Cases from cite.case.law:

ANDERSON, v. BROWARD COUNTY SHERIFF S OFFICE, 251 So. 3d 318 (Fla. App. Ct. 2018)

. . . First, nothing in section 440.12(12)(c) supports the notion that financial need should not be considered . . .

SINCLAIR, v. MANORCARE HEALTH SERVICES- DUNEDIN, HCR, 224 So. 3d 331 (Fla. Dist. Ct. App. 2017)

. . . Section 440.12(1), Florida Statutes (2013), provides that “[c]ompensation is not allowed for the first . . . Given the error of law, remand is required for correct application of section 440.12(1) to the facts . . .

A. JIMINEZ, v. UNITED PARCEL SERVICE, 226 So. 3d 317 (Fla. Dist. Ct. App. 2017)

. . . challenged as unconstitutional the statutory cap on the weekly compensation rate set out in subsection 440.12 . . .

ECKERT, v. PINELLAS COUNTY SHERIFF S OFFICE, 215 So. 3d 161 (Fla. Dist. Ct. App. 2017)

. . . average weekly temporary total disability benefit not to exceed the maximum weekly benefit under s. 440.12 . . .

WESTPHAL, v. CITY OF ST. PETERSBURG, St. v., 194 So. 3d 311 (Fla. 2016)

. . . during the continuance there-of, not to exceed 104 weeks except as provided in this subsection, s. 440.12 . . . Section 440.12(1), Florida Statutes (2009), provides: "No compensation shall be allowed for the first . . .

BOX, v. TALLAHASSEE FIRE DEPARTMENT CITY OF TALLAHASSEE,, 160 So. 3d 133 (Fla. Dist. Ct. App. 2015)

. . . average weekly temporary total disability benefit not to exceed the maximum weekly benefits under s. 440.12 . . .

HERNANDO COUNTY SHERIFF S OFFICE v. SIKALOS, Jr., 141 So. 3d 1236 (Fla. Dist. Ct. App. 2014)

. . . See § 440.12(2), Fla. . . .

CANNINO, v. PROGRESSIVE EXPRESS INSURANCE CO., 58 So. 3d 275 (Fla. Dist. Ct. App. 2010)

. . . workers’ compensation insurance covers medical bills and wage loss, albeit at different levels, §§ 440.12 . . .

SEMINOLE COUNTY GOVERNMENT v. BAUMGARDNER,, 28 So. 3d 145 (Fla. Dist. Ct. App. 2010)

. . . average weekly temporary total disability benefit not to exceed the maximum weekly benefit under s. 440.12 . . .

In YATKO A. v., 416 B.R. 193 (Bankr. W.D.N.C. 2008)

. . . (l-440.12), (b) a summons (1-440.23), and (c) a notice of levy (1-440.24). N.C. Gen.Stat. 1-440.25. . . .

STUBBS, v. BOB DALE CONSTRUCTION, 977 So. 2d 718 (Fla. Dist. Ct. App. 2008)

. . . basis upon which to compute compensation and shall 'be determined, subject to the limitations of s. 440.12 . . .

SONNY GLASSBRENNER, INC. v. DOWLING,, 913 So. 2d 82 (Fla. Dist. Ct. App. 2005)

. . . basis upon which to compute compensation and shall be determined, subject to the limitations of s. 440.12 . . .

OSCEOLA COUNTY SCHOOL BOARD v. BOOS,, 912 So. 2d 667 (Fla. Dist. Ct. App. 2005)

. . . temporary disability benefits based upon the $20 per week minimum compensation rate referenced in section 440.12 . . . maintained that the award might be made at the $20 per week minimum compensation rate referenced in section 440.12 . . . compensation for temporary disability was nevertheless awarded at the minimum rate provided in section 440.12 . . . The judge recognized this in awarding compensation at the minimum rate under section 440.12(2), but this . . .

BESTONE EAST COAST USA CORP. v. SANCHEZ,, 899 So. 2d 379 (Fla. Dist. Ct. App. 2005)

. . . Section (l)(b) provides that death benefits “shall be subject to the limits provided in s. 440.12(2), . . .

VREULS, v. PROGRESSIVE EMPLOYER SERVICES RSKCo,, 881 So. 2d 688 (Fla. Dist. Ct. App. 2004)

. . . follows: Compensation for disability shall be paid to the employee, subject to the limits provided in s. 440.12 . . . the maximum weekly compensation rate in effect at the time of payment as determined pursuant to s. 440.12 . . . The compensation provided by this paragraph is not subject to the limits provided in s. 440.12(2), but . . .

