The 2024 Florida Statutes
|
||||||
|
. . . ." § 440.09(1), Fla. Stat. (2016). . . . Section 440.09(1), Florida Statutes (2016), states in part, "The employer must pay compensation or furnish . . . However, to satisfy the "arising out of work" requirement of section 440.09(1), the personal comfort . . .
. . . We would note that the E/C neither pled nor pursued a fraud defense pursuant to sections 440.09(4) and . . .
. . . Phillips , 656 So.2d 1386, 1387 (Fla. 1st DCA 1995) (holding that term "compensation" as used in § 440.09 . . . The fraud defense under section 440.09(4) is not available for accidents that occurred before the statute's . . .
. . . the workplace injury is the major contributing cause of the need for surgery as required by section 440.09 . . .
. . . Powers's testimony stem from the evidentiary requirements set forth in sections 90.704 and 440.09(1). . . . Section 440.09(1) requires that "[t]he injury, its occupational cause, and any resulting manifestations . . .
. . . See § 440.09(3), Fla. Stat. (2017). Ms. Brinson challenged the denial of benefits. . . . to rebut the statutory presumption attributing her injury primarily to the influence of drugs, see § 440.09 . . . And it does not compensate for the injury. § 440.09(3), Fla. Stat. . . . ." § 440.09(7)(b), Fla. Stat. Ms. . . . Test results have long been used in workers' compensation cases (and § 440.09(7)(b)'s presumption has . . . . § 440.09(7)(b), Fla. Stat. (2018). . . . to the extent that the employee's normal faculties were impaired" as to the accident in question. § 440.09 . . . on the statutory presumption of intoxication in section 440.09(7)(b) (discussed further below). . . . An employer without a program, of course, may conduct drug testing under state law, as section 440.09 . . . Hall , 692 So.2d 153 (Fla. 1997) (section 440.09(3)'s then-existing conclusive presumption that injury . . .
. . . In the order, the JCC found that no benefits were payable in accordance with subsection 440.09(3), Florida . . . Under subsection 440.09(3), compensation is not payable if the injury was occasioned primarily by the . . . Although section 440.09(7)(b) also provides that evidence of a certain blood alcohol level creates a . . . comply with the Florida Administrative Code to establish the intoxication presumption under section 440.09 . . . "When the presumption in section 440.09(7)(b) does not apply, employer/carriers must 'establish, by the . . .
. . . In the notice of denial, the E/C asserted that, by operation of subsection 440.09(3), Florida Statutes . . .
. . . Section 440.09(1) does not enumerate “all other causes” for MCC analysis, but subsections (a) and (b) . . . As this Court summarized in Cespedes, “under the text of section 440.09(1)(a)-(b), MCC analysis cannot . . . The JCC assumed that, for purposes of 440.09(l)(b), a preexisting condition “must have produced the need . . . Claimant’s preexisting osteoarthritis is a qualifying preexisting condition under section 440.09(l)(b . . . Code R. 60Q-6.113(2)(h) requires, ”[a]ny defense raised pursuant to Sections 440.09(4)(a) and 440.105 . . .
. . . Sectioris 440.09(4) and 440.105, Florida Statutes, are often referred to as the mechanisms that created . . . Accordingly, per section 440.09(4), the commission of “any” act of an employee prohibited by section . . . However, this formal dismissal of claims does not shield the Claimant from the reach of section 440.09 . . . The JCC erroneously required that for benefit denial under section 440.09(4), the E/C had to link the . . . Pursuant to section 440.09(4)(a), and having violated section 440.105, the Claimant is not entitled to . . .
. . . partial disability benefits and rejecting the affirmative defense of misrepresentation under paragraphs 440.09 . . . Under subsection 440.09(1), Florida Statutes (2014), an employer/carrier is responsible for providing . . . the injury, when compared to all other causes combined for which treatment or benefits are sought. § 440.09 . . .
. . . .” § 440.09(1), Fla. Stat. . . . Section 440.09(1) must be read in conjunction with section 440.02(1), which provides as follows: ... . . . Following qualification for the presumption, the claimant’s burden of proving MCC under section 440.09 . . . MCC is not revived as a required standard of proof for the claimant under sections 440.09(1) and 440.161 . . .
. . . of Compensation Claims (JCC) rejecting their affirmative defense of misrepresentation under sections 440.09 . . . intentionally engaged in” such acts “for the purpose of securing workers’ compensation benefits.” § 440.09 . . .
