Annotations, Discussions, Cases:
Cases Citing Statute 440.12
Total Results: 38
422 So. 2d 870
District Court of Appeal of Florida | Filed: Sep 23, 1982 | Docket: 1739930
Cited 46 times | Published
...However, we note that Section 440.15(3)(b)5. and 6. provide for an adjustment on account of inflation. We also have the view that changing economic conditions are necessarily reflected, at least to some extent, in the "statewide average weekly wage," (Section 440.12(2), (a) and (b)), and in the pre-injury wages received by an employee, which directly govern the amount of wage loss benefits recoverable....
137 So. 2d 553
Supreme Court of Florida | Filed: Feb 7, 1962 | Docket: 1475805
Cited 19 times | Published
...For convenience this section is set out in full: "Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined subject to limitations of subsection (2) of § 440.12 as follows: "(1) If the injured employee shall have worked in the employment in which he was working at the time of the injury, whether for the same or another employer, during substantially the whole of thirteen weeks immediately preceding...
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
...In January 1996, the claimant sustained a compensable work-related injury. The employer began paying temporary total disability benefits in February. The claimant's average weekly wages were $1,249.96, resulting in a weekly compensation rate of $833.35. However, by virtue of section 440.12(2), Florida Statutes (1995), the claimant's benefits were capped at the maximum compensation rate of $465.00 per week....
...SABILITY. (a) In case of disability total in character but temporary in quality, 662/3 percent of the average weekly wages shall be paid to the employee during the continuance thereof, not to exceed 104 weeks except as provided in this subsection, s. 440.12(1), and s....
...(3) PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS. (a) Impairment benefits. . . . . 3. .... Impairment income benefits are paid weekly at the rate of 50 percent of the employee's average weekly temporary total disability benefit not to exceed the maximum weekly benefit under s. 440.12....
...f temporary benefits, whichever occurs earlier.... The employer had concluded from section 440.15(3)(a)3 that the claimant was entitled to weekly impairment income benefits totaling 50 percent of the maximum compensation rate established pursuant to section 440.12(2), or $232.50, which sum it paid to the claimant....
...e of 50 percent of the employee's average weekly temporary total disability benefit" (emphasis added). It is undisputed that the claimant's "average weekly temporary total disability benefit" was the maximum compensation rate established pursuant to section 440.12(2), or $465.00 per week....
...Fifty percent of $465.00 is $232.50, the amount paid by the employer. Moreover, the interpretation of section 440.15(3)(a)3 proffered by the claimant and accepted by the judge of compensation claims incorrectly presumes that the phrase "not to exceed the maximum weekly benefit under s. 440.12" is intended to refer to the phrase "[i]mpairment income benefits," rather than to the phrase "the employee's average weekly temporary total disability benefit." Such a presumption would be at odds with the "doctrine of the last antecedent,...
...E.g., Southeastern Staffing Services, Inc. v. Department of Ins., 728 So.2d 248, 250 n. 7 (Fla. 1st DCA 1998); McKenzie Tank Lines, Inc. v. McCauley, 418 So.2d 1177, 1179-80 (Fla. 1st DCA 1982). Accordingly, we conclude that the phrase "not to exceed the maximum weekly benefit under s. 440.12" was intended to refer to the immediately preceding phrase, "the employee's average weekly temporary total disability benefit." *775 The claimant argues that such an interpretation renders the phrase "not to exceed the maximum weekly benefit under s. 440.12" redundant....
...However, the employer correctly notes that section 440.15(2)(b) provides that catastrophically injured employees are entitled to six months of temporary total disability benefits at a special maximum compensation rate of $700.00, rather than the lower maximum compensation rate set pursuant to section 440.12(2). Considering this, it appears to us that the phrase "not to exceed the maximum weekly benefit under s. 440.12" in section 440.15(3)(a)3 is intended to make clear that, for purposes of computing the rate of impairment income benefits, the amount of temporary total disability benefits is capped at the maximum compensation rate set pursuant to section 440.12(2), even if the claimant had received catastrophic temporary total disability benefits pursuant to section 440.15(2)(b) which exceeded the section 440.12(2) maximum compensation rate....
