st DCA 1982); and section 440.15(3)(a)3, Fla.Stat. (1979). Claimant contends

Harrell v. Florida State University

427 So. 2d 1089, 1983 Fla. App. LEXIS 18831

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 64595539

Published

taken or for recomputation consistent with Section 440.15(10), Florida Statutes. BOOTH and NIMMONS, JJ

Jefferson Stores, Inc. v. Cromes

429 So. 2d 368, 1983 Fla. App. LEXIS 18836

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 64596267

Published

of “any permanent impairment” [e.s.], see Section 440.-15(3)(b)1, Florida Statutes (1979); and Clay Hyder

Disco 95, Inc. v. Calderone

427 So. 2d 1084, 1983 Fla. App. LEXIS 20203

District Court of Appeal of Florida | Filed: Mar 11, 1983 | Docket: 64595535

Published

cross-appeal challenging the constitutionality of Section 440.15(3). This statutory provision has been considered

Morrison & Knudsen/American Bridge Division v. Scott

423 So. 2d 463, 1982 Fla. App. LEXIS 21758

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 64593939

Published

Association Guides (the Guides) as required by Section 440.15(3)(a)(3), Florida Statutes (1979). We agree

Hardee Livestock Market, Inc. v. Joe L. Davis Groves, Inc.

424 So. 2d 45, 1982 Fla. App. LEXIS 21831

District Court of Appeal of Florida | Filed: Dec 6, 1982 | Docket: 64594359

Published

deputy’s view on the catastrophic benefits claim, section 440.15(2)(b), Florida Statutes (1980 Supp.), because

Noel v. M. Ecker & Co.

422 So. 2d 1062, 1982 Fla. App. LEXIS 21818

District Court of Appeal of Florida | Filed: Dec 1, 1982 | Docket: 64593772

Published

disability benefits was not compensable under Section 440.15(3), Florida Statutes (1979). We affirm. Noel

Rich v. Commercial Carrier Corp.

422 So. 2d 1011, 1982 Fla. App. LEXIS 21687

District Court of Appeal of Florida | Filed: Nov 24, 1982 | Docket: 64593745

Published

the prerequisite to wage loss benefits under Section 440.15(3)(b), Florida Statutes. See Deinema v. Pierpoint

Pete Butts Painting v. Golden

421 So. 2d 774, 1982 Fla. App. LEXIS 21606

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 64593163

Published

instead of temporary total disability benefits. Section 440.15(4), Fla.Stat. (1979). The monetary result is

Richmond v. Liberty Mutual Insurance Co.

420 So. 2d 360, 1982 Fla. App. LEXIS 21301

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 64592519

Published

Insurance Company, alleging, inter alia, that section 440.15(3), Florida Statutes (1981), is unconstitutional

Stewart v. Pave-Mark

420 So. 2d 342, 1982 Fla. App. LEXIS 21316

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 64592515

Published

he has satisfied his burden of proof under section 440.15(3)(b)1, 2, Florida Statutes (1979), by *344proving

Seacoast Building Supply v. Jackson

419 So. 2d 379, 1982 Fla. App. LEXIS 21104

District Court of Appeal of Florida | Filed: Sep 14, 1982 | Docket: 64592070

Published

or failed to accept appropriate em*381ployment. § 440.15(4)(b), Florida Statutes. Vida Appliances v. Gates

Bland Construction Co. v. Williams

419 So. 2d 374, 1982 Fla. App. LEXIS 21100

District Court of Appeal of Florida | Filed: Sep 14, 1982 | Docket: 64592068

Published

awarding claimant wage loss benefits pursuant to section 440.-15(3)(b), Florida Statutes (1979). We affirm.

City of Miami v. Summers

425 So. 2d 11, 1982 Fla. App. LEXIS 21114

District Court of Appeal of Florida | Filed: Sep 10, 1982 | Docket: 64594620

Published

August 2, 1982), which allowed recovery (under Section 440.15(4), temporary partial disability) for temporary

Standard Industrial Linen Co. v. Freeman

419 So. 2d 711, 1982 Fla. App. LEXIS 21122

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 64592159

Published

post-injury wage earning capacity in accordance with Section 440.15(4), Florida Statutes (Supp.1978)1 and instead

Kraft, Inc. v. Beltran

418 So. 2d 1216, 1982 Fla. App. LEXIS 21049

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 64591945

Published

instructions to the deputy to consider the provisions of § 440.15(4)(b), Fla. Stat. relating to “deemed” earning

Ravenswood-Griffin Volunteer Fire Department v. Newman

422 So. 2d 321, 1982 Fla. App. LEXIS 21036

District Court of Appeal of Florida | Filed: Aug 31, 1982 | Docket: 64593533

Published

remand the deputy should conform this award to Section 440.15(4), Florida Statutes (1975). At the final hearing

Letcavage v. John Biggie & Co.