. . . See §§ 440.09(1); 440.11, Fla. Stat. . . .
. . . The medical causation defense appears in section 440.09(1), Florida Statutes: [T]he accidental compensable . . .
. . . See §§ 440.09, .10. . . .
. . . subsequently described in the joint pretrial stipulation as: “ ‘Misrepresentation,’ in violation of §§ 440.09 . . . And section 440.09(4)(a), Florida Statutes, bars benefits for an employee found to have “knowingly dr . . . misrepresentation defense under • rule 60Q-6.113(2)(h), which provides: Any defense 'raised pursuant to Sections 440.09 . . . with instructions to the JCC to determine whether Cláimant made “any” statements afoul of subsection 440.09 . . .
. . . See §§ 440.09(1), 440.13(14)(c), Fla. Stat. (2009). . . .
. . . The E/C filed a response to the petition, denying the claim based on sections 440.09(4) (intentional . . . in a majority of cases rather than the less stringent "proximate cause” standard in civil cases, § 440.09 . . . heightened burden of proof of “clear and convincing evidence” in some types of cases, §§ 440.02(1), 440.09 . . .
. . . Subsection 440.09(1), Florida Statutes (2010), provides: The employer must pay compensation or furnish . . . Claimant’s subjective complaints, standing alone, however, will not meet the requirements of subsection 440.09 . . .
. . . . § 440.09(1)). . . .
. . . See § 440.09(1)(b), Fla. . . . Proctor, 955 So.2d 637, 638 (Fla. 1st DCA 2007) (“[Section 440.09(l)(b) applies when a claimant’s need . . .
. . . Compare § 440.09(1), Fla. . . . performed in the course and scope of employment is the major contributing cause of the injury”), with § 440.09 . . .
. . . between the original work accident of 4/1/12 and claimant’s current need for psychiatric treatment, per § 440.09 . . . the burden to show that the April 1, 2012, Compensable workplace accident is the MCC for his PTSD. §§ 440.09 . . . See §§ 440.09, 440.13, Fla. Stat. (2011). . . .
. . . including new allegations and an additional (fourth) count seeking a declaratory judgment that sections 440.09 . . . Section 440.09 addresses the scope of coverage for on-job injuries. . . . .
. . . TTD) benefits on the grounds that Claimant made misrepresentations forfeiting benefits under sections 440.09 . . . Section 440.09(4) bars benefits for an employee found to have “knowingly or intentionally engaged in” . . . Notwithstanding these facts, Claimant argues that in every instance where section 440.09(4) is applied . . . But the plain text of section 440.09(4) suggests something different: “An employee shall not be entitled . . . At the time of Lessard, section 440.09(4) did not allow JCCs to make determinations of fraud (instead . . .
. . . Jones’s 1981 workplace injury, rather than the standard in section 440.09, Florida Statutes (2013), was . . . We reject the E/C’s argument that a selected portion of current version of section 440.09, relating to . . . Here, we conclude that the amendment to section 440.09 in 1994 affected Mr. . . . The JCC, therefore, properly declined to apply the current version of section 440.09 as to the causation . . .
. . . Claimant had not produced evidence of “objective relevant medical findings” as required by section 440.09 . . . this test at the insistence of the Employer/Servicing Agent (E/SA), based on the wording of section 440.09 . . . But Claimant argues the JCC used the wrong legal standard, because section 440.09 governs compensability . . . standard of causation in 1994, see chapter 93-415, section 5, at 76, Laws of Florida (amending section 440.09 . . . of the injured employee and are confirmed by physical examination findings or diagnostic testing.” § 440.09 . . .
. . . appeals a final order denying his claims for medical and indemnity benefits as barred under section 440.09 . . . Section 440.09(4)(a) provides that an employee who knowingly or intentionally violates subsections 440.105 . . . Accordingly, I concur that the JCC’s order denying Claimant’s claims as barred under section 440.09(4 . . . require the following in the parties' pretrial stipulation: Any defense raised pursuant to Sections 440.09 . . .
. . . We write, however, to clarify application of section 440.09(l)(b), Florida Statutes (2009). . . . Section 440.09(l)(b) provides: If an injury arising out of and in the course of employment combines with . . . See § 440.09(l)(b), Fla. . . . (amending section 440.09(l)(b) as of October 1, 2003, to require that major contributing cause be proven . . .