ORANGE COUNTY CORRECTIONS v. SUMMERS,, 870 So. 2d 952 (Fla. Dist. Ct. App. 2004)

. . . While the statutory maximum compensation rate set forth in section 440.12(2), Florida Statutes, applies . . .

C. JAMES, Sr. v. ARMSTRONG WORLD INDUSTRIES, INC., 864 So. 2d 1132 (Fla. Dist. Ct. App. 2003)

. . . basis upon which to compute compensation and shall be determined, subject to the limitations of s. 440.12 . . .

REAVES, v. UNITED PARCEL SERVICE, 792 So. 2d 688 (Fla. Dist. Ct. App. 2001)

. . . basis upon which to compute compensation and shall be determined, subject to the limitations of s. 440.12 . . .

JACKSON, v. HOCHADEL ROOFING CO., 794 So. 2d 668 (Fla. Dist. Ct. App. 2001)

. . . the maximum weekly compensation rate in effect at the time of payment as determined pursuant to s. 440.12 . . .

JEFFERSON, v. WAYNE DALTON CORPORATION HARTFORD,, 793 So. 2d 1081 (Fla. Dist. Ct. App. 2001)

. . . benefits because he did not prove a disability lasting longer than seven days, as required by section 440.12 . . .

FLORIDA POWER CORPORATION RSKCO, v. VAN LOAN,, 764 So. 2d 708 (Fla. Dist. Ct. App. 2000)

. . . . § 440.12(2), Fla. Stat. (1993). . . . temporary total disability benefits was capped at the maximum compensation rate pursuant to section 440.12 . . .

CITY OF ST. PETERSBURG, v. NASWORTHY,, 751 So. 2d 772 (Fla. Dist. Ct. App. 2000)

. . . However, by virtue of section 440.12(2), Florida Statutes (1995), the claimant’s benefits were capped . . . average weekly temporary total disability benefit not to exceed the maximum weekly benefit under s. 440.12 . . . income benefits totaling 50 percent of the maximum compensation rate established pursuant to section 440.12 . . . temporary total disability benefit” was the maximum compensation rate established pursuant to section 440.12 . . . Accordingly, we conclude that the phrase “not to exceed the maximum weekly benefit under s. 440.12” was . . .

CITY OF CLEARWATER, v. ACKER, v. v., 755 So. 2d 597 (Fla. 1999)

. . . the maximum weekly compensation rate in effect at the time of payment as determined pursuant to s. 440.12 . . .

DEPARTMENT OF CHILDREN FAMILIES, f k a HRS, Of v. MONROE,, 744 So. 2d 1163 (Fla. Dist. Ct. App. 1999)

. . . the maximum weekly compensation rate in effect at the time of payment as determined pursuant to s. 440.12 . . .

NOLAN, v. DELTA AIRLINES, 733 So. 2d 1076 (Fla. Dist. Ct. App. 1999)

. . . salary exceeded the statewide average weekly wage, and she was subject to the statutory cap of section 440.12 . . .

AMERICANA DUTCH HOTEL Co. v. McWILLIAMS,, 733 So. 2d 536 (Fla. Dist. Ct. App. 1999)

. . . the maximum weekly compensation rate in effect at the time of payment as determined pursuant to s. 440.12 . . .

WAL- MART STORES v. CAMPBELL,, 694 So. 2d 136 (Fla. Dist. Ct. App. 1997)

. . . basis upon which to compute compensation and shall be determined, subject to the limitations of s. 440.12 . . .

BARNETT BANK OF VOLUSIA COUNTY v. PELLE,, 684 So. 2d 311 (Fla. Dist. Ct. App. 1996)

. . . .— Compensation for disability shall be paid to the employee, subject to the limits provided in s. 440.12 . . .

UNIVERSITY OF FLORIDA v. BOWENS,, 677 So. 2d 942 (Fla. Dist. Ct. App. 1996)

. . . basis upon which to compute compensation and shall be determined, subject to the limitations of s. 440.12 . . .

BRADLEY, v. HURRICANE RESTAURANT, 670 So. 2d 162 (Fla. Dist. Ct. App. 1996)

. . . employee during the continuance thereof, not to exceed 104 weeks except as provided in this subsection, s. 440.12 . . . average weekly temporary total disability benefit not to exceed the maximum weekly benefit under s. 440.12 . . .

BRIDGES, v. MOTOROLA, INC., 646 So. 2d 790 (Fla. Dist. Ct. App. 1994)

. . . language to subsection (4)(b) of section 440.15 or could have placed a 14 day limitation period in section 440.12 . . .