232 So. 2d 739
Supreme Court of Florida | Filed: Mar 11, 1970 | Docket: 1356011
Cited 16 times | Published
...contains the following provision: "Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined subject to limitations of subsection (2) of § 440.12 as follows: "(1) If the injured employee shall have worked in the employment in which he *741 was working at the time of the injury, whether for the same or another employer, during substantially the whole of thirteen weeks immediately prec...
332 So. 2d 23
Supreme Court of Florida | Filed: Apr 28, 1976 | Docket: 1314487
Cited 8 times | Published
... Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined subject to limitations of subsection (2) of § 440.12 as follows: * * * * * "(4) If it be established that the injured employee was a minor when injured, and that under normal conditions his wages should be expected to increase during the period of disability the fact may be considered in arriving at his average weekly wages." § 440.14(4), Fla....
73 So. 2d 51, 1954 Fla. LEXIS 1493
Supreme Court of Florida | Filed: Jun 4, 1954 | Docket: 1796172
Cited 7 times | Published
...t of * * * $630.00," representing maximum weekly compensation payments for each week of the 18-week period over which the employer's advance payments extended, less one payment made during the statutory 4-day waiting period after the date of injury. Section 440.12, Florida Statutes 1953, F.S.A....
...be reimbursed out of any unpaid installment or installments of compensation due" under the award and judgment in question. *56 Section 440.20(11), supra. (Emphasis supplied.) And that provision is not by its terms made subject to the restrictions of section 440.12 of the compensation law, with reference to computation of allowable compensation....
793 So. 2d 1081, 2001 Fla. App. LEXIS 11252, 2001 WL 904228
District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 1266270
Cited 7 times | Published
...Dohenythe judge of compensation claims interpreted the psychiatrist's testimony as referring to a single twenty-four hour period, and concluded that appellant was not eligible for indemnity benefits because he did not prove a disability lasting longer than seven days, as required by section 440.12(1), Florida Statutes (2000)....
412 So. 2d 64
District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 1525903
Cited 7 times | Published
...§ 424a; however, claimant did present evidence of unsuccessful efforts to obtain a determination of such amount from the social security administration. The deputy commissioner held that, regardless of the offset, claimant is entitled to the $20 per week minimum compensation provision of § 440.12(2)....
457 So. 2d 547
District Court of Appeal of Florida | Filed: Oct 9, 1984 | Docket: 426226
Cited 5 times | Published
...Arslanian's release of claimant from his treatment program in June of 1983, based on Dr. Arslanian's belief that continuing treatment would be futile. In such circumstances, as we acknowledged in Sears, Roebuck and Company v. Viera, 440 So.2d 49, 51 (Fla. 1st DCA 1983) (quoting from the deputy commissioner), Section 440.12(2), Florida Statutes (1981), requires an E/C whose authorized physicians are objected to by a claimant who seeks alternative treatment to either select a physician to provide such care to the claimant or to seek a ruling from the deput...
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
weekly compensation allowed, as limited by Section 440.12, Florida Statutes of 1941, as it stood at the
622 So. 2d 515, 1993 WL 274215
District Court of Appeal of Florida | Filed: Jul 22, 1993 | Docket: 1528985
Cited 4 times | Published
...tion 440.15(3)(b)(1), Florida Statutes (Supp. 1990), pertaining to a worker's entitlement to wage-loss benefits, provides that "[s]uch benefits shall be based on actual wage loss and shall not be subject to the minimum compensation rate set forth in s. 440.12(2)." (Emphasis added.) Subsection (3)(b)(2) states: "The amount determined to be the salary, wages, and other remunerations the employee is able to earn after reaching the date of maximum medical improvement shall in no case be less than the sum actually being earned by the employee......
...NOTES [1] Section 44-511(b)(5), Kansas Statutes Annotated (Supp. 1984), provides that a worker's AWW shall be computed by dividing the total amount of wages received either by 26 weeks preceding the accident or by the number of weeks "so employed." [2] Section 440.12(2), Florida Statutes (1989), does provide that compensation for disability for injuries occurring after December 31, 1974 shall not be less than $20 per week, but if the worker's wages are less than such amount, his or her compensation shall be based upon the full amount of the wages received....