418 So. 2d 417, 1982 Fla. App. LEXIS 20981

District Court of Appeal of Florida | Filed: Aug 19, 1982 | Docket: 64591796

Published

asserts the deputy commissioner erred in applying Section 440.15(10)(a) retroactively and erred in denying her

Special Disability Trust Fund, Department of Labor & Employment Security v. Sunshine Junior Stores, Inc.

417 So. 2d 1170, 1982 Fla. App. LEXIS 20888

District Court of Appeal of Florida | Filed: Aug 16, 1982 | Docket: 64591674

Published

apply to reimbursement of wage loss benefits under § 440.15(3), Fla.Stat. (1979). The deputy found that the

West Florida Hospital v. Washington

418 So. 2d 1134, 1982 Fla. App. LEXIS 20884

District Court of Appeal of Florida | Filed: Aug 16, 1982 | Docket: 64591921

Published

compensable catastrophic injury as defined by section 440.15(2)(b), Florida Statutes (1979), and the claimant

Sears Termite & Pest Control v. Reeves

417 So. 2d 285, 1982 Fla. App. LEXIS 20527

District Court of Appeal of Florida | Filed: Jul 16, 1982 | Docket: 64591360

Published

his entitlement to wage-loss benefits under Section 440.15(3)(b)2, Florida Statutes (1979). We also find

Trend Management, Inc. v. Boyd

417 So. 2d 732, 1982 Fla. App. LEXIS 20510

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 64591508

Published

would probably merit serious consideration.... F.S. 440.15(3)(b) concerns present entitlement to compensation

Southern Freightways v. Reed

416 So. 2d 26, 1982 Fla. App. LEXIS 20403

District Court of Appeal of Florida | Filed: Jun 28, 1982 | Docket: 64590919

Published

work-related impairment and his wage loss. See Section 440.15(3)(b)2. The order gives the impression that

Bekins Van Lines v. Johnson

414 So. 2d 1189, 1982 Fla. App. LEXIS 20284

District Court of Appeal of Florida | Filed: Jun 11, 1982 | Docket: 64590447

Published

concur. . We find this award not precluded by Section 440.15(9), Florida Statutes, which is applicable only

Glennon v. East Bay Country Club

414 So. 2d 1128, 1982 Fla. App. LEXIS 20232

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 64590418

Published

loss was the result of her compensable injury. § 440.15(3)(b)2, Fla. Stat. (1979). We, therefore, reverse

Marks v. State

414 So. 2d 13, 1982 Fla. App. LEXIS 19926

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 64590004

Published

the use of the 350-week schedule provided in section 440.-15(3)(u)(l), Florida Statutes (1978 Supp.), as

Pic N Save Drug Co. v. Moore

412 So. 2d 410, 1982 Fla. App. LEXIS 19754

District Court of Appeal of Florida | Filed: Apr 8, 1982 | Docket: 64589247

Published

concur. . According to the formula set forth in Section 440.15(3)(b)l, Florida Statutes (1979), claimant’s

City of Sanford v. Bradley

411 So. 2d 1032, 1982 Fla. App. LEXIS 19586

District Court of Appeal of Florida | Filed: Apr 1, 1982 | Docket: 64588900

Published

employer/carrier comply with the provisions of § 440.15(2)(a), Florida Statutes. As so construed, we find

Purolator Courier Corp. v. Hess

412 So. 2d 897, 1982 Fla. App. LEXIS 19568

District Court of Appeal of Florida | Filed: Mar 29, 1982 | Docket: 64589332

Published

does not apply to the case at bar. Instead, Section 440.15(2)(a) applies. That section was effective August

Florida College v. Wilsher

410 So. 2d 969, 1982 Fla. App. LEXIS 19392

District Court of Appeal of Florida | Filed: Mar 8, 1982 | Docket: 64588389

Published

accident. The application and interpretation of Section 440.-15(5)(b), Florida Statutes (1977), is required

Christopher v. Dobbs Houses, Inc.