J. BLIND, v. IT S A BIT FISHY, INC., 639 So. 2d 703 (Fla. Dist. Ct. App. 1994)

. . . basis upon which to compute compensation and shall be determined, subject to the limitations of s. 440.12 . . .

L. WALDORF, v. JEFFERSON COUNTY SCHOOL BOARD, 622 So. 2d 515 (Fla. Dist. Ct. App. 1993)

. . . based on actual wage loss and shall not be subject to the minimum compensation rate set forth in s. 440.12 . . . Section 440.12(2), Florida Statutes (1989), does provide that compensation for disability for injuries . . .

SPECIAL DISABILITY TRUST FUND, v. STEPHENS, LYNN, CHERNAY KLEIN, SPECIAL DISABILITY TRUST FUND, v. CENTRAL STATES DIVERSIFIED, INC., 595 So. 2d 206 (Fla. Dist. Ct. App. 1992)

. . . .— Compensation for disability shall be paid to the employee, subject to the limits provided in s. 440.12 . . .

In C. DEVINE, J., 131 B.R. 952 (Bankr. S.D. Tex. 1991)

. . . maintenance, $935.17 in florist’s bills and $2,049.94 to Sears, including $1,531.53 for a new lawn mower and $440.12 . . .

GRIFFIN, v. ORLANDO REGIONAL MEDICAL CENTER, 578 So. 2d 448 (Fla. Dist. Ct. App. 1991)

. . . years since the date of injury and subject to the maximum weekly compensation rate set forth in s. 440.12 . . .

PLATT, v. R. C. PROPERTY, 574 So. 2d 176 (Fla. Dist. Ct. App. 1991)

. . . years since the date of injury and subject to the maximum weekly compensation rate set forth in s. 440.12 . . .

CHRISTIAN, v. CAROLINA FREIGHT CARRIER CORPORATION,, 571 So. 2d 524 (Fla. Dist. Ct. App. 1990)

. . . Subject to the maximum compensation rate as set forth in s. 440.12(2), such wage-loss benefits shall . . .

COLLINS, v. TIMBER, 536 So. 2d 351 (Fla. Dist. Ct. App. 1988)

. . . See § 440.12(1), Fla.Stat. (1987). . . .

MURPHREE BRIDGE CORPORATION v. B. BROWN,, 492 So. 2d 451 (Fla. Dist. Ct. App. 1986)

. . . paid to the employee during the continuance thereof, not to exceed 350 weeks except as provided in s.440.12 . . . ‘based on actual wage-loss and shall not be subject to the minimum compensation rate set forth in s.440.12 . . .

BOYNTON LANDSCAPE COMPANY v. DICKINSON,, 487 So. 2d 1106 (Fla. Dist. Ct. App. 1986)

. . . years since the date of injury, and subject to the maximum weekly compensation rate set forth in s. 440.12 . . .

POLOTE CORPORATION v. MEREDITH,, 482 So. 2d 515 (Fla. Dist. Ct. App. 1986)

. . . years since the date of injury and subject to the maximum weekly compensation rate set forth in s. 440.12 . . .

SHIPP, v. STATE WORKERS COMPENSATION TRUST FUND,, 481 So. 2d 76 (Fla. Dist. Ct. App. 1986)

. . . years since the date of injury and subject to the maximum weekly compensation rate set forth in s. 440.12 . . .

B. KLASE, v. WENDY S OLD FASHIONED HAMBURGERS, 466 So. 2d 441 (Fla. Dist. Ct. App. 1985)

. . . workers’ compensation order denying the $20 per week minimum disability compensation provision of Section 440.12 . . . consider the significance of this court’s holding in Davis, i.e., “[t]he purpose and application of § 440.12 . . . Claimant is entitled to the § 440.12(2) minimum compensation payments despite any § 440.15(10)(a) offset . . . Implicit in this court’s decisions in Davis and Letcavage is a finding that Section 440.12(2) is substantive . . . MILLS and BARFIELD, JJ., concur. . § 440.12(2), Fla.Stat. (1975), provides in relevant part: Compensation . . .

BRADLEY CONSTRUCTION v. WHITE,, 457 So. 2d 547 (Fla. Dist. Ct. App. 1984)

. . . Viera, 440 So.2d 49, 51 (Fla. 1st DCA 1983) (quoting from the deputy commissioner), Section 440.12(2) . . .

DIVISION OF WORKERS COMPENSATION, BUREAU OF CRIMES COMPENSATION, v. BREVDA,, 420 So. 2d 887 (Fla. Dist. Ct. App. 1982)

. . . average between the maximum and the minimum awards listed in the applicable portions of ss. 440.15 and 440.12 . . .