. . . order of the Judge of Compensation Claims (JCC) that concludes Claimant is disqualified, under section 440.09 . . . has, therefore, forfeited his entitlement to workers’ compensation benefits as directed by section 440.09 . . .
. . . employer had no agreement providing for workers’ compensation coverage for that private employment^] § 440.09 . . .
. . . .” § 440.09(1), Fla. Stat. (2010). . . .
. . . District analyzed section 440.105(4)(b)9 only as it applied to the denial of coverage under section 440.09 . . .
. . . Legislature’s adoption of the “major contributing cause” standard effective January 1, 1994, see sections 440.09 . . .
. . . See § 440.09, Fla. Stat. (2007). . . . physical injury, the mental or nervous injury would be compensable because it would meet the section 440.09 . . .
. . . wherein the Judge of Compensation Claims (JCC) rejected its partial affirmative defense under section 440.09 . . .
. . . .” § 440.09(1), Fla. Stat. (2011). . . . established to a reasonable degree of medical certainty, based on objective relevant medical findings [.] ” § 440.09 . . .
. . . Section 440.09(l)(a)-(b) sets forth the textual basis for coverage of injuries under chapter 440. . . . . § 440.09(1), Fla: Stat. (2005). . . . See § 440.09(l)(a)-(b), Fla. Stat. (2005). . . . In short, under the text of section 440.09(1)(a)-(b), MCC analysis cannot be performed in a vacuum or . . . Under the dictates of section 440.09(l)(b), Florida Statutes (2005), and this court’s relevant case law . . .
. . . . § 440.09(1). . . .
. . . Under section 440.09(1), Florida Statutes, as amended in 1994, pain is com-pensable only with objective . . .
. . . Paradise Ford, 951 So.2d 12, 16 (Fla, 1st DCA 2007) (recognizing that the 2003 amendments to section 440.09 . . .
. . . offense with the monetary amount of the noncriminal, administrative sanction available under section 440.09 . . . Section 440.09(4)(a) provides for a noncriminal, administrative sanction in the event that a claimant . . . Section 440.09(4)(a) states: An employee shall not be entitled to compensation or benefits under this . . . Escobar, 729 So.2d 1014, 1015 (Fla. 1st DCA 1999) (“[S]ection 440.09(4) ... does not limit a claimant . . . The First District has interpreted the sanction in section 440.09(4)(a) to result in the cessation of . . .
. . . . § 440.09 (2003). Thus, there is a need for a determination as to the injured party's status. . . . .
. . . Section 440.09(1), Florida Statutes (2007), provides: “The employer must pay compensation or furnish . . .
. . . to that EMA, and by doing so had forfeited all workers’ compensation benefits, as stated in sections 440.09 . . .
. . . . § 440.09(1). . . .
. . . .” § 440.09(1), Fla. Stat. (2010). See also Orange County MIS Dep’t v. . . .
. . . receives remuneration under employment contract, whether express or implied, oral or written); see also § 440.09 . . .
. . . Claimant’s accidental injuries, Claimant satisfied the major contributing cause requirement of sections 440.09 . . .
. . . /C or its attorney for violating section 440.105, it could have easily done so as it did in section 440.09 . . .
. . . . § 440.09(1) (“An employer must pay compensation or furnish benefits required by this chapter if the . . .
. . . Section 440.09(1), Florida Statutes (2009), requires that causation be established by clear and convincing . . . established to a reasonable degree of medical certainty, based on objective relevant medical findings.” § 440.09 . . . Accordingly, because claimant met her burden, as required by section 440.09(1), to prove that “[t]he . . .
. . . On appeal, the claimant argued that section 440.09(1)(b) did not apply because his injuries were caused . . . We determined that section 440.09(l)(b) was intended to apply only when a claimant’s need for treatment . . . Proctor, 955 So.2d 637, 638 (Fla. 1st DCA 2007) (holding that the E/C could not rely upon section 440.09 . . . See § 440.09(1), Fla. . . . Section 440.09(1 )(b) provides in part that "[i]f an injury arising out of and in the course of employment . . .
. . . treatment, I find that the major contributing cause standard and the criteria for compensability under F.S. 440.09 . . . resulting aggravation of the pre-exist-ing condition was the MCC of his need for treatment under section 440.09 . . . of employment is and remains the major contributing cause of the disability or need for treatment. § 440.09 . . . Farthing, 905 So.2d 925, 928 (Fla. 1st DCA 2005) (holding the MCC requirement of section 440.09(1)(b) . . . Oweis, 733 So.2d 1149, 1150 (Fla. 1st DCA 1999) (holding the MCC requirement in section 440.09(l)(b) . . .