392 So. 2d 910
District Court of Appeal of Florida | Filed: Jan 16, 1980 | Docket: 1268801
Cited 3 times | Published
...Appellants' petition for rehearing is denied but their request for clarification of the Court's opinion of 30 September 1980 is granted; the opinion is withdrawn; and this opinion substituted for it. This appeal raises the sole question of the effective date of Section 440.12(2)(a), Florida Statutes, as amended by the 1979 Legislature. The enactments at issue are Chapter 79-40 and Chapter 79-312, Laws of Florida. Section 7 of Chapter 79-40 provided that Section 440.12(2)(a), Florida Statutes "shall apply only to injuries occurring on or after July 1, 1979." Section 127 of Chapter 79-40 provided, "[T]his act shall apply to all claims for injury arising out of accidents occurring on or after July 1, 1...
...ubsequently, Chapter 79-312 was passed which amended many sections of the workers' compensation law, including many of those amended by Chapter 79-40; however, Chapter 79-312 did not amend Section 7 of Chapter 79-40 or, in other words, did not amend Section 440.12 of the Florida Statutes....
...Section 1.04, Florida Statutes (1979), provides that amendatory acts passed in the same legislative session are to be read in pari materia and "full effect is to be given to each, if that is possible." The order of the Deputy Commissioner finding the effective date of 440.12(2)(a), as amended by the 1979 Legislature, to be July 1, 1979, is AFFIRMED....
733 So. 2d 1076, 1999 WL 280805
District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 1188887
Cited 2 times | Published
...Claimant was paid her full pay pursuant to this accident leave policy for the period beginning October 12, 1988 and ending January 10, 1989. [2] Claimant's salary exceeded the statewide average weekly wage, and she was subject to the statutory cap of section 440.12(2), Florida Statutes (1987)....
194 So. 3d 311, 2016 WL 3191086
Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072274
Cited 2 times | Published
accordingly employ those same designations here. . Section 440.12(1), Florida Statutes (2009), provides: "No
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
...er 42 U.S.C. ss. 402 and 423, does not exceed 80 percent of the employee's average weekly wage. (Emphasis added.) The "[w]eekly compensation benefits" payable to the claimant pursuant to chapter 440, Florida Statutes, were capped in 1994 at $444.00. § 440.12(2), Fla....
...ve been calculated at 50 percent of the maximum compensation rate, rather than at 50 percent of 66 2/3 percent of the average weekly wage where the amount of temporary total disability benefits was capped at the maximum compensation rate pursuant to section 440.12(2))....
129 So. 2d 414
Supreme Court of Florida | Filed: May 5, 1961 | Docket: 60197306
Cited 1 times | Published
the methods provided by Section 440.14(1) and Section 440.12(2) cannot reasonably and fairly be applied
140 So. 2d 570
Supreme Court of Florida | Filed: Jan 31, 1962 | Docket: 60204354
Cited 1 times | Published
established maximum weekly compensation limit under § 440.12(2).
416 So. 2d 1132
District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 1655058
Cited 1 times | Published
...1st DCA 1981), which held the change *1133 to be procedural and applicable regardless of the date of the accident. Both parties have also pointed out that, if the offset for the dependents' benefits is permitted, this court must decide whether Florida Statutes, § 440.12(2) [2] still mandates that claimant receive minimum workers' compensation benefits of $20 per week even though social security benefits payable to him and his wife and son exceed 80 percent of his average weekly wage, the maximum compensation permitted by § 440.15(10)(a), supra. There is no decisional precedent directly on point. [3] The purpose and application of § 440.12(2) remains, as with predecessor provisions commencing with the original enactment of the Workmen's Compensation Act, [4] to provide a legislatively mandated minimum "compensation," a term defined in § 440.02(11) [5] of the present Act. Because § 440.12(2) provides a minimum for "compensation," and because compensation is defined by § 440.02(11) as money payable "as provided for in this chapter," we conclude that money payable under social security laws is not money payable under Chapter 440 or provided for therein....
...roceedings consistent herewith. BOOTH, SHAW and WENTWORTH, JJ., concur. ON MOTION FOR CLARIFICATION PER CURIAM. Because money payable under social security laws is not "compensation" as defined by § 440.02(11), the minimum compensation provision of § 440.12(2) is unaffected by the receipt of social security benefits. Claimant is entitled to the § 440.12(2) minimum compensation payments despite any § 440.15(10)(a) offset which would otherwise be applicable....