411 So. 2d 267, 1982 Fla. App. LEXIS 19390

District Court of Appeal of Florida | Filed: Mar 8, 1982 | Docket: 64588620

Published

presented a claim for wage-loss benefits pursuant to § 440.-15(3)(b). During the course of the hearing the deputy

Milky Way Farms v. Stitt

410 So. 2d 634, 1982 Fla. App. LEXIS 19400

District Court of Appeal of Florida | Filed: Mar 4, 1982 | Docket: 64588282

Published

partial or wage-loss” benefits. Under either Section 440.15(3)(b) or 440.-15(4)(a), Florida Statutes (1979)

Florida Rock Industries, Inc. v. Beach

409 So. 2d 1160, 1982 Fla. App. LEXIS 19255

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 64587972

Published

physical impairment to the body as a whole under section 440.15(3)(u), Florida Statutes (1978 Supp.), because

Builders Specialties Supply v. Cole

409 So. 2d 1144, 1982 Fla. App. LEXIS 19140

District Court of Appeal of Florida | Filed: Feb 11, 1982 | Docket: 64587965

Published

period prior to MMI is clearly erroneous, as Section 440.15(3)(b)(l), Florida Statutes, authorizes payment

Sheraton Towers Hotel v. Roche

408 So. 2d 807, 1982 Fla. App. LEXIS 18961

District Court of Appeal of Florida | Filed: Jan 18, 1982 | Docket: 64587341

Published

inability to find a job and the injury to his hand. Section 440.15(3), Florida Statutes (1979), provides for wage

Stahl v. Mike Gordon's Seafood Restaurant

408 So. 2d 808, 1982 Fla. App. LEXIS 18963

District Court of Appeal of Florida | Filed: Jan 18, 1982 | Docket: 64587342

Published

of the Division of Workers’ Compensation, and § 440.15(3)(b) relates to wage-loss computation and eligibility

Hunter v. Richie's Economy Cars

406 So. 2d 1285, 1981 Fla. App. LEXIS 21984

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 64586672

Published

issue the effective date of the 1979 amendments to § 440.15(2) (the compensation rate for temporary total

Ridge Pallets, Inc. v. John

406 So. 2d 1292, 1981 Fla. App. LEXIS 21991

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 64586678

Published

for the wage loss benefits available under Section 440.15(3)(b), the act requires the worker to report

Taylor v. International Paper Co.

404 So. 2d 808, 1981 Fla. App. LEXIS 21242

District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 64585506

Published

partial disability to the schedule set forth in § 440.15(3)(b), Florida Statutes. We affirm. Claimant contends

Bake Lines Trucking, Inc. v. Chester

404 So. 2d 192, 1981 Fla. App. LEXIS 21197

District Court of Appeal of Florida | Filed: Oct 1, 1981 | Docket: 64585251

Published

evaluate claimant prior to an award being made. Section 440.15(2)(b), Florida Statutes (1975), specifically

National Linen Service v. Stubblefield

403 So. 2d 1147, 1981 Fla. App. LEXIS 21123

District Court of Appeal of Florida | Filed: Sep 24, 1981 | Docket: 64585151

Published

wage earning capacity, whichever is greater. Section 440.-15(3)(u), Florida Statutes (1978 Supp.). The Deputy’s

Parks v. Dade County Waste Division

402 So. 2d 563, 1981 Fla. App. LEXIS 20867

District Court of Appeal of Florida | Filed: Aug 26, 1981 | Docket: 64584682

Published

the employer was entitled to set off under Section 440.15(5)(c). However, the settlement agreement merely

State Department of Transportation v. Houlihan

402 So. 2d 490, 1981 Fla. App. LEXIS 20688

District Court of Appeal of Florida | Filed: Aug 10, 1981 | Docket: 64584652

Published

did err by utilizing an inapplicable statute. Section 440.15(2)(a), Florida Statutes (1978), provides that

Baird-Ray Datsun v. Butler

400 So. 2d 1038, 1981 Fla. App. LEXIS 20463

District Court of Appeal of Florida | Filed: Jul 9, 1981 | Docket: 64583826

Published

the scheduled benefits determined pursuant to § 440.15, Florida *1040Statutes (1977), and loss of wage-earning

North Broward Hospital District v. Gavagan

398 So. 2d 1006, 1981 Fla. App. LEXIS 19906

District Court of Appeal of Florida | Filed: May 21, 1981 | Docket: 64582838

Published

commissioner’s computations and application of Section 440.15(3)(u)(3), Florida Statutes (1978), correctly

C. A. Carroll Construction Co. v. Long

397 So. 2d 751, 1981 Fla. App. LEXIS 19669

District Court of Appeal of Florida | Filed: Apr 30, 1981 | Docket: 64582202

Published

of the two separate and distinct accidents. See § 440.15(5)(b). Also, before assessing a disability rating

Peacock Fruit & Cattle Corp. v. Prescott

397 So. 2d 390, 1981 Fla. App. LEXIS 19335

District Court of Appeal of Florida | Filed: Apr 22, 1981 | Docket: 64582134

Published

appellee’s reliance upon the provisions of Section 440.15(5)(c) is inappropriate. In view of the determination

Sheraton Twin Towers v. Casas

397 So. 2d 391, 1981 Fla. App. LEXIS 19336

District Court of Appeal of Florida | Filed: Apr 22, 1981 | Docket: 64582135

Published

temporary partial compensation provided in Section 440.15(4), Florida Statutes. As to these benefits