. . . . § 440.09(4)(a), Fla. Stat. (2006). . . .
. . . on the first part of the coverage formula, “arising out of work performed,” as set forth in section 440.09 . . . doing an activity implicitly permitted by the Employer, the “arising out of’ requirement of section 440.09 . . . COURSE AND SCOPE INSUFFICIENT The coverage formula found in section 440.09(1) reads: “The employer must . . .
. . . . § 440.09(4)(a), Fla. Stat. (2006). . . . this court found could not serve as the predicate for disqualification from benefits under sections 440.09 . . .
. . . grounds Claimant violated section 440.105(4)(b), Florida Statutes (2006), and thus, pursuant to section 440.09 . . . Stat. 440.09(4) whether the Employee/Claimant had knowingly made false, fraudulent or misleading oral . . .
. . . See § 440.09(1), Fla. . . .
. . . a sufficient causal relationship between his accident and his injury, findings relevant to section 440.09 . . .
. . . provider, an IME, or an expert medical advisor is admissible in proceedings before the JCC); see also § 440.09 . . . See § 440.09(1), Fla. Stat. (2005); see generally Castillo v. E.I. . . .
. . . . § 440.09(1) (providing employer must pay compensation where employee suffers injury “arising out of . . .
. . . Section 440.09(l)(d), Florida Statutes (2007), provides that the Florida Workers’ Compensation Law covers . . . See § 440.09(l)(d), Fla. Stat. (2007). . . .
. . . Stat. 440.09(l)(b)), rev. denied, 980 So.2d 490 (Fla.2008). . . .
. . . of claimant’s attorney’s fees because, in defeating the affirmative defense contemplated by sections 440.09 . . . benefits are still payable because he prevailed in resisting the affirmative defense based on sections 440.09 . . . Section 440.09(4)(a), Florida Statutes (2009), located within the “coverage” provisions of chapter 440 . . . Stat.; and § 440.09(a), Fla. . . . Setting up the fraud defense under sections 440.09 and 440.105 put com-pensability at issue — and did . . .
. . . See §§ 440.09, 440.10(2), Fla. Stat. (2008). . . .
. . . occupational injuries and, thus, the JCC erred in applying the major contributing cause standard in section 440.09 . . . Here, the JCC, by application of the major contributing cause standard in section 440.09(l)(b) denied . . . Ford, 951 So.2d 12, 17 (Fla. 1st DCA 2007) (stating “it seems evident that the legislature intended [440.09 . . .
. . . . § 440.09. . . .
. . . The Judge of Compensation Claims initially denied the claim on the ground that section 440.09(1), Florida . . . provide an evaluation on the ground that there were no objective relevant medical findings under section 440.09 . . . Statutes (2007), and its test of whether the requested benefit is medically necessary, and not section 440.09 . . .
. . . concluding Claimant is not disqualified from receiving all compensation under the provisions of section 440.09 . . . The E/C fails to appreciate that the applicability of section 440.09(4)(a) (the provision of the Workers . . . established that claimant made criminal misrepresentation for purpose of securing employment, section 440.09 . . . , 929 So.2d 563 (Fla. 1st DCA 2006) (reversing for lack of CSE JCC’s disqualification under section 440.09 . . . Conclusion In essence, the E/C has interpreted section 440.09(4)(a) as a means of disqualifying a claimant . . .
. . . Analysis Section 440.09(1), Florida Statutes (2007), provides in relevant part: The injury, its occupational . . . See §§ 440.09(1) & 440.13(5)(e), Fla. Stat. (2007). . . .
. . . defined, however, and later applied in the context of the “major contributing cause” provision of section 440.09 . . . In Pearson, this court defined “preexisting condition,” for purposes of section 440.09(1)(b), to mean . . . This definition was subsequently adopted and applied in Proctor, wherein the court held that “section 440.09 . . .
. . . See § 440.09(1), Fla. Stat. (2007). . . .
. . . See § 440.09, Fla. Stat. (2007). . . . physical injury, the mental or nervous injury would be compensable because it would meet the section 440.09 . . .
. . . Section 440.09(1), Florida Statutes (2004), provides that “[t]he employer shall pay compensation or furnish . . .
