Florida Statute 440.13 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

440.13 Medical services and supplies; penalty for violations; limitations.—

(1) DEFINITIONS.—As used in this section, the term:

(a) “Alternate medical care” means a change in treatment or health care provider.

(b) “Attendant care” means care rendered by trained professional attendants which is beyond the scope of household duties. Family members may provide nonprofessional attendant care, but may not be compensated under this chapter for care that falls within the scope of household duties and other services normally and gratuitously provided by family members. “Family member” means a spouse, father, mother, brother, sister, child, grandchild, father-in-law, mother-in-law, aunt, or uncle.

(c) “Carrier” means, for purposes of this section, insurance carrier, self-insurance fund or individually self-insured employer, or assessable mutual insurer.

(d) “Compensable” means a determination by a carrier or judge of compensation claims that a condition suffered by an employee results from an injury arising out of and in the course of employment.

(e) “Emergency services and care” means emergency services and care as defined in s. 395.002.

(f) “Health care facility” means any hospital licensed under chapter 395 and any health care institution licensed under chapter 400 or chapter 429.

(g) “Health care provider” means a physician or any recognized practitioner licensed to provide skilled services pursuant to a prescription or under the supervision or direction of a physician. The term “health care provider” includes a health care facility.

(h) “Independent medical examiner” means a physician selected by either an employee or a carrier to render one or more independent medical examinations in connection with a dispute arising under this chapter.

(i) “Independent medical examination” means an objective evaluation of the injured employee’s medical condition, including, but not limited to, impairment or work status, performed by a physician or an expert medical advisor at the request of a party, a judge of compensation claims, or the department to assist in the resolution of a dispute arising under this chapter.

(j) “Instance of overutilization” means a specific inappropriate service or level of service provided to an injured employee that includes the provision of treatment in excess of established practice parameters and protocols of treatment established in accordance with this chapter.

(k) “Medically necessary” or “medical necessity” means any medical service or medical supply which is used to identify or treat an illness or injury, is appropriate to the patient’s diagnosis and status of recovery, and is consistent with the location of service, the level of care provided, and applicable practice parameters. The service should be widely accepted among practicing health care providers, based on scientific criteria, and determined to be reasonably safe. The service must not be of an experimental, investigative, or research nature.

(l) “Medicine” means a drug prescribed by an authorized health care provider and includes only generic drugs or single-source patented drugs for which there is no generic equivalent, unless the authorized health care provider writes or states that the brand-name drug as defined in s. 465.025 is medically necessary, or is a drug appearing on the schedule of drugs created pursuant to s. 465.025(6), or is available at a cost lower than its generic equivalent.

(m) “Palliative care” means noncurative medical services that mitigate the conditions, effects, or pain of an injury.

(n) “Pattern or practice of overutilization” means repetition of instances of overutilization within a specific medical case or multiple cases by a single health care provider.

(o) “Peer review” means an evaluation by two or more physicians licensed under the same authority and with the same or similar specialty as the physician under review, of the appropriateness, quality, and cost of health care and health services provided to a patient, based on medically accepted standards.

(p) “Physician” or “doctor” means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a chiropractic physician licensed under chapter 460, a podiatric physician licensed under chapter 461, an optometrist licensed under chapter 463, or a dentist licensed under chapter 466.

(q) “Reimbursement dispute” means any disagreement between a health care provider or health care facility and carrier concerning payment for medical treatment.

(r) “Utilization control” means a systematic process of implementing measures that assure overall management and cost containment of services delivered, including compliance with practice parameters and protocols of treatment as provided for in this chapter.

(s) “Utilization review” means the evaluation of the appropriateness of both the level and the quality of health care and health services provided to a patient, including, but not limited to, evaluation of the appropriateness of treatment, hospitalization, or office visits based on medically accepted standards. Such evaluation must be accomplished by means of a system that identifies the utilization of medical services based on practice parameters and protocols of treatment as provided for in this chapter.

(2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.—

(a) Subject to the limitations specified elsewhere in this chapter, the employer shall furnish to the employee such medically necessary remedial treatment, care, and attendance for such period as the nature of the injury or the process of recovery may require, which is in accordance with established practice parameters and protocols of treatment as provided for in this chapter, including medicines, medical supplies, durable medical equipment, orthoses, prostheses, and other medically necessary apparatus. Remedial treatment, care, and attendance, including work-hardening programs or pain-management programs accredited by an accrediting organization whose standards incorporate comparable regulations required by this state or pain-management programs affiliated with medical schools, shall be considered covered treatment only when such care is given based on a referral by a physician as defined in this chapter. Medically necessary treatment, care, and attendance does not include chiropractic services in excess of 24 treatments or rendered 12 weeks beyond the date of the initial chiropractic treatment, whichever comes first, unless the carrier authorizes additional treatment or the employee is catastrophically injured.

(b)1. The employer shall provide appropriate professional or nonprofessional attendant care performed only at the direction and control of a physician when such care is medically necessary. The physician shall prescribe such care in writing. The employer or carrier shall not be responsible for such care until the prescription for attendant care is received by the employer and carrier, which shall specify the time periods for such care, the level of care required, and the type of assistance required. A prescription for attendant care shall not prescribe such care retroactively. The value of nonprofessional attendant care provided by a family member must be determined as follows:

a. If the family member is not employed or if the family member is employed and is providing attendant care services during hours that he or she is not engaged in employment, the per-hour value equals the federal minimum hourly wage.

b. If the family member is employed and elects to leave that employment to provide attendant or custodial care, the per-hour value of that care equals the per-hour value of the family member’s former employment, not to exceed the per-hour value of such care available in the community at large. A family member or a combination of family members providing nonprofessional attendant care under this paragraph may not be compensated for more than a total of 12 hours per day.

c. If the family member remains employed while providing attendant or custodial care, the per-hour value of that care equals the per-hour value of the family member’s employment, not to exceed the per-hour value of such care available in the community at large.

2. The employer or carrier may use a nurse registry licensed pursuant to s. 400.506 for the placement of authorized compensable attendant care services.

(c) If the employer fails to provide initial treatment or care required by this section after request by the injured employee, the employee may obtain such initial treatment at the expense of the employer, if the initial treatment or care is compensable and medically necessary and is in accordance with established practice parameters and protocols of treatment as provided for in this chapter. There must be a specific request for the initial treatment or care, and the employer or carrier must be given a reasonable time period within which to provide the initial treatment or care. However, the employee is not entitled to recover any amount personally expended for the initial treatment or care unless he or she has requested the employer to furnish that initial treatment or service and the employer has failed, refused, or neglected to do so within a reasonable time or unless the nature of the injury requires such initial treatment, nursing, and services and the employer or his or her superintendent or foreman, having knowledge of the injury, has neglected to provide the initial treatment or care.

(d) The carrier has the right to transfer the care of an injured employee from the attending health care provider if an independent medical examination determines that the employee is not making appropriate progress in recuperation.

(e) Except in emergency situations and for treatment rendered by a managed care arrangement, after any initial examination and diagnosis by a physician providing remedial treatment, care, and attendance, and before a proposed course of medical treatment begins, each insurer shall review, in accordance with the requirements of this chapter, the proposed course of treatment, to determine whether such treatment would be recognized as reasonably prudent. The review must be in accordance with all applicable workers’ compensation practice parameters and protocols of treatment established in accordance with this chapter. The insurer must accept any such proposed course of treatment unless the insurer notifies the physician of its specific objections to the proposed course of treatment by the close of the tenth business day after notification by the physician, or a supervised designee of the physician, of the proposed course of treatment.

(f) Upon the written request of the employee, the carrier shall give the employee the opportunity for one change of physician during the course of treatment for any one accident. Upon the granting of a change of physician, the originally authorized physician in the same specialty as the changed physician shall become deauthorized upon written notification by the employer or carrier. The carrier shall authorize an alternative physician who shall not be professionally affiliated with the previous physician within 5 days after receipt of the request. If the carrier fails to provide a change of physician as requested by the employee, the employee may select the physician and such physician shall be considered authorized if the treatment being provided is compensable and medically necessary.

Failure of the carrier to timely comply with this subsection shall be a violation of this chapter and the carrier shall be subject to penalties as provided for in s. 440.525.

(3) PROVIDER ELIGIBILITY; AUTHORIZATION.—

(a) As a condition to eligibility for payment under this chapter, a health care provider who renders services must receive authorization from the carrier before providing treatment. This paragraph does not apply to emergency care.

(b) A health care provider who renders emergency care must notify the carrier by the close of the third business day after it has rendered such care. If the emergency care results in admission of the employee to a health care facility, the health care provider must notify the carrier by telephone within 24 hours after initial treatment. Emergency care is not compensable under this chapter unless the injury requiring emergency care arose as a result of a work-related accident. Pursuant to chapter 395, all licensed physicians and health care providers in this state shall be required to make their services available for emergency treatment of any employee eligible for workers’ compensation benefits. To refuse to make such treatment available is cause for revocation of a license.

(c) A health care provider may not refer the employee to another health care provider, diagnostic facility, therapy center, or other facility without prior authorization from the carrier, except when emergency care is rendered. Any referral must be to a health care provider, unless the referral is for emergency treatment, and must be made in accordance with practice parameters and protocols of treatment as provided for in this chapter.

(d) A carrier must respond, by telephone or in writing, to a request for authorization from an authorized health care provider by the close of the third business day after receipt of the request. A carrier who fails to respond to a written request for authorization for referral for medical treatment by the close of the third business day after receipt of the request consents to the medical necessity for such treatment. All such requests must be made to the carrier. Notice to the carrier does not include notice to the employer.

(e) Carriers shall adopt procedures for receiving, reviewing, documenting, and responding to requests for authorization.

(f) By accepting payment under this chapter for treatment rendered to an injured employee, a health care provider consents to the jurisdiction of the department as set forth in subsection (11) and to the submission of all records and other information concerning such treatment to the department in connection with a reimbursement dispute, audit, or review as provided by this section. The health care provider must further agree to comply with any decision of the department rendered under this section.

(g) The employee is not liable for payment for medical treatment or services provided pursuant to this section except as otherwise provided in this section.

(h) The provisions of s. 456.053 are applicable to referrals among health care providers, as defined in subsection (1), treating injured workers.

(i) Notwithstanding paragraph (d), a claim for specialist consultations, surgical operations, physiotherapeutic or occupational therapy procedures, X-ray examinations, or special diagnostic laboratory tests that cost more than $1,000 and other specialty services that the department identifies by rule is not valid and reimbursable unless the services have been expressly authorized by the carrier, unless the carrier has failed to respond within 10 days to a written request for authorization, or unless emergency care is required. The insurer shall authorize such consultation or procedure unless the health care provider or facility is not authorized, unless such treatment is not in accordance with practice parameters and protocols of treatment established in this chapter, or unless a judge of compensation claims has determined that the consultation or procedure is not medically necessary, not in accordance with the practice parameters and protocols of treatment established in this chapter, or otherwise not compensable under this chapter. Authorization of a treatment plan does not constitute express authorization for purposes of this section, except to the extent the carrier provides otherwise in its authorization procedures. This paragraph does not limit the carrier’s obligation to identify and disallow overutilization or billing errors.

(j) Notwithstanding anything in this chapter to the contrary, a sick or injured employee shall be entitled, at all times, to free, full, and absolute choice in the selection of the pharmacy or pharmacist dispensing and filling prescriptions for medicines required under this chapter. It is expressly forbidden for the department, an employer, or a carrier, or any agent or representative of the department, an employer, or a carrier, to select the pharmacy or pharmacist which the sick or injured employee must use; condition coverage or payment on the basis of the pharmacy or pharmacist utilized; or to otherwise interfere in the selection by the sick or injured employee of a pharmacy or pharmacist.