Lawson v. Okaloosa Mills Divtsion

396 So. 2d 850, 1981 Fla. App. LEXIS 19265

District Court of Appeal of Florida | Filed: Apr 14, 1981 | Docket: 64581570

Published

120 So.2d 596 (Fla. 1960) (now codified in Section 440.15(l)(b), Florida Statutes, 1979). Following such

Flanigan's Enterprises, Inc. v. Pont

395 So. 2d 1217, 1981 Fla. App. LEXIS 20238

District Court of Appeal of Florida | Filed: Mar 18, 1981 | Docket: 64581311

Published

that he was entitled to wage-loss benefits under § 440.15(3)(b)(l), Fla.Stat. (1979). The Deputy ruled that

Metropolitan Dade County v. Aydelotte

395 So. 2d 271, 1981 Fla. App. LEXIS 19646

District Court of Appeal of Florida | Filed: Mar 13, 1981 | Docket: 64581014

Published

claimant would be entitled to benefits for 70 weeks.3 § 440.15(3)(u)(2), Fla.Stat. (Supp. 1978). Because we are

Ken Lones Landscaping v. Tucker

395 So. 2d 272, 1981 Fla. App. LEXIS 19647

District Court of Appeal of Florida | Filed: Mar 13, 1981 | Docket: 64581015

Published

temporary total disability.1 Florida Statutes § 440.15 provides benefits of sixty-six and two-thirds

B. F. Diamond Construction Co. v. Harrell

400 So. 2d 20, 1981 Fla. App. LEXIS 22124

District Court of Appeal of Florida | Filed: Mar 5, 1981 | Docket: 64583397

Published

remanded for additional findings of fact. Section 440.-15(4), Florida Statutes (Supp.1978) provides the

Burley v. Santa Fe Community College

393 So. 2d 1185, 1981 Fla. App. LEXIS 19488

District Court of Appeal of Florida | Filed: Feb 13, 1981 | Docket: 64580394

Published

as of the date it exercises its right under Section 440.15(10), Florida Statutes (1977). Baker Products

Brevard County School Board v. McCormick

392 So. 2d 1010, 1981 Fla. App. LEXIS 19396

District Court of Appeal of Florida | Filed: Jan 27, 1981 | Docket: 64579843

Published

that the deputy erred in failing to allow a Section 440.15(5)(c) credit against compensation payable for

Lavalle, Wochna, Rutherford, Maker & Truesdell v. Stevens

394 So. 2d 141, 1981 Fla. App. LEXIS 19503

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64580460

Published

compensation in excess of the six weeks mandated by Section 440.15(6)(f). The carrier argued that the hernia was

Brannon v. Marion County Sheriff's Office

391 So. 2d 253, 1980 Fla. App. LEXIS 18222

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 64579228

Published

briefs and the record, we find that pursuant to § 440.15(5)(c), Fla.Stat. (1975), the rate of compensation

Cumberland Farms Dairy, Inc. v. Szajbler

390 So. 2d 1214, 1980 Fla. App. LEXIS 18178

District Court of Appeal of Florida | Filed: Nov 13, 1980 | Docket: 64579104

Published

due to a “catastrophic loss” as defined by Section 440.15(2)(c), Florida Statutes (1978). The deputy

Jordan v. Smith

389 So. 2d 1077, 1980 Fla. App. LEXIS 18019

District Court of Appeal of Florida | Filed: Nov 4, 1980 | Docket: 64578657

Published

not resulting from the scheduled injuries. Section 440.15, Florida Statutes. See Eques v. Best Knit Textile

Brockman v. Dade Division-American Hospital Supply

389 So. 2d 344, 1980 Fla. App. LEXIS 17864

District Court of Appeal of Florida | Filed: Oct 27, 1980 | Docket: 64578469

Published

condition occurred so as to entitle her, under Section 440.15(5)(c), Florida Statutes (1977), to a greater

Suez Motel v. Brouwer

388 So. 2d 627, 1980 Fla. App. LEXIS 17691

District Court of Appeal of Florida | Filed: Sep 25, 1980 | Docket: 64578266

Published

a 25% permanent partial disability rating. Section 440.-15(3)(u), Florida Statutes (1977), provides that

George A. Fuller Co. v. Chastain

388 So. 2d 284, 1980 Fla. App. LEXIS 17653

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64578174

Published

temporary partial benefits at the maximum rate. Section 440.15(4), F.S. (1977). Although the post-injury wage-earning

Hing v. Richard Electric Supply Co.

