Florida Statute 440.093 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.093

440.093 Mental and nervous injuries.—

(1) A mental or nervous injury due to stress, fright, or excitement only is not an injury by accident arising out of the employment. Nothing in this section shall be construed to allow for the payment of benefits under this chapter for mental or nervous injuries without an accompanying physical injury requiring medical treatment. A physical injury resulting from mental or nervous injuries unaccompanied by physical trauma requiring medical treatment shall not be compensable under this chapter.

(2) Mental or nervous injuries occurring as a manifestation of an injury compensable under this chapter shall be demonstrated by clear and convincing medical evidence by a licensed psychiatrist meeting criteria established in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association. The compensable physical injury must be and remain the major contributing cause of the mental or nervous condition and the compensable physical injury as determined by reasonable medical certainty must be at least 50 percent responsible for the mental or nervous condition as compared to all other contributing causes combined. Compensation is not payable for the mental, psychological, or emotional injury arising out of depression from being out of work or losing employment opportunities, resulting from a preexisting mental, psychological, or emotional condition or due to pain or other subjective complaints that cannot be substantiated by objective, relevant medical findings.

(3) Subject to the payment of permanent benefits under s. 440.15, in no event shall temporary benefits for a compensable mental or nervous injury be paid for more than 6 months after the date of maximum medical improvement for the injured employee’s physical injury or injuries, which shall be included in the period of 104 weeks as provided in s. 440.15(2) and (4). Mental or nervous injuries are compensable only in accordance with the terms of this section.

History.—s. 7, ch. 2003-412.

F.S. 440.093 on Google Scholar

F.S. 440.093 on Casetext

Amendments to 440.093

Arrestable Offenses / Crimes under Fla. Stat. 440.093

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.093.

Annotations, Discussions, Cases:

Cases Citing Statute 440.093

Total Results: 16

Teresita De Jesus Abreu v. Riverland Elementary School and Broward County etc.

Court: District Court of Appeal of Florida | Date Filed: 2019-06-18

Snippet: throughout Chapter 440, Florida Statutes. See § 440.093(2), Fla. Stat. (requiring mental or nervous injuries

Kneer v. Lincare and Travelers Insurance

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 267 So. 3d 1077

Snippet: workers' compensation appeal, Claimant argues that § 440.093(3), Florida Statutes, is unconstitutional, and

Kneer v. Lincare and Travelers Insurance

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 267 So. 3d 1077

Snippet: workers' compensation appeal, Claimant argues that § 440.093(3), Florida Statutes, is unconstitutional, and

William Kneer v. Lincare and Travelers Insurance

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Snippet: workers’ compensation appeal, Claimant argues that § 440.093(3), Florida Statutes, is unconstitutional, and

Utopia Home Care/ Guarantee Ins. Co. v. Beatriz Alvarez

Court: District Court of Appeal of Florida | Date Filed: 2017-09-05

Citation: 230 So. 3d 72

Snippet: before us is the proper interpretation of section 440.093(3), Florida Statutes (2011). Under the plain meaning

Sierra v. Metropolitan Protective Services

Court: District Court of Appeal of Florida | Date Filed: 2015-09-30

Citation: 188 So. 3d 863, 2015 Fla. App. LEXIS 14510, 2015 WL 5714621

Snippet: compensa-ble psychiatric injury under section 440.093, Florida Statutes (2011). In the alternative, the

School Board v. Huben

Court: District Court of Appeal of Florida | Date Filed: 2015-06-22

Citation: 165 So. 3d 865, 2015 Fla. App. LEXIS 9474

Snippet: the award of TTD benefits contravenes section 440.093(3), which reads: Subject to the payment of permanent

McIntosh v. CVS Pharmacy

Court: District Court of Appeal of Florida | Date Filed: 2014-04-22

Citation: 135 So. 3d 1157, 2014 WL 1600449, 2014 Fla. App. LEXIS 5851

Snippet: authorized by the E/C, shared these opinions. Section 440.093(1), Florida Statutes (2010), the statutory provision

Sarasota County School Board/Optacomp v. Roberson

Court: District Court of Appeal of Florida | Date Filed: 2014-04-16

Citation: 135 So. 3d 587, 2014 WL 1467867, 2014 Fla. App. LEXIS 5494

Snippet: but did not similarly limit PTD benefits. See § 440.093(3), Fla. Stat (2003). The JCC’s reasoning is sound

Phillips-Huter v. Amstaff Human Resources

Court: District Court of Appeal of Florida | Date Filed: 2013-05-06

Citation: 116 So. 3d 466, 2013 WL 1859174, 2013 Fla. App. LEXIS 7288

Snippet: [psychiatric injury],” as required by section 440.093, Florida Statutes (2003). We agree with Claimant

ST. JOHNS RIVER POWER PARK/SCIBAL ASSOCIATES v. Griffis

Court: District Court of Appeal of Florida | Date Filed: 2010-10-18

Citation: 46 So. 3d 123, 2010 Fla. App. LEXIS 15799, 2010 WL 4059794

Snippet: injury. The relevant statutory provision is section 440.093(2), Florida Statutes (2004). Pursuant to this statute

McKenzie v. Mental Health Care, Inc./Summit Claims Center

Court: District Court of Appeal of Florida | Date Filed: 2010-07-23

Citation: 43 So. 3d 767, 2010 Fla. App. LEXIS 10802, 2010 WL 2873018

Snippet: compensation appeal, we are required to interpret section 440.093, Florida Statutes, enacted by the Florida Legislature

WG ROE & SONS v. Razo-Guevara

Court: District Court of Appeal of Florida | Date Filed: 2008-12-31

Citation: 999 So. 2d 708, 2008 Fla. App. LEXIS 20499, 2008 WL 5411656

Snippet: limited the award to six months by applying section 440.093(3), Florida Statutes (2004). This statute provides

Speed v. SECURITAS USA

Court: District Court of Appeal of Florida | Date Filed: 2008-08-27

Citation: 989 So. 2d 710, 2008 WL 3912577

Snippet: was not a compensable injury pursuant to section 440.093(1), Florida Statutes (2003). Claimant argued that

Footstar Corp. v. Doe

Court: District Court of Appeal of Florida | Date Filed: 2006-07-14

Citation: 932 So. 2d 1272, 2006 WL 1933413

Snippet: suffering, humiliation and emotional distress. See § 440.093, Fla. Stat. (2004) ("Nothing in this section shall

Adoue v. State

Court: Supreme Court of Florida | Date Filed: 1981-12-03

Citation: 408 So. 2d 567

Snippet: Supreme Court in Cady v. Dombrowski, 413 U.S. 433, 440, 93 S.Ct. 2523, 2527, 37 L.Ed.2d 706 (1973), where