LETCAVAGE, v. JOHN BIGGIE CO., 418 So. 2d 417 (Fla. Dist. Ct. App. 1982)

. . . 440.15(10)(a) retroactively and erred in denying her minimum $20 weekly payments pursuant to Section 440.12 . . . commissioner, however, erred in failing to grant minimum weekly $20 payments as provided for in Section 440.12 . . .

REGENCY INN, v. JOHNSON,, 422 So. 2d 870 (Fla. Dist. Ct. App. 1982)

. . . are necessarily reflected, at least to some extent, in the “statewide average weekly wage,” (Section 440.12 . . .

COLONEL S TABLE Co. v. T. MALENA,, 412 So. 2d 64 (Fla. Dist. Ct. App. 1982)

. . . regardless of the offset, claimant is entitled to the $20 per week minimum compensation provision of § 440.12 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. A. DAVIS,, 416 So. 2d 1132 (Fla. Dist. Ct. App. 1981)

. . . offset for the dependents’ benefits is permitted, this court must decide whether Florida Statutes, § 440.12 . . . The purpose and application of § 440.12(2) remains, as with predecessor provisions commencing with the . . . Because § 440.12(2) provides a minimum for “compensation,” and because compensation is defined by § 440.02 . . . Florida Statutes, § 440.12(2): Compensation for disability resulting from injuries which occur after . . . compensation benefits were reduced to four cents per week after offset for social security benefits, but § 440.12 . . . security laws is not “compensation” as defined by § 440.02(11), the minimum compensation provision of § 440.12 . . . Claimant is entitled to the § 440.12(2) minimum compensation payments despite any § 440.15(10)(a) offset . . .

L. HUNTER, v. RICHIE S ECONOMY CARS, 406 So. 2d 1285 (Fla. Dist. Ct. App. 1981)

. . . benefits was based upon an erroneous determination of the effective date of the 1979 amendments to § 440.12 . . . the decision in Lovett was made without the benefit of Chapter 80-236, which specifically amended § 440.12 . . . Our reversal of the deputy on the effective date of the maximum compensation rates under § 440.12(2)( . . .

PEACOCK FRUIT AND CATTLE CORPORATION Co. v. E. PRESCOTT,, 397 So. 2d 390 (Fla. Dist. Ct. App. 1981)

. . . Section 440.12(2), Florida Statutes (1973), governing appellant’s accident, provides that compensation . . .

CLERICI MASONRY AND PLASTER R. P. v. M. PROFIT,, 393 So. 2d 612 (Fla. Dist. Ct. App. 1981)

. . . Appellants challenge the determination made by the deputy commissioner that Section 440.12(2)(a), Florida . . .

GUNITE WORKS, INC. v. LOVETT,, 392 So. 2d 910 (Fla. Dist. Ct. App. 1980)

. . . This appeal raises the sole question of the effective date of Section 440.12(2Xa), Florida Statutes, . . . Section 7 of Chapter 79-40 provided that Section 440.12(2)(a), Florida Statutes “shall apply only to . . . , Chapter 79-312 did not amend Section 7 of Chapter 79-40 or, in other words, did not amend Section 440.12 . . . The order of the Deputy Commissioner finding the effective date of 440.12(2)(a), as amended by the 1979 . . .

In McLARTY INDUSTRIES, INC. RENFRO CORPORATION, v. McLARTY INDUSTRIES, INC., 2 B.R. 68 (Bankr. N.D. Ga. 1979)

. . . . § 1-440.12 (Chemical’s emphasis) Another argument raised by Chemical pertains to the bond and surety . . .

POLLOCK, J. M. v. GOVAN CONSTRUCTION COMPANY, a, 541 F.2d 1119 (5th Cir. 1976)

. . . 440.16(2) below), but such compensation shall be subject to the limits provided in subsection (2) of § 440.12 . . .

C. BOATRIGHT v. CITY OF JACKSONVILLE, a, 334 So. 2d 339 (Fla. Dist. Ct. App. 1976)

. . . “The liability of the City to the injured employee was fixed by Chapter 440.11, 440.12 and 440.15, Florida . . .

E. SIZEMORE, v. CANAVERAL PORT AUTHORITY,, 332 So. 2d 23 (Fla. 1976)

. . . which to compute compensation and shall be determined subject to limitations of subsection (2) of § 440.12 . . .

PENUEL, v. CENTRAL CRANE SERVICE,, 232 So. 2d 739 (Fla. 1970)

. . . which to compute compensation and shall be determined subject to limitations of subsection (2) of § 440.12 . . .