(k) Reimbursement shall not be made for oral vitamins, nutrient preparations, or dietary supplements. Reimbursement shall not be made for medical food, as defined in 21 U.S.C. s. 360ee(b)(3), unless the self-insured employer or the carrier in its sole discretion authorizes the provision of such food. Such authorization may be limited by frequency, type, dosage, and reimbursement amount of such food as part of a proposed written course of medical treatment.

(4) NOTICE OF TREATMENT TO CARRIER; FILING WITH DEPARTMENT.—

(a) Any health care provider providing necessary remedial treatment, care, or attendance to any injured worker shall submit treatment reports to the carrier in a format prescribed by the department. A claim for medical or surgical treatment is not valid or enforceable against such employer or employee, unless, by the close of the third business day following the first treatment, the physician providing the treatment furnishes to the employer or carrier a preliminary notice of the injury and treatment in a format prescribed by the department and, within 15 days thereafter, furnishes to the employer or carrier a complete report, and subsequent thereto furnishes progress reports, if requested by the employer or insurance carrier, at intervals of not less than 3 weeks apart or at less frequent intervals if requested in a format prescribed by the department.

(b) Upon the request of the department, each medical report or bill obtained or received by the employer, the carrier, or the injured employee, or the attorney for the employer, carrier, or injured employee, with respect to the remedial treatment, care, and attendance of the injured employee, including any report of an examination, diagnosis, or disability evaluation, must be produced by the health care provider to the department pursuant to rules adopted by the department. The health care provider shall also furnish to the injured employee or his or her attorney and the employer or carrier or its attorney, on demand, a copy of his or her office chart, records, and reports, and may charge the injured employee no more than 50 cents per page for copying the records and the actual direct cost to the health care provider or health care facility for X rays, microfilm, or other nonpaper records. Each such health care provider shall provide to the department information about the remedial treatment, care, and attendance which the department reasonably requests.

(c) It is the policy for the administration of the workers’ compensation system that there shall be reasonable access to medical information by all parties to facilitate the self-executing features of the law. An employee who reports an injury or illness alleged to be work-related waives any physician-patient privilege with respect to any condition or complaint reasonably related to the condition for which the employee claims compensation. Notwithstanding the limitations in s. 456.057 and subject to the limitations in s. 381.004, upon the request of the employer, the carrier, an authorized qualified rehabilitation provider, or the attorney for the employer or carrier, the medical records, reports, and information of an injured employee relevant to the particular injury or illness for which compensation is sought must be furnished to those persons and the medical condition of the injured employee must be discussed with those persons, if the records and the discussions are restricted to conditions relating to the workplace injury. Release of medical information by the health care provider or other physician does not require the authorization of the injured employee. If medical records, reports, and information of an injured employee are sought from health care providers who are not subject to the jurisdiction of the state, the injured employee shall sign an authorization allowing for the employer or carrier to obtain the medical records, reports, or information. Any such discussions or release of information may be held before or after the filing of a claim or petition for benefits without the knowledge, consent, or presence of any other party or his or her agent or representative. A health care provider who willfully refuses to provide medical records or to discuss the medical condition of the injured employee, after a reasonable request is made for such information pursuant to this subsection, shall be subject by the department to one or more of the penalties set forth in paragraph (8)(b). The department may adopt rules to carry out this subsection.

(5) INDEPENDENT MEDICAL EXAMINATIONS.—

(a) In any dispute concerning overutilization, medical benefits, compensability, or disability under this chapter, the carrier or the employee may select an independent medical examiner. If the parties agree, the examiner may be a health care provider treating or providing other care to the employee. An independent medical examiner may not render an opinion outside his or her area of expertise, as demonstrated by licensure and applicable practice parameters. The employer and employee shall be entitled to only one independent medical examination per accident and not one independent medical examination per medical specialty. The party requesting and selecting the independent medical examination shall be responsible for all expenses associated with said examination, including, but not limited to, medically necessary diagnostic testing performed and physician or medical care provider fees for the evaluation. The party selecting the independent medical examination shall identify the choice of the independent medical examiner to all other parties within 15 days after the date the independent medical examination is to take place. Failure to timely provide such notification shall preclude the requesting party from submitting the findings of such independent medical examiner in a proceeding before a judge of compensation claims. The independent medical examiner may not provide followup care if such recommendation for care is found to be medically necessary. If the employee prevails in a medical dispute as determined in an order by a judge of compensation claims or if benefits are paid or treatment provided after the employee has obtained an independent medical examination based upon the examiner’s findings, the costs of such examination shall be paid by the employer or carrier.

(b) Each party is bound by his or her selection of an independent medical examiner, including the selection of the independent medical examiner in accordance with s. 440.134 and the opinions of such independent medical examiner. Each party is entitled to an alternate examiner only if:

1. The examiner is not qualified to render an opinion upon an aspect of the employee’s illness or injury which is material to the claim or petition for benefits;

2. The examiner ceases to practice in the specialty relevant to the employee’s condition;

3. The examiner is unavailable due to injury, death, or relocation outside a reasonably accessible geographic area; or

4. The parties agree to an alternate examiner.

(c) The carrier may, at its election, contact the claimant directly to schedule a reasonable time for an independent medical examination. The carrier must confirm the scheduling agreement in writing with the claimant and the claimant’s counsel, if any, at least 7 days before the date upon which the independent medical examination is scheduled to occur. An attorney representing a claimant is not authorized to schedule the self-insured employer’s or carrier’s independent medical evaluations under this subsection. Neither the self-insured employer nor the carrier shall be responsible for scheduling any independent medical examination other than an employer or carrier independent medical examination.

(d) If the employee fails to appear for the independent medical examination scheduled by the employer or carrier without good cause and fails to advise the physician at least 24 hours before the scheduled date for the examination that he or she cannot appear, the employee is barred from recovering compensation for any period during which he or she has refused to submit to such examination. Further, the employee shall reimburse the employer or carrier 50 percent of the physician’s cancellation or no-show fee unless the employer or carrier that schedules the examination fails to timely provide to the employee a written confirmation of the date of the examination pursuant to paragraph (c) which includes an explanation of why he or she failed to appear. The employee may appeal to a judge of compensation claims for reimbursement when the employer or carrier withholds payment in excess of the authority granted by this section.

(e) No medical opinion other than the opinion of a medical advisor appointed by the judge of compensation claims or the department, an independent medical examiner, or an authorized treating provider is admissible in proceedings before the judges of compensation claims.

(f) Attorney’s fees incurred by an injured employee in connection with delay of or opposition to an independent medical examination, including, but not limited to, motions for protective orders, are not recoverable under this chapter.

(g) When a medical dispute arises, the parties may mutually agree to refer the employee to a licensed physician specializing in the diagnosis and treatment of the medical condition at issue for an independent medical examination and report. Such medical examination shall be referred to as a “consensus independent medical examination.” The findings and conclusions of such mutually agreed upon consensus independent medical examination shall be binding on the parties and shall constitute resolution of the medical dispute addressed in the independent consensus medical examination and in any proceeding. Agreement by the parties to a consensus independent medical examination shall not affect the employer’s, carrier’s, or employee’s entitlement to one independent medical examination per accident as provided for in this subsection.

(6) UTILIZATION REVIEW.—Carriers shall review all bills, invoices, and other claims for payment submitted by health care providers in order to identify overutilization and billing errors, including compliance with practice parameters and protocols of treatment established in accordance with this chapter, and may hire peer review consultants or conduct independent medical evaluations. Such consultants, including peer review organizations, are immune from liability in the execution of their functions under this subsection to the extent provided in s. 766.101. If a carrier finds that overutilization of medical services or a billing error has occurred, or there is a violation of the practice parameters and protocols of treatment established in accordance with this chapter, it must disallow or adjust payment for such services or error without order of a judge of compensation claims or the department, if the carrier, in making its determination, has complied with this section and rules adopted by the department.

(7) UTILIZATION AND REIMBURSEMENT DISPUTES.—

(a) Any health care provider who elects to contest the disallowance or adjustment of payment by a carrier under subsection (6) must, within 45 days after receipt of notice of disallowance or adjustment of payment, petition the department to resolve the dispute. The petitioner must serve a copy of the petition on the carrier and on all affected parties by certified mail. The petition must be accompanied by all documents and records that support the allegations contained in the petition. Failure of a petitioner to submit such documentation to the department results in dismissal of the petition.

(b) The carrier must submit to the department within 30 days after receipt of the petition all documentation substantiating the carrier’s disallowance or adjustment. Failure of the carrier to timely submit such documentation to the department within 30 days constitutes a waiver of all objections to the petition.

(c) Within 120 days after receipt of all documentation, the department must provide to the petitioner, the carrier, and the affected parties a written determination of whether the carrier properly adjusted or disallowed payment. The department must be guided by standards and policies set forth in this chapter, including all applicable reimbursement schedules, practice parameters, and protocols of treatment, in rendering its determination.

(d) If the department finds an improper disallowance or improper adjustment of payment by an insurer, the insurer shall reimburse the health care provider, facility, insurer, or employer within 30 days, subject to the penalties provided in this subsection.

(e) The department shall adopt rules to carry out this subsection. The rules may include provisions for consolidating petitions filed by a petitioner and expanding the timetable for rendering a determination upon a consolidated petition.

(f) Any carrier that engages in a pattern or practice of arbitrarily or unreasonably disallowing or reducing payments to health care providers may be subject to one or more of the following penalties imposed by the department:

1. Repayment of the appropriate amount to the health care provider.

2. An administrative fine assessed by the department in an amount not to exceed $5,000 per instance of improperly disallowing or reducing payments.

3. Award of the health care provider’s costs, including a reasonable attorney fee, for prosecuting the petition.

(8) PATTERN OR PRACTICE OF OVERUTILIZATION.—

(a) Carriers must report to the department all instances of overutilization including, but not limited to, all instances in which the carrier disallows or adjusts payment or a determination has been made that the provided or recommended treatment is in excess of the practice parameters and protocols of treatment established in this chapter. The department shall determine whether a pattern or practice of overutilization exists.

(b) If the department determines that a health care provider has engaged in a pattern or practice of overutilization or a violation of this chapter or rules adopted by the department, including a pattern or practice of providing treatment in excess of the practice parameters or protocols of treatment, it may impose one or more of the following penalties:

1. An order barring the provider from payment under this chapter;

2. Deauthorization of care under review;

3. Denial of payment for care rendered in the future;

4. An administrative fine of $5,000; and

5. Notification of and review by the appropriate licensing authority pursuant to s. 440.106(3).

(9) EXPERT MEDICAL ADVISORS.—

(a) The department shall certify expert medical advisors in each specialty to assist the department within the advisor’s area of expertise as provided in this section. The department shall, in a manner prescribed by rule, in certifying, recertifying, or decertifying an expert medical advisor, consider the qualifications, training, impartiality, and commitment of the health care provider to the provision of quality medical care at a reasonable cost. As a prerequisite for certification or recertification, the department shall require, at a minimum, that an expert medical advisor have specialized workers’ compensation training or experience under the workers’ compensation system of this state and board certification or board eligibility.

(b) The department shall contract with one or more entities that employ, contract with, or otherwise secure expert medical advisors to provide peer review or expert medical consultation, opinions, and testimony to the department or to a judge of compensation claims in connection with resolving disputes relating to reimbursement, differing opinions of health care providers, and health care and physician services rendered under this chapter, including utilization issues. The department shall by rule establish the qualifications of expert medical advisors, including training and experience in the workers’ compensation system in the state and the expert medical advisor’s knowledge of and commitment to the standards of care, practice parameters, and protocols established pursuant to this chapter. Expert medical advisors contracting with the department shall, as a term of such contract, agree to provide consultation or services in accordance with the timetables set forth in this chapter and to abide by rules adopted by the department, including, but not limited to, rules pertaining to procedures for review of the services rendered by health care providers and preparation of reports and testimony or recommendations for submission to the department or the judge of compensation claims.

