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The 2024 Florida Statutes
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Total Results: 16
Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-18T00:53:00-07:00
Snippet: throughout Chapter 440, Florida Statutes. See § 440.093(2), Fla. Stat. (requiring mental or nervous injuries
Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-03T00:53:00-07:00
Snippet: workers’ compensation appeal, Claimant argues that § 440.093(3), Florida Statutes, is unconstitutional, and …months after a claimant reaches physical MMI. See § 440.093(3), Fla. Stat. The JCC agreed with the E/C’s argument…denied temporary disability benefits, citing § 440.093(3), as well as Utopia Home Care/Guarantee Insurance…Claimant brings a constitutional challenge to § 440.093(3)’s six-month limitation on temporary disability…physical MMI is reached. He argues first that § 440.093(3) unconstitutionally denies his access to the
Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-03T00:00:00-07:00
Citation: 267 So. 3d 1077
Snippet: x27; compensation appeal, Claimant argues that § 440.093(3), Florida Statutes, is unconstitutional, and …months after a claimant reaches physical MMI. See § 440.093(3), Fla. Stat. The JCC agreed with the E/C'…denied temporary disability benefits, citing § 440.093(3), as well as Utopia Home Care/Guarantee Insurance…Claimant brings a constitutional challenge to § 440.093(3)'s six-month limitation on temporary disability…physical MMI is reached. He argues first that § 440.093(3) unconstitutionally denies his access to the
Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-03T00:00:00-07:00
Citation: 267 So. 3d 1077
Snippet: x27; compensation appeal, Claimant argues that § 440.093(3), Florida Statutes, is unconstitutional, and …months after a claimant reaches physical MMI. See § 440.093(3), Fla. Stat. The JCC agreed with the E/C'…denied temporary disability benefits, citing § 440.093(3), as well as Utopia Home Care/Guarantee Insurance…Claimant brings a constitutional challenge to § 440.093(3)'s six-month limitation on temporary disability…physical MMI is reached. He argues first that § 440.093(3) unconstitutionally denies his access to the
Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-05T00:00:00-07:00
Citation: 230 So. 3d 72
Snippet: section 440.093. When the Legislature provided in the introductory phrase of section 440.093(3) that …before us is the proper interpretation of section 440.093(3), Florida Statutes (2011). Under the plain meaning…Nervous Injury. At all pertinent times, section 440.093(3) has provided as follows: ' Subject…the terms of this section. ' Section 440.093(3) must be interpreted in para materia … The subsections immediately preceding section 440.093(3) emphasize the requirement of an “accompanying
Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-30T00:00:00-07:00
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…Claimant met the burden of persuasion under section 440.093, the defénse based on MCC was supported by Dr. …workplace accident is the MCC for his PTSD. §§ 440.09, 440.093, Fla. Stat. (2011). But Claimant need not present
Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-22T00:00:00-07:00
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…in accordance with the terms of this section. § 440.093(3), Fla. Stat. (2006). In this case, it is undisputed…subject to the limitations set forth in Section 440.093(3),” which, the JCC ruled, “should be construed… that the TTD award here is subject to section 440.093(3); the statute applies here because Claimant received…contrast to the JCC’s understanding, we read section 440.093(3) to set a strict deadline after which no TTD
Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-22T00:00:00-07:00
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…not be compensable under this chapter. Section 440.093(2), Florida Statutes (2010), is not applicable …injury compensa-ble under this chapter.” Section 440.093 was addressed at length by this Court in McKenzie… determined that, with the addition of section 440.093 in 2003, the Legislature described four situations…closely parallels the second sentence in section 440.093(1). The McKenzie court determined that: This second
Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-16T00:00:00-07:00
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…in the 2003 amendments to chapter 440. Section 440.093 was enacted to specifically address “Mental and…2010), this Court, at length, discussed section 440.093 and concluded that the Legislature described four… round of amendments that *590produced section 440.093, the Legislature opted to place a limit on the …association with a compensable psychiatric injury. See § 440.093(3), Fla. Stat. (2003) (“in no event shall temporary
Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-06T00:00:00-07:00
Citation: 116 So. 3d 466, 2013 WL 1859174, 2013 Fla. App. LEXIS 7288
Snippet: JCC erred in applying section 440.093 to this case because section 440.093 presents the test for compensability… [psychiatric injury],” as required by section 440.093, Florida Statutes (2003). We agree with Claimant
Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-18T00:00:00-07:00
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… to all other contributing causes combined.” § 440.093(2), Fla. Stat. (2004). The questions posed to Dr
Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-23T00:00:00-07:00
Citation: 43 So. 3d 767, 2010 Fla. App. LEXIS 10802, 2010 WL 2873018
Snippet: of section 440.093(2). Because this issue requires us to interpret and apply section 440.093, our review… were not covered under section 440.093(2). As noted, section 440.093(2) addresses only those mental injuries…section 440.093(1), but made an argument based on the type of injury defined in section 440.093(2). Accordingly…compensation appeal, we are required to interpret section 440.093, Florida Statutes, enacted by the Florida Legislature… part of the 2003 Chapter 440 reforms. Section 440.093 discusses the four situations when mental or nervous
Court: Fla. Dist. Ct. App. | Date Filed: 2008-12-30T23:53:00-08:00
Citation: 999 So. 2d 708
Snippet: limited the award to six months by applying section 440.093(3), Florida Statutes (2004). This statute provides… [physical MMI]...." The scope of section 440.093(3), Florida Statutes, is an issue of first impression
Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-27T00:53:00-07:00
Citation: 989 So. 2d 710
Snippet: was not a compensable injury pursuant to section 440.093(1), Florida Statutes (2003). Claimant argued that…and thus was not compensable pursuant to section 440.093(1). Claimant contends that this statute is inapplicable…major contributing cause of his injury. Section 440.093(1), Florida Statutes (2003), provides: A mental…requiring medical treatment, and thus, section 440.093(1) precluded compensability of the heart attack…. Significantly, the first sentence of section 440.093(1) differentiates between mental or nervous injuries
Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-14T00:53:00-07:00
Citation: 932 So. 2d 1272
Snippet: suffering, humiliation and emotional distress. See § 440.093, Fla. Stat. (2004) ("Nothing in this section
Court: Fla. | Date Filed: 1981-12-02T23:53:00-08:00
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