PINELLAS TOWERS, INC. v. OSBORNE, 215 So. 2d 735 (Fla. 1968)

. . . present case holds on this point: “ * * * In addition to the monetary compensation benefits, Section 440.12 . . . When one views the provisions of Section 440.25(1) of the Act in light of the provisions of Section 440.12 . . .

KEPLING v. SCHLUETER MANUFACTURING CO. a, 378 F.2d 5 (6th Cir. 1967)

. . . . § 19.252, Comp.Laws 1948, § 440.12. See also Barron v. . . .

SCHEL, v. CITY OF MIAMI, a, 193 So. 2d 170 (Fla. 1966)

. . . Secs. 440.12, 440.20(2), F.S.A. . F.S. Sec. 440.20(10), F.S.A. Cf. Sullivan v. . . .

JONES SHUTTER PRODUCTS, INC. v. JACKSON, 185 So. 2d 476 (Fla. 1966)

. . . $10.00 (8 hours at $1.25) and awarded benefits of $8.00 per week under Section 440.15(2) and Section 440.12 . . .

C. WOLF, v. CITY OF ALTAMONTE SPRINGS, 148 So. 2d 13 (Fla. 1962)

. . . which to compute compensation and shall be determined subject to limitations of subsection (2) of § 440.12 . . .

J. J. MURPHY SON, INC. v. GIBBS, 137 So. 2d 553 (Fla. 1962)

. . . which to compute compensation and shall be determined subject to limitations of subsection (2) of § 440.12 . . .

JACKSON, v. PRINCETON FARMS CORPORATION,, 140 So. 2d 570 (Fla. 1962)

. . . compensation benefit will not be in excess of the established maximum weekly compensation limit under § 440.12 . . .

MIAMI BEACH AWNING COMPANY v. SOCALIS, E. MIAMI BEACH AWNING COMPANY v. SOCALIS, E., 129 So. 2d 414 (Fla. 1961)

. . . That the methods provided by Section 440.14(1) and Section 440.12(2) cannot reasonably and fairly be . . .

HANSEN, v. FIRESTONE TIRE AND RUBBER COMPANY,, 276 F.2d 254 (6th Cir. 1960)

. . . Michigan Statutes Annotated (1959), sec. 19.252, Comp.Laws 1948, § 440.12. . . .

B. ADAMS, v. FLORIDA INDUSTRIAL COMMISSION, s, 110 So. 2d 455 (Fla. Dist. Ct. App. 1959)

. . . which to compute compensation and shall be determined subject to limitations of subsection (2) of § 440.12 . . .

WILLIAMS, v. AMERICAN SURETY COMPANY OF NEW YORK, H H, 99 So. 2d 877 (Fla. Dist. Ct. App. 1958)

. . . for disability shall be paid to the employee, subject to the limits provided in subsection (2) of-S 440.12 . . .

H. AMSLER, E. v. SOX MEAT PACKERS, s, 75 So. 2d 207 (Fla. 1954)

. . . 440.16 (2) below); but such compensation shall be subject to the limits provided in subsection (2) of § 440.12 . . .

DAOUD v. MATZ, 73 So. 2d 51 (Fla. 1954)

. . . Section 440.12, Florida Statutes 1953, F.S.A. . . . And that provision is not by its terms made subject to the restrictions of section 440.12 of the compensation . . .

HOGAN v. MAISON LAFITTE, 6 Fla. Supp. 72 (Fla. Industrial Comm'n 1954)

. . . thereof, not to exceed three hundred and fifty weeks except as provided in subsection (1) of section 440.12 . . .

In IMPEL MFG. CO., 108 F. Supp. 469 (E.D. Mich. 1952)

. . . the contract of August 4, 1949, are all express warranties under Sec. 12 of the Uniform Sales Act, § 440.12 . . .

PARKS v. COLUMBIA BAKING CO., 1 Fla. Supp. 105 (Hillsborough Cty. Cir. Ct. 1951)

. . . preference, but such compensation shall be subject to the limits provided in subsection (2) of section 440.12 . . .

ST. JOHNS RIVER SHIPBUILDING COMPANY, HARTFORD ACCIDENT INDEMNITY COMPANY, v. C. H. WELLS, FLORIDA INDUSTRIAL COMMISSION, 156 Fla. 67 (Fla. 1945)

. . . The weekly compensation allowed, as limited by Section 440.12, Florida Statutes of 1941, as it stood . . . thereof, not to exceed three hundred and fifty weeks, except as provided in sub section (1) of Section 440.12 . . .