388 So. 2d 13, 1980 Fla. App. LEXIS 17978

District Court of Appeal of Florida | Filed: Aug 28, 1980 | Docket: 64578058

Published

and did not immediately follow the accident. Section 440.15(6), Florida Statutes (1977). We reverse because

Whitman v. Hillsborough County School Board

386 So. 2d 877, 1980 Fla. App. LEXIS 17341

District Court of Appeal of Florida | Filed: Aug 15, 1980 | Docket: 64577669

Published

to Florida’s Social Security Offset Statute, Section 440.15(10), in Section 6, Chapter 75-209, Laws of

Metropolitan Dade County, Board of County Commissioners v. Wyche

383 So. 2d 315, 1980 Fla. App. LEXIS 16618

District Court of Appeal of Florida | Filed: May 13, 1980 | Docket: 64576013

Published

hernia did not appear suddenly as required by § 440.15(6)(b), Florida Statutes, or immediately following

Bertram Yacht v. Vives

383 So. 2d 266, 1980 Fla. App. LEXIS 16607

District Court of Appeal of Florida | Filed: May 6, 1980 | Docket: 64576001

Published

compensation to the “schedule of benefits provided by § 440.-15(3), F.S.”, remanding for entry of an- order in

Sears, Roebuck & Co. v. Moreno

382 So. 2d 1319, 1980 Fla. App. LEXIS 16460

District Court of Appeal of Florida | Filed: Apr 24, 1980 | Docket: 64575800

Published

the compensability of the right-side hernia. Section 440.15(6), F.S. provides in part: (6) HERNIA. — In

Thomas v. T & T Trucking

382 So. 2d 449, 1980 Fla. App. LEXIS 16395

District Court of Appeal of Florida | Filed: Apr 18, 1980 | Docket: 64575569

Published

from the subsequent injury . alone . . . .” Section 440.-15(5)(c). Aside from the prior adjudication of

Pasco County v. Green

382 So. 2d 798, 1980 Fla. App. LEXIS 16541

District Court of Appeal of Florida | Filed: Apr 10, 1980 | Docket: 64575651

Published

full-time during that period. We agree. Pursuant to F.S. 440.15(3)(u), disability is defined as either physical

Plant City Steel v. Grace

381 So. 2d 738

District Court of Appeal of Florida | Filed: Apr 1, 1980 | Docket: 1718816

Published

consistent with the provisions of the hernia statute, § 440.15(6), Florida Statutes. The order on appeal finds:

Bakery Products, Inc. v. Laria

379 So. 2d 1332, 1980 Fla. App. LEXIS 15967

District Court of Appeal of Florida | Filed: Feb 21, 1980 | Docket: 64574431

Published

the date it first exercised its right under Section 440.15(10), Florida Statutes (1977). Pensacola Buggy

Miller v. Gilbert

379 So. 2d 1054, 1980 Fla. App. LEXIS 15952

District Court of Appeal of Florida | Filed: Feb 21, 1980 | Docket: 64574304

Published

disability calculated as to the body as a whole under § 440.15(3)(u), Florida Statutes (1976). When a claimant

State, Department of Transportation v. Jackson

379 So. 2d 1045, 1980 Fla. App. LEXIS 15946

District Court of Appeal of Florida | Filed: Feb 20, 1980 | Docket: 64574300

Published

entitled to take the social security off-set in Section 440.15(10), Florida Statutes (1977), in paying benefits

Leight v. Aladdin Moving Co.

381 So. 2d 258, 1980 Fla. App. LEXIS 16279

District Court of Appeal of Florida | Filed: Feb 13, 1980 | Docket: 64575066

Published

claimed and the judge awarded an offset pursuant to § 440.15 5(c), Florida Statutes (1978), for compensation

Brevard County School Board v. Spires

379 So. 2d 1006, 1980 Fla. App. LEXIS 15920

District Court of Appeal of Florida | Filed: Feb 11, 1980 | Docket: 64574257

Published

allowance of the deduction required under Section 440.-15(5)(c), Florida Statutes. See Jackson v. Nat

Nunez v. Holiday Inn

380 So. 2d 472, 1980 Fla. App. LEXIS 16022

District Court of Appeal of Florida | Filed: Feb 6, 1980 | Docket: 64574665

Published

which we affirm except as to the amount of the § 440.15(5)(c), Fla. Stat. (1974), deduction. In applying

Alphes Enterprises v. Dean

377 So. 2d 791, 1979 Fla. App. LEXIS 16172

District Court of Appeal of Florida | Filed: Dec 7, 1979 | Docket: 64573122

Published

to establish the statutory requirements. F.S. § 440.15(6). Accordingly, the order is reversed and the

Winn Dixie Stores, Inc. v. Crawford

376 So. 2d 482

District Court of Appeal of Florida | Filed: Nov 9, 1979 | Docket: 64572636

Published

claimant’s “average current earnings” in computing the § 440.15(1), Fla. Stat., compensation offset. The carrier