(c) If there is disagreement in the opinions of the health care providers, if two health care providers disagree on medical evidence supporting the employee’s complaints or the need for additional medical treatment, or if two health care providers disagree that the employee is able to return to work, the department may, and the judge of compensation claims may, upon his or her own motion or within 15 days after receipt of a written request by either the injured employee, the employer, or the carrier, order the injured employee to be evaluated by an expert medical advisor. The injured employee and the employer or carrier may agree on the health care provider to serve as an expert medical advisor. If the parties do not agree, the judge of compensation claims shall select an expert medical advisor from the department’s list of certified expert medical advisors. If a certified medical advisor within the relevant medical specialty is unavailable, the judge of compensation claims shall appoint any otherwise qualified health care provider to serve as an expert medical advisor without obtaining the department’s certification. The opinion of the expert medical advisor is presumed to be correct unless there is clear and convincing evidence to the contrary as determined by the judge of compensation claims. The expert medical advisor appointed to conduct the evaluation shall have free and complete access to the medical records of the employee. An employee who fails to report to and cooperate with such evaluation forfeits entitlement to compensation during the period of failure to report or cooperate.

(d) The expert medical advisor must complete his or her evaluation and issue his or her report to the department or to the judge of compensation claims within 15 days after receipt of all medical records. The expert medical advisor must furnish a copy of the report to the carrier and to the employee.

(e) An expert medical advisor is not liable under any theory of recovery for evaluations performed under this section without a showing of fraud or malice. The protections of s. 766.101 apply to any officer, employee, or agent of the department and to any officer, employee, or agent of any entity with which the department has contracted under this subsection.

(f) If the department or a judge of compensation claims orders the services of an expert medical advisor to resolve a dispute under this section, the party requesting such examination must compensate the advisor for his or her time in accordance with a schedule adopted by the department. If the employee prevails in a dispute as determined in an order by a judge of compensation claims based upon the expert medical advisor’s findings, the employer or carrier shall pay for the costs of such expert medical advisor. If a judge of compensation claims, upon his or her motion, finds that an expert medical advisor is needed to resolve the dispute, the carrier must compensate the advisor for his or her time in accordance with a schedule adopted by the department. The department may assess a penalty not to exceed $500 against any carrier that fails to timely compensate an advisor in accordance with this section.

(10) WITNESS FEES.—Any health care provider who gives a deposition shall be allowed a witness fee. The amount charged by the witness may not exceed $300 per hour. An expert witness who has never provided direct professional services to a party but has merely reviewed medical records and provided an expert opinion or has provided only direct professional services that were unrelated to the workers’ compensation case may not be allowed a witness fee in excess of $300 per day.

(11) INVESTIGATION; MONITORING; JURISDICTION.—

(a) The department may investigate health care providers to determine whether providers are complying with this chapter and with rules adopted by the department, whether the providers are engaging in overutilization, whether providers are engaging in improper billing practices, and whether providers are adhering to practice parameters and protocols established in accordance with this chapter. If the department finds that a health care provider has improperly billed, overutilized, or failed to comply with department rules or the requirements of this chapter, including, but not limited to, practice parameters and protocols established in accordance with this chapter, it must notify the provider of its findings and may determine that the health care provider may not receive payment from the carrier or may impose penalties as set forth in subsection (8) or other sections of this chapter. If the health care provider has received payment from a carrier for services that were improperly billed, that constitute overutilization, or that were outside practice parameters or protocols established in accordance with this chapter, it must return those payments to the carrier. The department may assess a penalty not to exceed $500 for each overpayment that is not refunded within 30 days after notification of overpayment by the department or carrier.

(b) The department shall monitor carriers as provided in this chapter.

(c) The department has exclusive jurisdiction to decide any matters concerning reimbursement, to resolve any overutilization dispute under subsection (7), and to decide any question concerning overutilization under subsection (8), which question or dispute arises after January 1, 1994.

(d) The following department actions do not constitute agency action subject to review under ss. 120.569 and 120.57 and do not constitute actions subject to s. 120.56: referral by the entity responsible for utilization review; a decision by the department to refer a matter to a peer review committee; establishment by a health care provider or entity of procedures by which a peer review committee reviews the rendering of health care services; and the review proceedings, report, and recommendation of the peer review committee.

(12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM REIMBURSEMENT ALLOWANCES.—

(a) A three-member panel is created, consisting of the Chief Financial Officer, or the Chief Financial Officer’s designee, and two members to be appointed by the Governor, subject to confirmation by the Senate, one member who, on account of present or previous vocation, employment, or affiliation, shall be classified as a representative of employers, the other member who, on account of previous vocation, employment, or affiliation, shall be classified as a representative of employees. The panel shall determine statewide schedules of maximum reimbursement allowances for medically necessary treatment, care, and attendance provided by hospitals and ambulatory surgical centers. The maximum reimbursement allowances for inpatient hospital care shall be based on a schedule of per diem rates, to be approved by the three-member panel no later than March 1, 1994, to be used in conjunction with a precertification manual as determined by the department, including maximum hours in which an outpatient may remain in observation status, which shall not exceed 23 hours. All compensable charges for hospital outpatient care shall be reimbursed at 75 percent of usual and customary charges, except as otherwise provided by this subsection. Annually, the three-member panel shall adopt schedules of maximum reimbursement allowances for hospital inpatient care, hospital outpatient care, and ambulatory surgical centers. A hospital or an ambulatory surgical center shall be reimbursed either the agreed-upon contract price or the maximum reimbursement allowance in the appropriate schedule.

(b) Payments for outpatient physical, occupational, and speech therapy provided by hospitals shall be the schedule of maximum reimbursement allowances for these services which applies to nonhospital providers.

(c) Payments for scheduled outpatient nonemergency radiological and clinical laboratory services that are not provided in conjunction with a surgical procedure shall be the schedule of maximum reimbursement allowances for these services which applies to nonhospital providers.

¹(d)1. Outpatient reimbursement for scheduled surgeries shall be 60 percent of charges.

2. Reimbursement for emergency services and care as defined in s. 395.002 which have not been assigned a maximum reimbursement allowance must be 250 percent of Medicare, unless there is a contract, in which case the contract governs reimbursement. Upon this subparagraph taking effect, the department shall engage with an actuarial services firm to begin development of maximum reimbursement allowances for services subject to the reimbursement provisions of this subparagraph. Until the three-member panel adopts a schedule of maximum reimbursement allowances, reimbursement for emergency services and care that have not been assigned a maximum reimbursement allowance and for which there is no Medicare billing code must be 75 percent of usual and customary charges, unless there is a contract, in which case the contract governs reimbursement. This subparagraph expires June 30, 2026.

(e)1. By July 1 of each year, the department shall notify carriers and self-insurers of the physician and nonhospital services schedule of maximum reimbursement allowances. The notice must include publication of this schedule of maximum reimbursement allowances on the division’s website. This schedule is not subject to approval by the three-member panel and does not include reimbursement for prescription medication.

2. Subparagraph 1. shall take effect January 1, following the July 1, 2024, notice of the physician and nonhospital services schedule of maximum reimbursement allowances that the department provides to carriers and self-insurers.

(f) Maximum reimbursement for a physician licensed under chapter 458 or chapter 459 shall be 175 percent of the reimbursement allowed by Medicare, using appropriate codes and modifiers or the medical reimbursement level adopted by the three-member panel as of January 1, 2003, whichever is greater.

(g) Maximum reimbursement for surgical procedures shall be 210 percent of the reimbursement allowed by Medicare or the medical reimbursement level adopted by the three-member panel as of January 1, 2003, whichever is greater.

(h) As to reimbursement for a prescription medication, the reimbursement amount for a prescription shall be the average wholesale price plus $4.18 for the dispensing fee. For repackaged or relabeled prescription medications dispensed by a dispensing practitioner as provided in s. 465.0276, the fee schedule for reimbursement shall be 112.5 percent of the average wholesale price, plus $8.00 for the dispensing fee. For purposes of this subsection, the average wholesale price shall be calculated by multiplying the number of units dispensed times the per-unit average wholesale price set by the original manufacturer of the underlying drug dispensed by the practitioner, based upon the published manufacturer’s average wholesale price published in the Medi-Span Master Drug Database as of the date of dispensing. All pharmaceutical claims submitted for repackaged or relabeled prescription medications must include the National Drug Code of the original manufacturer. Fees for pharmaceuticals and pharmaceutical services shall be reimbursable at the applicable fee schedule amount except where the employer or carrier, or a service company, third party administrator, or any entity acting on behalf of the employer or carrier directly contracts with the provider seeking reimbursement for a lower amount.

(i) Reimbursement for all fees and other charges for such treatment, care, and attendance, including treatment, care, and attendance provided by any hospital or other health care provider, ambulatory surgical center, work-hardening program, or pain program, must not exceed the amounts provided by the uniform schedule of maximum reimbursement allowances as determined by the panel or as otherwise provided in this section. This subsection also applies to independent medical examinations performed by health care providers under this chapter. In determining the uniform schedule, the panel shall first approve the data which it finds representative of prevailing charges in the state for similar treatment, care, and attendance of injured persons. Each health care provider, health care facility, ambulatory surgical center, work-hardening program, or pain program receiving workers’ compensation payments shall maintain records verifying their usual charges. In establishing the uniform schedule of maximum reimbursement allowances, the panel must consider:

1. The levels of reimbursement for similar treatment, care, and attendance made by other health care programs or third-party providers;

2. The impact upon cost to employers for providing a level of reimbursement for treatment, care, and attendance which will ensure the availability of treatment, care, and attendance required by injured workers; and

3. The financial impact of the reimbursement allowances upon health care providers and health care facilities, including trauma centers as defined in s. 395.4001, and its effect upon their ability to make available to injured workers such medically necessary remedial treatment, care, and attendance. The uniform schedule of maximum reimbursement allowances must be reasonable, must promote health care cost containment and efficiency with respect to the workers’ compensation health care delivery system, and must be sufficient to ensure availability of such medically necessary remedial treatment, care, and attendance to injured workers.

(j) In addition to establishing the uniform schedule of maximum reimbursement allowances, the panel shall:

1. Take testimony, receive records, and collect data to evaluate the adequacy of the workers’ compensation fee schedule, nationally recognized fee schedules and alternative methods of reimbursement to health care providers and health care facilities for inpatient and outpatient treatment and care.

2. Survey health care providers and health care facilities to determine the availability and accessibility of workers’ compensation health care delivery systems for injured workers.

3. Survey carriers to determine the estimated impact on carrier costs and workers’ compensation premium rates by implementing changes to the carrier reimbursement schedule or implementing alternative reimbursement methods.

4. Submit recommendations on or before January 15, 2017, and biennially thereafter, to the President of the Senate and the Speaker of the House of Representatives on methods to improve the workers’ compensation health care delivery system.

The department, as requested, shall provide data to the panel, including, but not limited to, utilization trends in the workers’ compensation health care delivery system. The department shall provide the panel with an annual report regarding the resolution of medical reimbursement disputes and any actions pursuant to subsection (8). The department shall provide administrative support and service to the panel to the extent requested by the panel. The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection. For prescription medication purchased under the requirements of this subsection, a dispensing practitioner shall not possess such medication unless payment has been made by the practitioner, the practitioner’s professional practice, or the practitioner’s practice management company or employer to the supplying manufacturer, wholesaler, distributor, or drug repackager within 60 days of the dispensing practitioner taking possession of that medication.

(13) PAYMENT OF MEDICAL FEES.—

(a) Except for emergency care treatment, fees for medical services are payable only to a health care provider authorized to render remedial treatment, care, or attendance under this chapter. Carriers shall pay, disallow, or deny payment to health care providers in the manner and at times set forth in this chapter. A health care provider may not collect or receive a fee from an injured employee within this state, except as otherwise provided by this chapter. Such providers have recourse against the employer or carrier for payment for services rendered in accordance with this chapter. Payment to health care providers or physicians shall be subject to the medical fee schedule and applicable practice parameters and protocols, regardless of whether the health care provider or claimant is asserting that the payment should be made.