. . . final order denying all of her claims for benefits pursuant to the so-called “fraud defense” in section 440.09 . . . See § 440.09(4)(a), 440.105(4)®, 440.106, Fla. Stat. . . . process by which an employee may be sanctioned for violating section 440.105 is set forth in section 440.09 . . . See § 440.09(4)(a), Fla. Stat. . . . Thus, not only does section 440.09(4) specifically authorize the JCC to determine whether an employee . . .
. . . The Pawtucket Police Manual of Procedures 440.09 provides that a supervisor is to be sent in addition . . .
. . . Claimant’s injuries to be a compensable aggravation of a preexisting condition pursuant to section 440.09 . . . Pursuant to section 440.09(1), Florida Statutes (2001), Claimant was required to prove the existence . . . Thus, pursuant to section 440.09(1)(b), Florida Statutes (2001), Claimant was further required to prove . . .
. . . 440.105(4)(b), and thus required a forfeiture of all workers’ compensation benefits pursuant to section 440.09 . . .
. . . Analysis Section 440.09(1), Florida Statutes (2008), requires: The injury, its occupational cause, and . . .
. . . . § 440.09(1). . . .
. . . . § 440.09(1). . . .
. . . found to have committed fraud with respect to those (different) benefits, in violation of sections 440.09 . . .
. . . condition, which is a recognized defense to a claim for workers’ compensation benefits under section 440.09 . . . compensable injury or death arising out of work performed in the course and the scope of employment.” § 440.09 . . .
. . . Judge of Compensation Claims (JCC) accepted the E/C’s position and denied all claims under section 440.09 . . . prohibited acts is not entitled to compensation or benefits under the workers’ compensation statute. § 440.09 . . .
. . . by the influence of any drugs, barbiturates, or other stimulants not prescribed by a physician-” § 440.09 . . . See § 440.09(7)(b), Fla. . . . When the presumption under section 440.09(7)(b), Florida Statutes, does not apply, employer/carriers . . . DSK Group, 821 So.2d 455, 456 (Fla. 1st DCA 2002) (quoting section 440.09(3)); see also Sterling, 580 . . .
. . . there were no objective relevant medical findings justifying the evaluation as required by section 440.09 . . . Section 440.09 is entitled “Coverage.” . . .
. . . includ-ing the allegation that Claimant is no longer entitled to benefits because he violated sections 440.09 . . .
. . . Section 440.09(3), Florida Statutes (2007), provides that “[c]ompensation is not payable if the injux-y . . .
. . . See §§ 440.09(4), 440.105(4)(b)l-3, Fla. Stat. (2005). . . . See §§ 440.09(4), 440.105(4)(b)l-3, Fla. Stat. . . .
. . . injury occurred in the course and scope of employment, as required for compensability under section 440.09 . . .
. . . The JCC concluded that the objective medical evidence requirement found in section 440.09(1), Florida . . .
. . . .” § 440.09(2), Fla. Stat. (1986). See also Escambia County Transit v. . . .
. . . See § 440.09(1), Fla. Stat. (2006). . . . See § 440.09(1), Fla. Stat. (2006); Mitchell v. . . . In pertinent part, this provision states: 440.09 Coverage.— (1) The employer must pay compensation or . . .
. . . State, Dep’t of Corr., 890 So.2d 1238, 1238 (Fla. 1st DCA 2005); see also § 440.09(1), Fla. . . .
. . . argued that this section did not apply to his claim, but, rather, the JCC should have applied section 440.09 . . . Section 440.09(1) requires a claimant establish a workplace accident was more than 50% responsible for . . . ” dictated Claimant had in fact suffered a mental or nervous injury, can substitute for the section 440.09 . . .
. . . for Indus., 772 So.2d 560, 561 (Fla. 1st DCA 2000) (rejecting an excessive fines challenge to section 440.09 . . .
. . . State, Dep’t of Corr., 890 So.2d 1238, 1238 (Fla. 1st DCA 2005); see also § 440.09(1), Fla. . . .
. . . The E/C argues that the JCC erred in its application of sections 440.105(4)(b)(9) and 440.09(4)(a), Florida . . . by claimant pursuant to section 440'.105(4)(b)(9) is sufficient to trigger the provisions of section 440.09 . . . Section 440.09(4)(a), Florida Statutes (2005), provides: An employee shall not be entitled to compensation . . . The E/C, on one hand, asserts that section 440.09(4)(a) should be read to mean that an employee shall . . . Claimant, on the other hand, interprets section 440.09(4)(a) differently. . . .