Winn Dixie Stores, Inc. v. Linthicum

376 So. 2d 909, 1979 Fla. App. LEXIS 16088

District Court of Appeal of Florida | Filed: Nov 9, 1979 | Docket: 64572721

Published

on the claimant’s actual physical impairment. § 440.15(3)(u), Fla. Stat. However, the claimant testified

Thomas v. City of Vero Beach

365 So. 2d 133, 1978 Fla. LEXIS 4937

Supreme Court of Florida | Filed: Sep 28, 1978 | Docket: 64567442

Published

of Industrial Claims (JIC) which held that Section 440.15(10), Florida Statutes (1975), is constitutional

Steed v. Liberty Mutual Insurance

355 So. 2d 1239, 1978 Fla. App. LEXIS 15055

District Court of Appeal of Florida | Filed: Mar 1, 1978 | Docket: 64563252

Published

HOBSON, Acting C. J., and RYDER, J., concur. . § 440.15(3)(u), Fla.Stat. (1975), applies and provides

Gardner v. D. F. S. Construction Co.

358 So. 2d 171, 1978 Fla. LEXIS 4681

Supreme Court of Florida | Filed: Feb 9, 1978 | Docket: 64564264

Published

nullify that portion of the statutory language of F.S. 440.15(2)(c). I therefore must regretfully determine

Botanical Gardens v. Smith

340 So. 2d 913, 1976 Fla. LEXIS 4611

Supreme Court of Florida | Filed: Sep 30, 1976 | Docket: 64556402

Published

additional six weeks of compensation relying on Section 440.15(6)(f), Florida Statutes, which provides: “Compensation

Special Disability Trust Fund v. Southland Corp.

322 So. 2d 900, 1975 Fla. LEXIS 4391

Supreme Court of Florida | Filed: Nov 14, 1975 | Docket: 64550750

Published

the previous permanent physical impairment. F.S. 440.15(5) (d)(3) (1955)." (Emphasis supplied.) The wording

Thomas v. State, Department of Transportation

305 So. 2d 169, 1974 Fla. LEXIS 4039

Supreme Court of Florida | Filed: Dec 18, 1974 | Docket: 64543428

Published

precipitating a hernia; 2. The requirements of Section 440.-15(6), Florida Statutes, were not met, particularly

Johnson v. J. B. McCrary Co.

305 So. 2d 759, 1974 Fla. LEXIS 4108

Supreme Court of Florida | Filed: Nov 20, 1974 | Docket: 64543646

Published

here, which is controlled by a different statute, § 440.15(1). In Chaffee, we took great pains to point out

Wimberly v. Creamon's Chevrolet Co.

284 So. 2d 211, 1973 Fla. LEXIS 4276

Supreme Court of Florida | Filed: Oct 11, 1973 | Docket: 64534969

Published

further find that the employer’s defense that Section 440.-15(5) (c) is a bar to claimant’s recovery of any

Jones v. Vinoy Park Hotel

252 So. 2d 239, 1971 Fla. LEXIS 3396

Supreme Court of Florida | Filed: Jul 7, 1971 | Docket: 64521979

Published

capacity brought it squarely within Fla.Stat. § 440.15(3) (u), F.S.A., which sets out both this basis

Hartford Accident & Indemnity Co. v. Special Disability Fund

249 So. 2d 673, 1971 Fla. LEXIS 3629

Supreme Court of Florida | Filed: Jun 9, 1971 | Docket: 64521028

Published

relation to the Special Disability Fund under Section 440.15 of the Florida Statutes. * * * ” (Emphasis

San Juan v. Hart Properties, Inc.

248 So. 2d 466, 1971 Fla. LEXIS 3712

Supreme Court of Florida | Filed: May 26, 1971 | Docket: 64520556

Published

diminution of wage earning capacity. Note F.S. Section 440.15(3) (u), F.S.A. The amendment at the 1970 legislative

Southgate Towers Restaurant v. Knell

247 So. 2d 57, 1971 Fla. LEXIS 3762

Supreme Court of Florida | Filed: Apr 21, 1971 | Docket: 64519946

Published

date of accident, June 16, 1963, i. e., F.S. section 440.15(3) (u), F.S.A., providing for awards on unscheduled

Southgate Towers Restaurant v. Knell

247 So. 2d 57, 1971 Fla. LEXIS 3762

Supreme Court of Florida | Filed: Apr 21, 1971 | Docket: 64519946

Published

date of accident, June 16, 1963, i. e., F.S. section 440.15(3) (u), F.S.A., providing for awards on unscheduled

Salazar v. Jules Gillette, Inc.