(b) Fees charged for remedial treatment, care, and attendance, except for independent medical examinations and consensus independent medical examinations, may not exceed the applicable fee schedules adopted under this chapter and department rule. Notwithstanding any other provision in this chapter, if a physician or health care provider specifically agrees in writing to follow identified procedures aimed at providing quality medical care to injured workers at reasonable costs, deviations from established fee schedules shall be permitted. Written agreements warranting deviations may include, but are not limited to, the timely scheduling of appointments for injured workers, participating in return-to-work programs with injured workers’ employers, expediting the reporting of treatments provided to injured workers, and agreeing to continuing education, utilization review, quality assurance, precertification, and case management systems that are designed to provide needed treatment for injured workers.

(c) Notwithstanding any other provision of this chapter, following overall maximum medical improvement from an injury compensable under this chapter, the employee is obligated to pay a copayment of $10 per visit for medical services. The copayment shall not apply to emergency care provided to the employee.

(14) STANDARDS OF CARE.—The following standards of care shall be followed in providing medical care under this chapter:

(a) Abnormal anatomical findings alone, in the absence of objective relevant medical findings, shall not be an indicator of injury or illness, a justification for the provision of remedial medical care or the assignment of restrictions, or a foundation for limitations.

(b) At all times during evaluation and treatment, the provider shall act on the premise that returning to work is an integral part of the treatment plan. The goal of removing all restrictions and limitations as early as appropriate shall be part of the treatment plan on a continuous basis. The assignment of restrictions and limitations shall be reviewed with each patient exam and upon receipt of new information, such as progress reports from physical therapists and other providers. Consideration shall be given to upgrading or removing the restrictions and limitations with each patient exam, based upon the presence or absence of objective relevant medical findings.

1. Utilize a high intensity, short duration treatment approach that focuses on early activation and restoration of function whenever possible.

2. Include reassessment of the treatment plans, regimes, therapies, prescriptions, and functional limitations or restrictions prescribed by the provider every 30 days.

3. Be focused on treatment of the individual employee’s specific clinical dysfunction or status and shall not be based upon nondescript diagnostic labels.

All treatment shall be inherently scientifically logical, and the evaluation or treatment procedure must match the documented physiologic and clinical problem. Treatment shall match the type, intensity, and duration of service required by the problem identified.

(15) Failure to comply with this section shall be considered a violation of this chapter and is subject to penalties as provided for in s. 440.525.

History.—s. 13, ch. 17481, 1935; CGL 1936 Supp. 5966(13); s. 6, ch. 18413, 1937; CGL 1940 Supp. 8135(14-a); s. 2, ch. 20672, 1941; s. 2, ch. 21824, 1943; s. 1, ch. 22814, 1945; s. 1, ch. 25244, 1949; s. 1, ch. 28241, 1953; s. 2, ch. 57-225; ss. 1, 2, ch. 63-91; ss. 17, 35, ch. 69-106; s. 363, ch. 71-136; s. 5, ch. 75-209; s. 3, ch. 77-290; ss. 4, 23, ch. 78-300; s. 16, ch. 79-7; ss. 8, 124, ch. 79-40; ss. 7, 21, ch. 79-312; s. 4, ch. 80-236; s. 1, ch. 82-46; s. 1, ch. 83-45; s. 1, ch. 83-303; s. 4, ch. 83-305; s. 1, ch. 86-171; s. 1, ch. 87-111; s. 2, ch. 87-330; s. 2, ch. 88-203; s. 1, ch. 88-372; ss. 10, 43, ch. 89-289; ss. 18, 56, ch. 90-201; ss. 16, 52, ch. 91-1; s. 3, ch. 91-269; s. 101, ch. 92-33; s. 81, ch. 92-289; s. 17, ch. 93-415; s. 199, ch. 96-410; s. 1051, ch. 97-103; s. 45, ch. 97-264; s. 36, ch. 98-89; ss. 33, 188, 259, ch. 98-166; s. 22, ch. 2000-160; s. 9, ch. 2000-189; s. 12, ch. 2001-91; s. 25, ch. 2002-194; s. 9, ch. 2002-236; s. 477, ch. 2003-261; s. 15, ch. 2003-412; s. 91, ch. 2006-197; s. 2, ch. 2008-133; s. 10, ch. 2013-93; s. 1, ch. 2013-131; s. 6, ch. 2013-141; s. 1, ch. 2014-131; s. 2, ch. 2015-42; s. 4, ch. 2016-56; s. 1, ch. 2020-101; s. 5, ch. 2023-144; s. 6, ch. 2024-140; s. 1, ch. 2024-241; ss. 122, 123, ch. 2025-199.

¹Note.—

A. Section 122, ch. 2025-199, amended paragraph (12)(d) “[i]n order to implement Specific Appropriations 2295 through 2308A of the 2025-2026 General Appropriations Act.”

B. Section 123, ch. 2025-199, provides that “[t]he amendment to s. 440.13(12)(d), Florida Statutes, made by this act expires July 1, 2026, and the text of that paragraph shall revert to that in existence on June 30, 2025, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.” Effective July 1, 2026, paragraph (12)(d), as amended by s. 123, ch. 2025-199, will read:

(d)1. Outpatient reimbursement for scheduled surgeries shall be 60 percent of charges.

2. Reimbursement for emergency services and care as defined in s. 395.002 which does not include a maximum reimbursement allowance must be 250 percent of Medicare, unless there is a contract, in which case the contract governs reimbursement. Upon this subparagraph taking effect, the department shall engage with an actuarial services firm to begin development of maximum reimbursement allowances for services subject to the reimbursement provisions of this subparagraph. This subparagraph expires June 30, 2026.

F.S. 440.13 on Google Scholar

F.S. 440.13 on CourtListener

Amendments to 440.13

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 440.13

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

S440.13 - PUBLIC ORDER CRIMES - REMOVED - M: S

Cases Citing Statute 440.13

Total Results: 755

Acosta v. Richter

671 So. 2d 149, 1996 WL 15522

Supreme Court of Florida | Filed: Jan 18, 1996 | Docket: 1247898

Cited 68 times | Published

licensed health care practitioner. [5] Initially, section 440.13(2) is excepted from the scope of section 455

Sasso v. Ram Property Management

431 So. 2d 204

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 456088

Cited 40 times | Published

remedial medical treatment, as authorized under section 440.13(1), Florida Statutes. Section 440.15(3)(b)3

Palm Springs General Hosp. v. Cabrera

698 So. 2d 1352, 1997 WL 570467

District Court of Appeal of Florida | Filed: Sep 16, 1997 | Docket: 434007

Cited 33 times | Published

expert medical advisor, as contemplated by section 440.13(9)(c), Florida Statutes (1995), and Florida

US Sugar Corp. v. Henson

823 So. 2d 104, 27 Fla. L. Weekly Supp. 551, 2002 Fla. LEXIS 1159, 2002 WL 1208720

Supreme Court of Florida | Filed: Jun 6, 2002 | Docket: 1512775

Cited 31 times | Published

to assure evidentiary reliability, because section 440.13(9)(c) provides for the appointment of expert

Fitzgerald v. Osceola County School Bd.

974 So. 2d 1161, 2008 WL 420027

District Court of Appeal of Florida | Filed: Feb 19, 2008 | Docket: 1717239

Cited 30 times | Published

"clear and convincing evidence to the contrary." § 440.13(9)(c), Fla. Stat. (2002). Accordingly, the EMA's

Rucker v. City of Ocala

684 So. 2d 836, 1996 WL 708614

District Court of Appeal of Florida | Filed: Dec 5, 1996 | Docket: 1482013

Cited 30 times | Published

Rucker, challenges the constitutionality of section 440.13(5)(e), Florida Statutes (Supp.1994). The statute

Aino's Custom Slip Covers v. DeLucia

533 So. 2d 862, 1988 WL 112286

District Court of Appeal of Florida | Filed: Oct 27, 1988 | Docket: 1232421

Cited 23 times | Published

title to such vehicle vest in the claimant. Id. Section 440.13(2), Fla. Stat. requires the E/C to "furnish

Caldwell v. Wal-Mart Stores, Inc.

980 So. 2d 1226, 2008 Fla. App. LEXIS 6948, 2008 WL 1930139

District Court of Appeal of Florida | Filed: May 5, 2008 | Docket: 1735851

Cited 22 times | Published

evaluation is a "peer review," pursuant to section 440.13, Florida Statutes, and not an IME. On July

Florida Birth-Related Neurological Injury Compensation Ass'n v. Department of Administrative Hearings

29 So. 3d 992, 35 Fla. L. Weekly Supp. 40, 2010 Fla. LEXIS 43, 2010 WL 114510

Supreme Court of Florida | Filed: Jan 14, 2010 | Docket: 1642779

Cited 19 times | Published

provider" includes a health care facility. See § 440.13(1)(i), Fla. Stat. (1997); § 766.202(4), Fla. Stat

Standard Blasting & Coating v. Hayman

476 So. 2d 1385, 10 Fla. L. Weekly 2420

District Court of Appeal of Florida | Filed: Oct 29, 1985 | Docket: 1681434

Cited 18 times | Published

1982). The 1983 legislature amended Fla. Stat. § 440.13(2)(d) to make clear that this is its legislative

Lombardi v. Southern Wine & Spirits

890 So. 2d 1128, 2004 Fla. App. LEXIS 18089, 2004 WL 2723616

District Court of Appeal of Florida | Filed: Nov 30, 2004 | Docket: 1690312

Cited 17 times | Published

entitled to workers' compensation benefits under section 440.13, Florida Statutes (2001), receive a second

Exxon Co. v. Alexis

370 So. 2d 1128

Supreme Court of Florida | Filed: Dec 7, 1978 | Docket: 1722534

Cited 17 times | Published

medical bills were not authorized pursuant to Section 440.13, Florida Statutes (1973). Pertinent to our

Warwick v. Hudson Pulp & Paper Co. Inc.

303 So. 2d 701, 1974 Fla. App. LEXIS 8375

District Court of Appeal of Florida | Filed: Nov 19, 1974 | Docket: 1313891

Cited 17 times | Published

JOHNSON and McCORD, JJ., concur. NOTES [1] Florida Statute 440.13 which states in part: "... the employer

POLK COUNTY BD. OF COM'RS v. Varnado

576 So. 2d 833, 1991 WL 35440

District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 1242991

Cited 16 times | Published

appeal involve benefits awarded pursuant to section 440.13(2)(a), *837 Florida Statutes. This section

Kirkland v. HAROLD PRATT PAVING, INC

518 So. 2d 1320, 1987 WL 3196

District Court of Appeal of Florida | Filed: Dec 21, 1987 | Docket: 1777917

Cited 16 times | Published

one of the types of physicians described in section 440.13(1)(f), if it appears that such treatment is

Grice v. Suwannee Lumber Manufacturing Company

113 So. 2d 742, 1959 Fla. App. LEXIS 2655

District Court of Appeal of Florida | Filed: Jul 7, 1959 | Docket: 1490806

Cited 16 times | Published

Maxwell Co., 152 Fla. 340, 11 So.2d 572. [10] F.S. § 440.13, F.S.A. [11] F.S. § 44.03, F.S.A. [12] Winn-Lovett

Lollie v. General American Tank Storage Terminals

34 So. 2d 306, 160 Fla. 208, 1948 Fla. LEXIS 643

Supreme Court of Florida | Filed: Feb 27, 1948 | Docket: 3268049

Cited 16 times | Published

$5000.00 in addition to any benefits under Section 440.13 for medical services and treatment, and under

US Sugar Corp. v. Henson

787 So. 2d 3, 2001 Fla. App. LEXIS 5255, 2000 WL 1880340

District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 473458

Cited 15 times | Published

to assure evidentiary reliability, because section 440.13(9)(c) provides for the appointment of expert

Pierre v. Handi Van, Inc.