...d to benefits under this chapter, under 42 U.S.C. §§ 423 and 402, does not exceed 80 percent of the employee's average weekly wage... . [emphasis supplied] [*] The words "and his dependents" were added by the 1979 amendments. [2] Florida Statutes, § 440.12(2): Compensation for disability resulting from injuries which occur after December 31, 1974, shall not be less than $20 per week... . [3] See, American Bankers Insurance Co. v. Little, 393 So.2d 1063 (Fla. 1980), wherein claimant's workers' compensation benefits were reduced to four cents per week after offset for social security benefits, but § 440.12(2) was, apparently, not considered....
646 So. 2d 790, 1994 WL 668210
District Court of Appeal of Florida | Filed: Dec 1, 1994 | Docket: 1405098
Cited 1 times | Published
...efits. Had the Legislature desired to place this 14 day limitation period on temporary partial disability benefits, it could easily have added similar language to subsection (4)(b) of section 440.15 or could have placed a 14 day limitation period in section 440.12, a statute which contains other restrictions generally applicable to all benefit payments....
110 So. 2d 455, 1959 Fla. App. LEXIS 3167
District Court of Appeal of Florida | Filed: Apr 2, 1959 | Docket: 60192129
Cited 1 times | Published
weeks except as provided in subsection (1) of § 440.-12.” The subsection just referred to provides that
148 So. 2d 13
Supreme Court of Florida | Filed: Oct 24, 1962 | Docket: 60209051
Published
determined subject to limitations of subsection (2) of § 440.12 as follows: “(1) If the injured employee shall
75 So. 2d 207, 1954 Fla. LEXIS 1786
Supreme Court of Florida | Filed: Oct 19, 1954 | Docket: 64486005
Published
subject to the limits provided in subsection (2) of § 440.12 and shall shall not exceed, for all dependents
215 So. 2d 735, 1968 Fla. LEXIS 2084
Supreme Court of Florida | Filed: Nov 13, 1968 | Docket: 64507323
Published
addition to the monetary compensation benefits, Section 440.12(1) of the Act requires the employer and/or
412 So. 2d 897, 1982 Fla. App. LEXIS 19568
District Court of Appeal of Florida | Filed: Mar 29, 1982 | Docket: 64589332
Published
that case, we held that the effective date of Section 440.-12(2)(a) was July 1,1980. This section does not
Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108655
Published
employee reaches the maximum number 4. Section 440.12(1), Florida Statutes (2009), provides: “No
District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962102
Published
five days of temporary benefits were awarded, section 440.12(1), Florida Statutes, barred entitlement. 3
251 So. 3d 318
District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7510958
Published
disagree on both counts. First, nothing in section 440.12(12)(c) supports the notion that financial need
393 So. 2d 612, 1981 Fla. App. LEXIS 19439
District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 64580184
Published
determination made by the deputy commissioner that Section 440.12(2)(a), Florida Statutes, as amended by Chapter
406 So. 2d 1285, 1981 Fla. App. LEXIS 21984
District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 64586672
Published
of the effective date of the 1979 amendments to § 440.12(2)(a), Florida Statutes, regarding the maximum
418 So. 2d 417, 1982 Fla. App. LEXIS 20981
District Court of Appeal of Florida | Filed: Aug 19, 1982 | Docket: 64591796
Published
her minimum $20 weekly payments pursuant to Section 440.12. We modify the order below and affirm as modified
397 So. 2d 390, 1981 Fla. App. LEXIS 19335
District Court of Appeal of Florida | Filed: Apr 22, 1981 | Docket: 64582134
Published
medical improvement in 1979. In pertinent part, Section 440.-12(3), Florida Statutes (1978), states: “The provisions
185 So. 2d 476, 1966 Fla. LEXIS 3640
Supreme Court of Florida | Filed: Apr 13, 1966 | Docket: 64496481
Published
$8.00 per week under Section 440.15(2) and Section 440.12(2), Florida Statutes, F.S.A. On review the