243 So. 2d 138, 1970 Fla. LEXIS 2241

Supreme Court of Florida | Filed: Dec 16, 1970 | Docket: 64518376

Published

evidence to support his claim for benefits under F.S. § 440.15(6), F.S.A. Although it is not the function of

Brock v. Sey Construction Corp.

237 So. 2d 160, 1970 Fla. LEXIS 2711

Supreme Court of Florida | Filed: Jun 24, 1970 | Docket: 64515191

Published

whether the Judge com*163plied with Fla.Stat. § 440.15(3) (u), F.S.A., which states in part: “ ‘disability’

Florida State Turnpike Authority v. Garvey

234 So. 2d 354, 1970 Fla. LEXIS 2778

Supreme Court of Florida | Filed: Apr 22, 1970 | Docket: 64514303

Published

also contended on behalf of petitioners that Section 440.15(5) (c), Fla. Stat., F.S.A., required the Industrial

Thompson v. Florida Industrial Commission

224 So. 2d 286, 1969 Fla. LEXIS 2235

Supreme Court of Florida | Filed: Jun 18, 1969 | Docket: 64510404

Published

total disability benefits pursuant to F.S. Section 440.15(1), F.S.A., from the date of her permanent

Randall v. Diamond

215 So. 2d 729, 1968 Fla. LEXIS 2080

Supreme Court of Florida | Filed: Nov 13, 1968 | Docket: 64507320

Published

wage earning capacity. Therefore, pursuant to F.S. 440.15(3)(u) [F.S.A.], the claimant is entitled to receive

Davis v. Conger Life Insurance

201 So. 2d 727, 1967 Fla. LEXIS 3802

Supreme Court of Florida | Filed: Jul 26, 1967 | Docket: 64502093

Published

which also involves apportionment under F.S. Section 440.-15(5) (c), F.S.A., we recognized the principle

Bell v. Univis, Inc.

201 So. 2d 543, 1967 Fla. LEXIS 3680

Supreme Court of Florida | Filed: Jun 30, 1967 | Docket: 64501908

Published

compensation benefits due the petitioner pursuant to Section 440.-15(5) Florida Statutes, F.S.A., consistent with

Crosby Aeromarine Co. v. Wilson

198 So. 2d 15, 1967 Fla. LEXIS 3851

Supreme Court of Florida | Filed: Apr 12, 1967 | Docket: 64500674

Published

decided January 25, 1967. . Florida Statutes § 440.15(5) (c), F.S.A. . 2 Larson, The Law of Workmen’s

Hudson Pulp & Paper Corp. v. Stallings

194 So. 2d 905

Supreme Court of Florida | Filed: Feb 8, 1967 | Docket: 64499706

Published

claimant in failure to apply the provisions of Section 440.15(5) (d) (2), F.S. 1961, controlling this award

Tropical Brick Co. v. Jackson

188 So. 2d 289, 1966 Fla. LEXIS 3353

Supreme Court of Florida | Filed: Jun 22, 1966 | Docket: 64497261

Published

since the claim arose before the amendment of Section 440.15(3) (u) by Chapter 65-168 which became effective

Jones Shutter Products, Inc. v. Jackson

185 So. 2d 476, 1966 Fla. LEXIS 3640

Supreme Court of Florida | Filed: Apr 13, 1966 | Docket: 64496481

Published

and awarded benefits of $8.00 per week under Section 440.15(2) and Section 440.12(2), Florida Statutes

Henley v. Central Truck Lines, Inc.

178 So. 2d 722, 1965 Fla. LEXIS 2834

Supreme Court of Florida | Filed: Oct 6, 1965 | Docket: 64494231

Published

pursuant to the Special Disability Fund statute, § 440.15(5) (d) (2), F.S.1961, F.S. A., as said section

Boyd v. Hudson Pulp & Paper Corp.

177 So. 2d 331, 1965 Fla. LEXIS 3005

Supreme Court of Florida | Filed: Jun 30, 1965 | Docket: 64493744

Published

fails to meet the requirements of Florida Statutes § 440.15(6), F.S.A.,1 relating to hernias. The majority

Garcia v. Continental Vending Machine Corp.

176 So. 2d 329, 1965 Fla. LEXIS 3189

Supreme Court of Florida | Filed: Jun 2, 1965 | Docket: 64493363

Published

a compensa-ble hernia within the meaning of Section 440.15(6), Florida Statutes, F.S.A., which is the

Logan v. Maintenance, Inc.

173 So. 2d 690, 1965 Fla. LEXIS 3406

Supreme Court of Florida | Filed: Apr 7, 1965 | Docket: 64492657

Published

in favor of the claimant entered pursuant to § 440.-15(5) (d) (2), F.S., 1961, Laws 1959, c. 59-102,

Hallett v. Westover Arms Apt. Hotel

168 So. 2d 544

Supreme Court of Florida | Filed: Oct 21, 1964 | Docket: 64491055

Published

the applicable provisions of the statute are Section 440.15 (5) (c) and (d), Florida Statutes 1961, F.