717 So. 2d 1115, 1998 WL 658293

District Court of Appeal of Florida | Filed: Sep 28, 1998 | Docket: 2507946

Cited 15 times | Published

610 So.2d 494 (Fla. 1st DCA 1992). Because section 440.13(4)(c), Florida Statutes (Supp.1994), authorizes

Adelman Steel Corp. v. Winter

610 So. 2d 494, 1992 WL 332753

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 1734907

Cited 15 times | Published

(4) disclosure is otherwise provided for in section 440.13(2)(c). We now discuss this last exception.

Broward Indus. Plating, Inc. v. Weiby

394 So. 2d 1117

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 1315373

Cited 15 times | Published

such treatment. This ruling was erroneous. Under § 440.13(1), Fla. Stat., the employer is required to furnish

Mobley v. Jack & Son Plumbing

170 So. 2d 41

Supreme Court of Florida | Filed: Nov 4, 1964 | Docket: 438029

Cited 15 times | Published

and failed to file the reports required by Section 440.13(1), F.S.A. Nevertheless, the deputy ordered

Miller v. Brewer Company of Florida, Inc.

122 So. 2d 565

Supreme Court of Florida | Filed: Jun 29, 1960 | Docket: 1506564

Cited 15 times | Published

additional remedial treatment under the provisions of § 440.13, Fla. Stat., F.S.A. The facts were that claimant

Sears, Roebuck and Co. v. Viera

440 So. 2d 49

District Court of Appeal of Florida | Filed: Nov 9, 1983 | Docket: 2238766

Cited 14 times | Published

alternative care, it was the employer's duty, under section 440.13(2), Florida Statutes (1981), to either select

Mylock v. Champion Intern.

906 So. 2d 363, 2005 WL 1660710

District Court of Appeal of Florida | Filed: Jul 18, 2005 | Docket: 1774946

Cited 13 times | Published

claimant's counsel informing him that, pursuant to section 440.13(2)(d), Florida Statutes (2003), it was transferring

Southern Bakeries v. Cooper

659 So. 2d 339, 1995 WL 155374

District Court of Appeal of Florida | Filed: Apr 11, 1995 | Docket: 1462852

Cited 13 times | Published

contending that the judge should have applied section 440.13(5)(e), Florida Statutes (Supp. 1994), so as

Franklin v. Nationwide Mut. Fire Ins. Co.

566 So. 2d 529, 1990 WL 107756

District Court of Appeal of Florida | Filed: Jul 30, 1990 | Docket: 1529247

Cited 13 times | Published

no issue as to compliance with this statute [section 440.13(2)(b)] in the present case, and there is no

MR. C'S TV RENTAL v. Murray

559 So. 2d 452, 1990 WL 43136

District Court of Appeal of Florida | Filed: Apr 12, 1990 | Docket: 1751702

Cited 13 times | Published

We reverse based on Section 440.13(2)(e)2, Florida Statutes (1989). Section 440.13(2)(e)2 provides: 440

Palma v. State Farm Fire & Cas. Co.

489 So. 2d 147, 11 Fla. L. Weekly 1221

District Court of Appeal of Florida | Filed: May 28, 1986 | Docket: 1528829

Cited 13 times | Published

court looked to the Workers Compensation Act, section 440.13, Florida Statutes (1983) and adopted three

Turner v. Keller Kitchen Cabinets, Southern, Inc.

247 So. 2d 35

Supreme Court of Florida | Filed: Apr 14, 1971 | Docket: 1461588

Cited 13 times | Published

Stat. § 440.19(1) (a), F.S.A. and Fla. Stat. § 440.13(3) (b), F.S.A. had run on the claim. The employer

Turner v. Keller Kitchen Cabinets, Southern, Inc.

247 So. 2d 35

Supreme Court of Florida | Filed: Apr 14, 1971 | Docket: 1461588

Cited 13 times | Published

Stat. § 440.19(1) (a), F.S.A. and Fla. Stat. § 440.13(3) (b), F.S.A. had run on the claim. The employer

Pan American World Airways, Inc. v. Weaver

226 So. 2d 801

Supreme Court of Florida | Filed: May 21, 1969 | Docket: 449597

Cited 13 times | Published

respondent's employer is required, under F.S. § 440.13(1), F.S.A., to assume the full cost of the attendant's

Aguilera v. Inservices, Inc.

905 So. 2d 84, 2005 WL 1403993

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 2104286

Cited 12 times | Published

concerning compensability or medical benefits. See § 440.13, Fla. Stat. (2000). However, if a claimant believes

Williams v. Amax Chemical Corp.

543 So. 2d 277, 1989 WL 36156

District Court of Appeal of Florida | Filed: Apr 14, 1989 | Docket: 1729786

Cited 12 times | Published

for the wife's services must be governed by section 440.13(2)(e), Florida Statutes, (Supp. 1988) She may

Curtis v. FLA. CORR. INSTITUTE

509 So. 2d 1192, 12 Fla. L. Weekly 1569

District Court of Appeal of Florida | Filed: Jun 26, 1987 | Docket: 1362265

Cited 12 times | Published

hospitalized and given immediate attention. Under Section 440.13(3), Florida Statutes, a deputy may, at any

Daniel v. Holmes Lumber Co.

490 So. 2d 1252, 11 Fla. L. Weekly 278, 1986 Fla. LEXIS 2297

Supreme Court of Florida | Filed: Jun 26, 1986 | Docket: 1488776

Cited 12 times | Published

with the right to disability compensation, section 440.13(3)(b) provides a parallel provision with the

Cal Kovens Const. v. Lott

473 So. 2d 249, 10 Fla. L. Weekly 1752

District Court of Appeal of Florida | Filed: Jul 18, 1985 | Docket: 451752

Cited 12 times | Published

particularly since the other technical requirements of § 440.13(2), Fla. Stat., were complied with, and the employer/carrier

Fidelity & Cas. Co. of NY v. Cooper

382 So. 2d 1331

District Court of Appeal of Florida | Filed: Apr 25, 1980 | Docket: 1255591

Cited 12 times | Published

"the nature of the injury ... may require ..." § 440.13(1), Florida Statutes. Where an industrial injury

Butler v. Bay Center/Chubb Insurance Co.

947 So. 2d 570, 2006 Fla. App. LEXIS 21785, 2006 WL 3813782

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 1376522

Cited 11 times | Published

one-time change in her treating physician. See § 440.13(2)(c), (f), Fla. Stat. (2005). In workers' compensation

Wiggins v. B & L SERVICES, INC.

701 So. 2d 570, 1997 WL 564212

District Court of Appeal of Florida | Filed: Sep 12, 1997 | Docket: 1736767

Cited 11 times | Published

notwithstanding the limitations on carrier IMEs in section 440.13. It also provides that a dispute as to MMI

Sun Bank/South Florida, NA v. Baker

632 So. 2d 669, 1994 WL 51861

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 462632

Cited 11 times | Published

dismiss. CNS contends that language added to section 440.13(3) in 1983 permits it to enforce its contract

Caron v. Systematic Air Services

576 So. 2d 372, 1991 WL 30425

District Court of Appeal of Florida | Filed: Mar 11, 1991 | Docket: 1669938

Cited 11 times | Published

services from January 6, 1989, in accordance with Section 440.13(2)(e)(1), Florida Statutes. Accordingly, we

Thomas v. Salvation Army

562 So. 2d 746, 1990 WL 61926

District Court of Appeal of Florida | Filed: May 14, 1990 | Docket: 1674676

Cited 11 times | Published

that the EC fully complied with the provisions of § 440.13, Fla. Stat. Dr. Robert Rieman, an orthopedist

Reynolds v. Neisner Bros., Inc.

436 So. 2d 1070

District Court of Appeal of Florida | Filed: Sep 2, 1983 | Docket: 1340205

Cited 11 times | Published

neither entitled to medical expenses, pursuant to section 440.13(1), Florida Statutes, nor to permanent and

SQUARE G. CONST. CO. v. Grace

412 So. 2d 397

District Court of Appeal of Florida | Filed: Mar 25, 1982 | Docket: 528652

Cited 11 times | Published

character as not to violate the provisions of Section 440.13 with respect to authorization. Claimant testified

Firestone Tire & Rubber Co. v. Vaughn

381 So. 2d 740

District Court of Appeal of Florida | Filed: Apr 1, 1980 | Docket: 1718916

Cited 11 times | Published

involves an unusual award of palliative care under § 440.13(1), Florida Statutes (1977). The judge of industrial

Socolow v. Flanigans Enterprises

877 So. 2d 742, 2004 WL 1091155

District Court of Appeal of Florida | Filed: May 18, 2004 | Docket: 1285118

Cited 10 times | Published

compensable only if it is "medically necessary." § 440.13(2)(b), Fla. Stat. (1997). Generally, attendant

Wal-Mart Stores, Inc. v. Liggon

668 So. 2d 259, 1996 Fla. App. LEXIS 1150, 1996 WL 63251

District Court of Appeal of Florida | Filed: Feb 15, 1996 | Docket: 1290529

Cited 10 times | Published

of an IME to the four situations listed in section 440.13(2)(b), Florida Statutes (1991). That statute

Travelers Ins. Co. v. Sitko

496 So. 2d 920, 11 Fla. L. Weekly 2260

District Court of Appeal of Florida | Filed: Oct 27, 1986 | Docket: 427938

Cited 10 times | Published

759.82 to the unpaid medical care providers. Section 440.13(3) provides that "[t]he health care provider

Brown v. Winn-Dixie Montgomery, Inc.

469 So. 2d 155, 50 Fair Empl. Prac. Cas. (BNA) 458, 10 Fla. L. Weekly 1129, 1985 Fla. App. LEXIS 13817

District Court of Appeal of Florida | Filed: May 7, 1985 | Docket: 1372080

Cited 10 times | Published

sections 440.13, 440.15 and 440.16 of the act. Section 440.13 generally describes the employer's liability

Lewis v. Town & Country Auto Body Shop

447 So. 2d 403

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 2534885

Cited 10 times | Published

physician authorized to provide such medical care. § 440.13, Fla. Stat. (1981). Since Dr. Keeler refused to

Willard Kaufman Co. v. Rawlings

414 So. 2d 641

District Court of Appeal of Florida | Filed: Jun 2, 1982 | Docket: 1707191

Cited 10 times | Published

timely medical reports were filed pursuant to Section 440.13(1), Florida Statutes. The deputy commissioner

Budget Luxury Inns, Inc. v. Boston

407 So. 2d 997

District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 467429

Cited 10 times | Published

claim tolls the limitation period provided in Section 440.13(3)(b), stating that a claim may be filed within

Haverty Furniture Co. v. McKesson & Robbins, Inc.

19 So. 2d 59, 154 Fla. 772, 1944 Fla. LEXIS 815

Supreme Court of Florida | Filed: Aug 1, 1944 | Docket: 3275204

Cited 10 times | Published

benefits furnished by him to the employee under Section 440.13, F.S. 1941, the amounts paid as compensation

Amos v. Gartner, Inc.

17 So. 3d 829, 2009 Fla. App. LEXIS 12742, 2009 WL 2602304

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1645336

Cited 9 times | Published

the presumption of correctness as provided in section 440.13(9)(c), Florida Statutes (2004). Further, because

Inservices, Inc. v. Aguilera

837 So. 2d 464, 2002 WL 31870185

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1527540

Cited 9 times | Published

concerning compensibility or medical benefits. See § 440.13, Fla. Stat. (2000). However, if a claimant believes

Florida Distillers v. Rudd

751 So. 2d 754, 2000 WL 228617

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 2517561

Cited 9 times | Published

benefits to which they are entitled pursuant to section 440.13(2)(a) and (b), which pertains to medical treatment

Watkins Engineers & Constructors v. Wise

698 So. 2d 294, 1997 WL 394896

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 2218955

Cited 9 times | Published

E/C. At issue is the proper interpretation of section 440.13(5)(b)(1), Florida Statutes (Supp.1994), which

Watkins Engineers & Constructors v. Wise

698 So. 2d 294, 1997 WL 394896

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 2218955

Cited 9 times | Published

E/C. At issue is the proper interpretation of section 440.13(5)(b)(1), Florida Statutes (Supp.1994), which

Sam's Club v. Bair

678 So. 2d 902, 1996 WL 476878

District Court of Appeal of Florida | Filed: Aug 23, 1996 | Docket: 1470523

Cited 9 times | Published

transportation for medical treatment under section 440.13(2)(a), Florida Statutes (Supp.1994). As to

Alford v. G. Pierce Woods Memorial Hosp.

621 So. 2d 1380, 1993 WL 247134

District Court of Appeal of Florida | Filed: Jul 7, 1993 | Docket: 1677754

Cited 9 times | Published

We are unable to accept claimant's argument. Section 440.13(2)(a), Florida Statutes (1991), requires the

Paulk v. School Bd. of Palm Beach County

615 So. 2d 260, 1993 WL 64493

District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 1184428

Cited 9 times | Published

appeals a workers' compensation order by which section 440.13(2)(k), Florida Statutes (Supp. 1990), was applied

Diamond R. Fertilizer v. Davis

567 So. 2d 451, 1990 WL 126325

District Court of Appeal of Florida | Filed: Aug 30, 1990 | Docket: 1380466

Cited 9 times | Published

determining which benefits are medically necessary. Section 440.13(2), Florida Statutes, provides that an E/C

Hunter v. Allstate Ins. Co.

498 So. 2d 514, 11 Fla. L. Weekly 2376, 1986 Fla. App. LEXIS 10560

District Court of Appeal of Florida | Filed: Nov 13, 1986 | Docket: 1335261

Cited 9 times | Published

obtain those services. Both parties urge that section 440.13(5), Florida Statutes (1985),[1] dealing with

Fuchs Baking Co. v. Estate of Szlosek

466 So. 2d 415, 10 Fla. L. Weekly 836

District Court of Appeal of Florida | Filed: Apr 2, 1985 | Docket: 438265

Cited 9 times | Published

file timely medical reports as required by Section 440.13(2), Florida Statutes (1983). Affirmed in part

Sealey Mattress Co. v. Gause

466 So. 2d 399, 10 Fla. L. Weekly 801

District Court of Appeal of Florida | Filed: Mar 28, 1985 | Docket: 438526

Cited 9 times | Published

by a spouse rendering gratuitous services. Section 440.13(2)(b), Florida Statutes (1983), provides that

Usher v. Cothron

445 So. 2d 387

District Court of Appeal of Florida | Filed: Feb 13, 1984 | Docket: 1288058

Cited 9 times | Published

Flanders, 416 So.2d 1234 (Fla. 1st DCA 1982); § 440.13, Fla. Stat. Here, the deputy did not find, and

City of Fort Lauderdale v. Flanders

416 So. 2d 1234, 1982 Fla. App. LEXIS 20576

District Court of Appeal of Florida | Filed: Jul 20, 1982 | Docket: 1224482

Cited 9 times | Published

responsible for the medical bills incurred. Section 440.13(2), Florida Statutes, provides: If an injured

City of Fort Lauderdale v. Flanders

416 So. 2d 1234, 1982 Fla. App. LEXIS 20576

District Court of Appeal of Florida | Filed: Jul 20, 1982 | Docket: 1224482

Cited 9 times | Published

responsible for the medical bills incurred. Section 440.13(2), Florida Statutes, provides: If an injured

LAKE COUNTY COM'RS v. Walburn

409 So. 2d 153

District Court of Appeal of Florida | Filed: Jan 28, 1982 | Docket: 526495

Cited 9 times | Published

sought by the claimant. As a matter of fact, Section 440.13(2), Florida Statutes (1979), authorizes a deputy

Parodi v. Florida Contracting Co., Inc.

16 So. 3d 958, 2009 Fla. App. LEXIS 12743, 2009 WL 2602295

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1127362

Cited 8 times | Published

is admissible in proceedings before the [JCC]. § 440.13(5)(e), Fla. Stat. (2003). This court has held

Dawson v. CLERK OF CIRCUIT CT.-HILLSBOROUGH CTY.

991 So. 2d 407, 2008 WL 4298565

District Court of Appeal of Florida | Filed: Sep 23, 2008 | Docket: 1400619

Cited 8 times | Published

medical advisor, and the constitutionality of section 440.13(2)(f), Florida Statutes (2003). For the reasons

PROVIDENCE PROPERTY AND CAS. v. Wilson

990 So. 2d 1224, 2008 WL 4298546

District Court of Appeal of Florida | Filed: Sep 23, 2008 | Docket: 1291492

Cited 8 times | Published

one-time change in physician, which pursuant to section 440.13(2)(f), Florida Statutes (2005), must be sought

Malu v. SECURITY NAT. INS. CO.

898 So. 2d 69, 2005 WL 549933

Supreme Court of Florida | Filed: Mar 10, 2005 | Docket: 1732234

Cited 8 times | Published

compensation statute that was repealed in 1993, section 440.13(6), Florida Statutes (1993). Malu, 848 So.2d

City of Bartow v. Brewer

896 So. 2d 931, 2005 WL 491299

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 1683572

Cited 8 times | Published

the lists the E/C provided to Ms. Brewer.[3] Section 440.13(2)(c), Florida Statutes, does not authorize

Ryder Truck Rental, Inc. v. Perez

715 So. 2d 289, 1998 Fla. App. LEXIS 6584, 1998 WL 299388

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 1717035

Cited 8 times | Published

(Fla. 1984), superseded in part by statute, section 440.13(2), Florida Statutes (1988); see also Acosta

Union Camp Corp. v. Hurst

696 So. 2d 873, 1997 WL 287557

District Court of Appeal of Florida | Filed: Jun 2, 1997 | Docket: 1696157

Cited 8 times | Published

to admit the medical opinion testimony under section 440.13(5)(e), Florida Statutes (Supp.1994). We agree

DeLong v. 3015 WEST CORPORATION

558 So. 2d 108, 1990 WL 19950

District Court of Appeal of Florida | Filed: Mar 5, 1990 | Docket: 2578135

Cited 8 times | Published

his recovery," by treatment of his injury. Section 440.13(2)(a), Florida Statutes, authorizes the award

Lamounette v. Akins

547 So. 2d 1001, 1989 WL 90493

District Court of Appeal of Florida | Filed: Aug 10, 1989 | Docket: 1474497

Cited 8 times | Published

on the alleged overutilization of services. Section 440.13(4)(d)4 (Supp. 1988) provides: If it is determined

Fuster v. Eastern Airlines, Inc.

545 So. 2d 268, 1988 WL 131135

District Court of Appeal of Florida | Filed: Dec 13, 1988 | Docket: 1345160

Cited 8 times | Published

flying with a brace, for he prescribed it. Section 440.13(2)(a) Florida Statutes, provides that an employer

City of Orlando v. Blackburn

519 So. 2d 1017, 1987 WL 2631

District Court of Appeal of Florida | Filed: Dec 9, 1987 | Docket: 1698797

Cited 8 times | Published

treatment, care and attendance" as used in section 440.13, Florida Statutes (1981), and also would be

DeLong v. 3015 WEST CORPORATION

491 So. 2d 1306, 11 Fla. L. Weekly 1688

District Court of Appeal of Florida | Filed: Aug 5, 1986 | Docket: 1383798

Cited 8 times | Published

basis for an award of attendant care services. Section 440.13(2)(d), Florida Statutes (1983); B.G. Willis

Deinema v. Pierpoint Condominiums

415 So. 2d 811

District Court of Appeal of Florida | Filed: Jun 18, 1982 | Docket: 459156

Cited 8 times | Published

in compliance with the express provisions of Section 440.13(2), Florida Statutes (1979), requiring the

Jack Eckerd Corp. v. Coker

411 So. 2d 1026

District Court of Appeal of Florida | Filed: Apr 1, 1982 | Docket: 1696985

Cited 8 times | Published

hospital ever filed medical reports as required by § 440.13, Florida Statutes (1979). On February 24, 1980

DOCTORS HOSP., LAKE WORTH v. Robinson

411 So. 2d 958

District Court of Appeal of Florida | Filed: Mar 29, 1982 | Docket: 1327158

Cited 8 times | Published

Robinson reimbursement for child care expenses. § 440.13, Fla. Stat. (1977). In view of the unusual nature

Torres v. Eden Roc Hotel

238 So. 2d 639

Supreme Court of Florida | Filed: Jul 30, 1970 | Docket: 552470

Cited 8 times | Published

payment of medical bills of claimant. Fla. Stat. § 440.13(1), F.S.A., provides that an injured claimant

Fidelity Const. Co. v. Arthur J. Collins & Son, Inc.

130 So. 2d 612

Supreme Court of Florida | Filed: May 24, 1961 | Docket: 1682373

Cited 8 times | Published

his employees of the compensation payable under § 440.13 * * *. In case a contractor sublets any part or

Di Giorgio Fruit Corp. v. Pittman

49 So. 2d 600, 1950 Fla. LEXIS 1676

Supreme Court of Florida | Filed: Dec 12, 1950 | Docket: 1450859

Cited 8 times | Published

this proceeding involves the construction of Section 440.13, Florida Statutes 1941, as amended by Chapter

Avalon Center v. Hardaway

967 So. 2d 268, 2007 WL 2733823

District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 1733684

Cited 7 times | Published

Spangler, for a utilization review pursuant to section 440.13(6), Florida Statutes (2006). That statute requires

Cortina v. STATE, DEPT. OF HRS

901 So. 2d 273, 30 Fla. L. Weekly Fed. D 1289

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 1666274

Cited 7 times | Published

report for fact purposes only; and 3) whether section 440.13(5)(e), Florida Statutes, which excludes certain

At & T WIRELESS SERVICES, INC. v. Castro

896 So. 2d 828, 2005 WL 405478

District Court of Appeal of Florida | Filed: Feb 22, 2005 | Docket: 1683549

Cited 7 times | Published

877 So.2d 852, 853 (Fla. 1st DCA 2004); see also § 440.13(2)(b), Fla. Stat. (1997)-(2002) (E/C must provide

Rivendell of Ft. Walton v. Petway

833 So. 2d 292, 2002 WL 31887694

District Court of Appeal of Florida | Filed: Dec 30, 2002 | Docket: 1259009

Cited 7 times | Published

appointment of an expert medical advisor (EMA) under section 440.13(9), Florida Statutes (1995). The JCC found

S & a PLUMBING v. Kimes

756 So. 2d 1037, 2000 WL 331938

District Court of Appeal of Florida | Filed: Mar 31, 2000 | Docket: 471070

Cited 7 times | Published

pursuant to section 440.13(4), Florida Statutes (Supp.1994), arguing that section 440.13(4)(c) is facially

WALSDORF SHEET METAL WORKS v. Gonzalez

719 So. 2d 355, 1998 WL 729653

District Court of Appeal of Florida | Filed: Oct 21, 1998 | Docket: 1351558

Cited 7 times | Published

appointment of an expert medical advisor pursuant to section 440.13(9)(c), Florida Statutes (1995). We conclude

Artigas v. Winn Dixie Stores, Inc.

622 So. 2d 1346, 1993 WL 299510

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 2487424

Cited 7 times | Published

the bills were not timely claimed pursuant to section 440.13(2)(d) which requires submission to the E/C

Marlowe v. Dogs Only Grooming

589 So. 2d 990, 1991 WL 239907

District Court of Appeal of Florida | Filed: Nov 13, 1991 | Docket: 1441316

Cited 7 times | Published

denying her claim for attendant care benefits. Section 440.13(2)(a), Florida Statutes (1989), authorizes

Stuckey v. EAGLE PEST CONTROL CO. INC.