Hallett v. Westover Arms Apt. Hotel

168 So. 2d 544

Supreme Court of Florida | Filed: Oct 21, 1964 | Docket: 64491055

Published

the applicable provisions of the statute are Section 440.15 (5) (c) and (d), Florida Statutes 1961, F.

Reed v. Sherry Frontenac Hotel, Employers Service Corp.

150 So. 2d 225

Supreme Court of Florida | Filed: Jan 16, 1963 | Docket: 60210153

Published

definition of permanent partial disability under Section 440.15(3), Florida Statutes, F.S.A. However, we have

Davis v. Okeelanta Sugar Refinery, Inc.

147 So. 2d 513

Supreme Court of Florida | Filed: Dec 21, 1962 | Docket: 60208628

Published

Commissioner did not err in determining, under Section 440.-15(5) (d) (2), Florida Statutes 1959, F.S.A.,

Wolf v. City of Altamonte Springs

148 So. 2d 13

Supreme Court of Florida | Filed: Oct 24, 1962 | Docket: 60209051

Published

compensation which is governed by the statute. Section 440.15 Florida Statutes, F.S. A. requires compensation

Nuce v. City of Miami Beach

140 So. 2d 303, 1962 Fla. LEXIS 2862

Supreme Court of Florida | Filed: Apr 18, 1962 | Docket: 60203946

Published

appears to have overlooked the applicable statute, § 440.15(3) (u), Florida Statutes, F.S.A., which he should

Young v. Dreamland Bedding Co.

133 So. 2d 414

Supreme Court of Florida | Filed: Sep 27, 1961 | Docket: 60198512

Published

of use of a member is a scheduled loss under Section 440.15(3), Florida Statutes. The effect of an injury

Market v. Lutz

126 So. 2d 881

Supreme Court of Florida | Filed: Feb 15, 1961 | Docket: 60196705

Published

compensation for disability as provided by Section 440.15(6) (f), F.S.A. While recovering from the operation

Lasseter v. Florida Citrus Canners Cooperative

118 So. 2d 215

Supreme Court of Florida | Filed: Feb 17, 1960 | Docket: 60194362

Published

petitioner is barred from recovery by virtue of § 440.15(7), Florida Statutes, F.S.A. In response to this

Bell v. Southern Bell Telephone & Telegraph Co.

108 So. 2d 483

District Court of Appeal of Florida | Filed: Jan 15, 1959 | Docket: 60191640

Published

suffered a non-scheduled injury, as covered by § 440.-15(3) (u), Fla.Stat, F.S.A. of the Workmen’s Compensation

City of Miami Beach v. Florida Industrial Commission, Special Disability Fund

105 So. 2d 885

District Court of Appeal of Florida | Filed: Oct 9, 1958 | Docket: 60191036

Published

That provision is contained in Fla.Stat., F.S.A., § 440.15(5) (d) 3, reading as follows: “Permanent disability

International Paper Co. v. Merchant

77 So. 2d 622

Supreme Court of Florida | Filed: Jan 28, 1955 | Docket: 64486309

Published

from the loss of his eye and on authority of Section 440.15(5)(b), F.S.A. deducted said 175 weeks compensation

Ferlita v. Florida Art Stucco Corp.

74 So. 2d 893, 1954 Fla. LEXIS 1186

Supreme Court of Florida | Filed: Oct 8, 1954 | Docket: 64485985

Published

Stucco Corporation. He filed a claim under Section 440.15, Florida Statutes 1941, F.S.A., for disability

Superior Home Builders v. Moss

70 So. 2d 570, 1954 Fla. LEXIS 1284

Supreme Court of Florida | Filed: Feb 26, 1954 | Docket: 64485126

Published

payments under the original award, pursuant to section 440.15(2), Florida Statutes 1951, F.S.A. The full

Porteus v. Miami Jockey Club, Inc.

27 So. 2d 674, 158 Fla. 45, 1946 Fla. LEXIS 468

Supreme Court of Florida | Filed: Oct 18, 1946 | Docket: 3261554

Published

enactment of the 1945 Act. The law in question is Section 440.15 (5) Florida Statutes Annotated. Prior to the

Foster v. Lindsay

26 So. 2d 806, 157 Fla. 788, 1946 Fla. LEXIS 853

Supreme Court of Florida | Filed: Jul 23, 1946 | Docket: 3275442

Published

injury for the loss of the eye as provided in Section 440.15, subsection (3) — (e), the wording of the Act