531 So. 2d 350, 1988 WL 81957

District Court of Appeal of Florida | Filed: Aug 10, 1988 | Docket: 24224

Cited 7 times | Published

opinion and a second treating physician. Under section 440.13(2)(a), Florida Statutes (1985), "once the claimant

Jackson v. Publix Supermarkets, Inc.

520 So. 2d 50, 1987 WL 31972

District Court of Appeal of Florida | Filed: Dec 29, 1987 | Docket: 1709405

Cited 7 times | Published

obligation would render them responsible pursuant to section 440.13(2), Florida Statutes, for the unauthorized

FLAGSHIP NAT. BK. OF BROWARD v. Hinkle

479 So. 2d 828, 10 Fla. L. Weekly 2760

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 1514399

Cited 7 times | Published

employee. Medical benefits are provided for in section 440.13. Section 440.15(5)(a) reads: The fact that

Carruth v. Allied Products Co.

452 So. 2d 634, 1984 Fla. App. LEXIS 13543

District Court of Appeal of Florida | Filed: Jun 12, 1984 | Docket: 474511

Cited 7 times | Published

presumption of twenty cents per mile derived from section 440.13(4), Florida Statutes (Supp. 1980). Consequently

City of Leesburg v. Balliet

413 So. 2d 860

District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 38459

Cited 7 times | Published

which are not compensable. Florida Statutes, Section 440.13, provides that an employee shall not be entitled

Geiger Distributors, Inc. v. Snow

186 So. 2d 507

Supreme Court of Florida | Filed: May 11, 1966 | Docket: 533048

Cited 7 times | Published

reports are not filed within ten days as required by § 440.13(1), Florida Statutes, F.S.A. On the last series

Kirk v. Publix Super Markets

185 So. 2d 161

Supreme Court of Florida | Filed: Mar 30, 1966 | Docket: 1308067

Cited 7 times | Published

Commission, the employer and the employee. F.S. Section 440.13(1), F.S.A. and Commission Rule 20 both require

Daoud v. Matz

73 So. 2d 51, 1954 Fla. LEXIS 1493

Supreme Court of Florida | Filed: Jun 4, 1954 | Docket: 1796172

Cited 7 times | Published

obligation to furnish medical benefits pursuant to section 440.13, Florida Statutes 1953, F.S.A. If any advancements

Riggenbach v. Rhodes

267 So. 3d 551

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709237

Cited 6 times | Published

the originally authorized doctor" pursuant to section 440.13(2)(f), Florida Statutes (2016). Id. at 1278-79

Riggenbach v. Rhodes

267 So. 3d 551

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709237

Cited 6 times | Published

the originally authorized doctor" pursuant to section 440.13(2)(f), Florida Statutes (2016). Id. at 1278-79

Perez v. Rooms to Go

997 So. 2d 511, 2008 WL 5391917

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1721093

Cited 6 times | Published

on appeal without further comment. Because section 440.13(2)(f), Florida Statutes (2004), limits a claimant

Broward Children's Center, Inc. v. Hall

859 So. 2d 623, 2003 WL 22799491

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 1284677

Cited 6 times | Published

motion for rehearing in which they argued that section 440.13(9)(c), Florida Statutes (1997), mandated the

Walgreen Co. v. Carver

770 So. 2d 172, 2000 WL 1224735

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1779341

Cited 6 times | Published

the basis of clear and convincing evidence. See § 440.13(9)(c), Fla. Stat. (1999). We have said that an

Soriano v. Gold Coast Aerial Lift, Inc.

705 So. 2d 636, 1998 Fla. App. LEXIS 886, 1998 WL 17045

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1753698

Cited 6 times | Published

sought treatment from another physician. Under section 440.13(2)(c), Florida Statutes (1995), the E/C has

Soriano v. Gold Coast Aerial Lift, Inc.

705 So. 2d 636, 1998 Fla. App. LEXIS 886, 1998 WL 17045

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1753698

Cited 6 times | Published

sought treatment from another physician. Under section 440.13(2)(c), Florida Statutes (1995), the E/C has

Gassner v. Bechtel Const.

702 So. 2d 548, 1997 WL 694960

District Court of Appeal of Florida | Filed: Nov 10, 1997 | Docket: 1513310

Cited 6 times | Published

opinion on any issue, purportedly in contrast to section 440.13(5), which is said to allow each claimant an

Reed v. Reed

643 So. 2d 1180, 1994 WL 561839

District Court of Appeal of Florida | Filed: Oct 17, 1994 | Docket: 1493117

Cited 6 times | Published

the examining physicians as it conflicts with section 440.13(2)(b), Florida Statutes (1993), which gives

Publix Supermarket, Inc. v. Hart

609 So. 2d 1342, 1992 Fla. App. LEXIS 12324, 1992 WL 358122

District Court of Appeal of Florida | Filed: Dec 7, 1992 | Docket: 1738405

Cited 6 times | Published

employer still failed to provide such services. § 440.13(2)(a) and (d), Fla. Stat. (1991). In the present

Terners of Miami Corp. v. Freshwater

599 So. 2d 674, 1992 WL 88870

District Court of Appeal of Florida | Filed: May 5, 1992 | Docket: 1483780

Cited 6 times | Published

Security (Division). They base their argument upon Section 440.13(2)(i)1., Florida Statutes (Supp. 1990), which

Temps & Co. Services v. Cremeens

597 So. 2d 394, 1992 WL 76450

District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 1704446

Cited 6 times | Published

of a modified vehicle with AT/PS pursuant to section 440.13(2)(a), Florida Statutes (1989); see Stables

Chase v. Henkel & McCoy

562 So. 2d 831, 1990 WL 77397

District Court of Appeal of Florida | Filed: Jun 7, 1990 | Docket: 1674546

Cited 6 times | Published

services of which they were unaware. Pursuant to section 440.13(2), Florida Statutes (1987), the employer is

Stables v. Rivers

562 So. 2d 784, 1990 WL 71618

District Court of Appeal of Florida | Filed: May 24, 1990 | Docket: 1674672

Cited 6 times | Published

such services were properly awarded under section 440.13, Florida Statutes. See generally, Khawam v

Prestressed Decking Corp. v. Medrano

556 So. 2d 406, 1989 WL 87555

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 1528406

Cited 6 times | Published

claimant was beyond the deputy's authority under Section 440.13(2)(a), Florida Statutes.[2]Doctor's Hospital

Long Grove Builders, Inc. v. Haun

508 So. 2d 476, 12 Fla. L. Weekly 1411

District Court of Appeal of Florida | Filed: Jun 5, 1987 | Docket: 1649011

Cited 6 times | Published

Division of Workers' Compensation pursuant to section 440.13, Florida Statutes. We hold he may not, and

Don Harris Plumbing Co. v. Henderson

454 So. 2d 745

District Court of Appeal of Florida | Filed: Aug 22, 1984 | Docket: 1508376

Cited 6 times | Published

CSE supports this award. We agree and affirm. Section 440.13(2)(d), Florida Statutes (1983), provides that

Professional Administrators v. MacIas

448 So. 2d 1159, 1984 Fla. App. LEXIS 12710

District Court of Appeal of Florida | Filed: Apr 16, 1984 | Docket: 401517

Cited 6 times | Published

chiropractic care "as long as necessary." We affirm. Section 440.13(1) requires the provision of medical care "as

SPEC. DIS. TRUST FUND v. Motor & Compressor Co.

446 So. 2d 224

District Court of Appeal of Florida | Filed: Mar 2, 1984 | Docket: 1779891

Cited 6 times | Published

appellate tribunal of this State. We must look to Section 440.13 for guidance inasmuch as the reimbursement

Khawam v. COLLISION CLINICS INTERN., INC.

413 So. 2d 827

District Court of Appeal of Florida | Filed: May 6, 1982 | Docket: 1344659

Cited 6 times | Published

benefits for attendant care requested, pursuant to Section 440.13, Florida Statutes (Supp. 1978), are not compensable

Cedars of Lebanon Health Care Center, Inc. v. Summerset

409 So. 2d 185

District Court of Appeal of Florida | Filed: Feb 2, 1982 | Docket: 525833

Cited 6 times | Published

and treatment within the time prescribed by Section 440.13(1), Florida Statutes. We find no error in the

Jones v. Plantation Foods

388 So. 2d 590

District Court of Appeal of Florida | Filed: Aug 28, 1980 | Docket: 1520832

Cited 6 times | Published

failed to timely submit the reports required by Section 440.13, Florida Statutes (1975). The judge's order

Robinson v. Howard Hall Company

219 So. 2d 688

Supreme Court of Florida | Filed: Mar 5, 1969 | Docket: 1352324

Cited 6 times | Published

Commission's quoted order, we do not find F.S. Section 440.13, F.S.A. or any provision of Chapter 440 precludes

Miami Beach First National Bank v. Dunn

85 So. 2d 556

Supreme Court of Florida | Filed: Feb 15, 1956 | Docket: 64755

Cited 6 times | Published

payment containing specified information; and Section 440.13 requires that the attending physician or physicians

Phillips v. City of West Palm Beach

70 So. 2d 345, 1953 Fla. LEXIS 1846

Supreme Court of Florida | Filed: Dec 11, 1953 | Docket: 1277780

Cited 6 times | Published

thousand dollars in addition to any benefits under § 440.13 for medical services and treatment and under subsection

Lowe's Home Centers, Inc. and Sedgwick CMS v. Sandra K. Beekman

187 So. 3d 318

District Court of Appeal of Florida | Filed: Mar 3, 2016 | Docket: 3041619

Cited 5 times | Published

review of the relevant statutory provisions. Section 440.13(9), Florida Statutes (2013), the provision

Jackson v. Merit Electric

37 So. 3d 381, 2010 Fla. App. LEXIS 8173, 2010 WL 2292934

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1668955

Cited 5 times | Published

furnished for an accident, but for an injury. See § 440.13(2)(a), Florida Statutes. Thus, it is not the accident

Florida Detroit Diesel v. Nathai

28 So. 3d 182, 2010 Fla. App. LEXIS 1644, 2010 WL 547148

District Court of Appeal of Florida | Filed: Feb 18, 2010 | Docket: 1165843

Cited 5 times | Published

patient's diagnosis and status of recovery. See § 440.13(1)(m), Fla. Stat. (2003). This broad definition

Sunshine Towing, Inc. v. Fonseca

933 So. 2d 594, 2006 WL 1627795

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 1712248

Cited 5 times | Published

Claimant's home to meet his medical needs under section 440.13(2)(a), Florida Statutes (2004). E/C sought

Chapman v. Nationsbank

872 So. 2d 390, 29 Fla. L. Weekly Fed. D 1076

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 1706783

Cited 5 times | Published

an expert medical advisor (EMA) pursuant to section 440.13(9), Florida Statutes (1997), and the employer/carrier

Allen v. Protel, Inc.

852 So. 2d 916, 28 Fla. L. Weekly Fed. D 1945

District Court of Appeal of Florida | Filed: Aug 21, 2003 | Docket: 1305789

Cited 5 times | Published

overcome by clear and convincing evidence. See § 440.13(9)(c), Fla. Stat. (1997). As so phrased, claimant's

Clairson Intern. v. Rose

718 So. 2d 210, 1998 WL 422445

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 466300

Cited 5 times | Published

appeal a compensation order, contending that section 440.13(5)(e), Florida Statutes (Supp.1994), required

Wal-Mart Stores, Inc. v. Mann

690 So. 2d 649, 1997 WL 108937

District Court of Appeal of Florida | Filed: Mar 13, 1997 | Docket: 194885

Cited 5 times | Published

waiver of medical necessity and causation under section 440.13(3)(d), Florida Statutes (Supp.1994). That provision

Williams v. Triple J Enterprises

650 So. 2d 1114, 1995 Fla. App. LEXIS 1853, 1995 WL 73563

District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 1703177

Cited 5 times | Published

v. Akins, 547 So.2d 1001 (Fla. 1st DCA 1989); § 440.13(4)(a), Fla. Stat. (1989) ("Reimbursement for all

Clair v. GLADES COUNTY BD. OF COM'RS

649 So. 2d 224, 1995 WL 16886

Supreme Court of Florida | Filed: Jan 19, 1995 | Docket: 1693741

Cited 5 times | Published

certified to be of great public importance: WHETHER SECTION 440.13, FLORIDA STATUTES, PERMITS A PHYSICIAN, PRACTICING

Jackson v. Columbia Pictures

610 So. 2d 1349, 1992 WL 385367

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1413575

Cited 5 times | Published

dispositive of the attendant care issue under section 440.13(2)(d), Florida Statutes (1985). See Rodriguez

Timothy Bowser Const. Co. v. Kowalski

605 So. 2d 885, 1992 WL 206368

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 1702252

Cited 5 times | Published

family, was beyond deputy's authority under section 440.13(2)(a), Florida Statutes, governing medical

Carswell v. Broderick Const.

583 So. 2d 803, 1991 WL 152496

District Court of Appeal of Florida | Filed: Aug 12, 1991 | Docket: 1284353

Cited 5 times | Published

and Employment Security. The provisions of section 440.13, Florida Statutes (1991), dealing with the

Howard Johnsons v. Pineda

560 So. 2d 336, 1990 WL 52794

District Court of Appeal of Florida | Filed: Apr 25, 1990 | Docket: 2503380

Cited 5 times | Published

erred by refusing to apply the provisions of Section 440.13(2)(e), Florida Statutes (Supp. 1988), in determining

Applegate Drywall Company v. Patrick

559 So. 2d 736, 1990 WL 48645

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 465466

Cited 5 times | Published

van is awardable as a medical benefit under section 440.13(2), Florida Statutes, upon an appropriate showing

Sistrunk v. City of Dunedin

513 So. 2d 200, 12 Fla. L. Weekly 2228

District Court of Appeal of Florida | Filed: Sep 11, 1987 | Docket: 1689365

Cited 5 times | Published

Harrison, 443 So.2d 389 (Fla. 1st DCA 1983). Section 440.13(2)(b), Florida Statutes, requires the employer

Mills v. Walden-Sparkman, Inc.

493 So. 2d 64, 11 Fla. L. Weekly 1847

District Court of Appeal of Florida | Filed: Aug 22, 1986 | Docket: 1247564

Cited 5 times | Published

totally deny the claim for transportation costs. Section 440.13(4), Florida Statutes (1982) [now 440.13(5)]

Hill v. Beverly Enterprises

489 So. 2d 118, 11 Fla. L. Weekly 1144

District Court of Appeal of Florida | Filed: May 16, 1986 | Docket: 545786

Cited 5 times | Published

selection and changes in authorized physicians. Section 440.13(2)(a), Florida Statutes (1985) provides: [T]he

Champlain Towers v. Dudley

481 So. 2d 532, 11 Fla. L. Weekly 130

District Court of Appeal of Florida | Filed: Jan 3, 1986 | Docket: 1529269

Cited 5 times | Published

made." He relied upon the following provisions of § 440.13, Florida Statutes: (3) If an injured employee

BRADLEY CONST. v. White

457 So. 2d 547

District Court of Appeal of Florida | Filed: Oct 9, 1984 | Docket: 426226

Cited 5 times | Published

order is based on the judicial gloss given to Section 440.13(1), Florida Statutes (1981), which section

EXCEPTIONAL CHILDREN'S HOME, ETC. v. Fortuna

414 So. 2d 1130

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 1358706

Cited 5 times | Published

which would preclude a finding of bad faith. Section 440.13(1) requires that hospital bills be forwarded

DIVISION OF WORKERS'COMP., ETC. v. McKee

413 So. 2d 805

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 2582235

Cited 5 times | Published

ERVIN and SHIVERS, JJ., concur. NOTES [1] See § 440.13(3)(a), Florida Statutes.

Exxon Co., USA v. Rodriguez

410 So. 2d 571

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 1518553

Cited 5 times | Published

hospitals did not file reports as required by Section 440.13, Florida Statutes (1979), their bills are not

Delta Airlines v. Underwood

406 So. 2d 1188

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 2557687

Cited 5 times | Published

properly comply with the procedures specified in Section 440.13(2), Florida Statutes (1979).[1]See Redwing

Smith v. James Pirtle Construction Co.

405 So. 2d 290

District Court of Appeal of Florida | Filed: Oct 30, 1981 | Docket: 2584011

Cited 5 times | Published

the order denying the motion, contending that § 440.13, Florida Statutes, compels reversal because it

Cover v. TG & Y

377 So. 2d 792

District Court of Appeal of Florida | Filed: Dec 7, 1979 | Docket: 423396

Cited 5 times | Published

apparatus as the nature of the injury may require. Section 440.13(1), Florida Statutes. Walt Disney World Co

In Re Florida Workmen's Compensation Rules of Pro.

285 So. 2d 601, 1973 Fla. LEXIS 4246

Supreme Court of Florida | Filed: Nov 14, 1973 | Docket: 1743841

Cited 5 times | Published

injured employees or their attorneys, pursuant to Section 440.13(1), Florida Statutes, F.S.A., shall be without

Iowa National Mutual Insurance Co. v. Webb

174 So. 2d 21

Supreme Court of Florida | Filed: Apr 14, 1965 | Docket: 222145

Cited 5 times | Published

is not barred by the statute of limitations. Section 440.13(3) (b), F.S. 1955, F.S.A. provides that claims

Strickland v. Al Landers Dump Trucks, Inc.

170 So. 2d 445

Supreme Court of Florida | Filed: Dec 21, 1964 | Docket: 438143

Cited 5 times | Published

failure to file medical reports as prescribed by Section 440.13(1), F.S.A. Claimant challenges the finding

Townsley v. Miami Roofing and Sheet Metal Company

79 So. 2d 785

Supreme Court of Florida | Filed: Apr 29, 1955 | Docket: 1361222

Cited 5 times | Published

compensation and to render medical aid. See Section 440.13(3) (b), Fla. Stat. 1953, F.S.A.; Marshall v

Hancock v. Suwannee County School Board

149 So. 3d 1188, 2014 Fla. App. LEXIS 17871, 2014 WL 5487123

District Court of Appeal of Florida | Filed: Oct 31, 2014 | Docket: 60243784

Cited 4 times | Published

(“no-show fee”) of $600 for the missed exam. Section 440.13(5)(d), Florida Statutes (2012), requires an

Hornfischer v. Manatee County Sheriff's Office

136 So. 3d 703, 37 I.E.R. Cas. (BNA) 1282, 2014 WL 538698, 2014 Fla. App. LEXIS 1826

District Court of Appeal of Florida | Filed: Feb 12, 2014 | Docket: 60240064

Cited 4 times | Published

required to submit reports to the employer/carrier. § 440.13(4)(a), (c). For these reasons, the employer cannot

Farnam v. U.S. Sugar Corp.

9 So. 3d 41, 2009 Fla. App. LEXIS 1922, 2009 WL 559915

District Court of Appeal of Florida | Filed: Mar 6, 2009 | Docket: 1667313

Cited 4 times | Published

trauma claim, she erred in denying the IME. Section 440.13(5), Florida Statutes, allows for an IME when

James W. Windham Builders, Inc. v. Overloop

951 So. 2d 40, 2007 Fla. App. LEXIS 3270, 2007 WL 649340

District Court of Appeal of Florida | Filed: Mar 6, 2007 | Docket: 1280705

Cited 4 times | Published

Claimant's attendant care. We agree with E/C that section 440.13(2)(b), Florida Statutes (2004), requires that

Seminole County School Bd. v. Tweedie

922 So. 2d 1011, 2006 WL 264061

District Court of Appeal of Florida | Filed: Feb 6, 2006 | Docket: 1683319

Cited 4 times | Published

attorney's fees. This appeal followed. Pursuant to section 440.13(5)(e), Florida Statutes (2003), the only medical

ST. AUGUSTINE MARINE CANVAS v. Lunsford

917 So. 2d 280, 2005 WL 3454016

District Court of Appeal of Florida | Filed: Dec 19, 2005 | Docket: 1509578

Cited 4 times | Published

treating physician on the supposed authority of section 440.13(3)(d), Florida Statutes (2002). On that basis

Zabik v. Palm Beach County School District

911 So. 2d 858, 2005 WL 2297539

District Court of Appeal of Florida | Filed: Sep 22, 2005 | Docket: 1500954

Cited 4 times | Published

authority supports the issuance of the IME order. Section 440.13(5)(a), Florida Statutes (2000), permits an

Malu v. SECURITY NAT. INS. CO.

848 So. 2d 373, 2003 Fla. App. LEXIS 7498, 2003 WL 21180173

District Court of Appeal of Florida | Filed: May 21, 2003 | Docket: 1309351

Cited 4 times | Published

fact that the workers' compensation statute, section 440.13(5), Florida Statutes (1985), included the "reasonable

Padilla v. Liberty Mut. Ins. Co.

832 So. 2d 916, 2002 Fla. App. LEXIS 18630, 2002 WL 31833726

District Court of Appeal of Florida | Filed: Dec 19, 2002 | Docket: 1700071

Cited 4 times | Published

reimbursement in an ordinary contract dispute. Compare § 440.13(12), Fla. Stat. (2001) (creating panels to set

Bassett v. Laber

722 So. 2d 834, 1998 WL 530178

District Court of Appeal of Florida | Filed: Aug 25, 1998 | Docket: 2583580

Cited 4 times | Published

the testimony of Dr. Howard D. Weaver, D.O. Section 440.13(5)(e), Florida Statutes, limits medical opinion

Johns Eastern Co., Inc. v. Matta

717 So. 2d 91, 1998 Fla. App. LEXIS 9849, 1998 WL 455258

District Court of Appeal of Florida | Filed: Aug 7, 1998 | Docket: 1277354

Cited 4 times | Published

for the admission of his testimony. We agree. Section 440.13(9), Florida Statutes (Supp. 1994), provides

LAKELAND REGIONAL MED. CENTER v. Murphy

695 So. 2d 895, 1997 WL 338837

District Court of Appeal of Florida | Filed: Jun 23, 1997 | Docket: 425138

Cited 4 times | Published

examiner; or (3) an authorized treating provider. § 440.13(5)(e), Fla. Stat. (1995). With regard to Dr. Gonzalez

Strohm v. Hertz Corp.

685 So. 2d 37, 1996 WL 708615

District Court of Appeal of Florida | Filed: Dec 5, 1996 | Docket: 1415146

Cited 4 times | Published

Strohm challenges the constitutionality of section 440.13(2)(a), Florida Statutes (1994 Supp.). Under

Televisual Comm. v. St. Dept. of Labor

667 So. 2d 372, 1995 WL 698885

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 1511568

Cited 4 times | Published

reverse and remand for further proceedings. Section 440.13(3), Florida Statutes (Supp. 1994), provides:

Montgomery Ward v. Lovell

652 So. 2d 509, 1995 WL 133352

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 1518054

Cited 4 times | Published

compensation claim for attendant care benefits under section 440.13, Florida Statutes. At the hearing, Lovell relied

DEPT. OF LABOR AND EMP. SEC. v. Bradley

636 So. 2d 802

District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 1715216

Cited 4 times | Published

(4) the proposed new rules amend or modify section 440.13, and exceed the authority for rulemaking delegated

Farm Stores, Inc. v. Fletcher

621 So. 2d 706, 1993 Fla. App. LEXIS 5069, 1993 WL 143948

District Court of Appeal of Florida | Filed: May 7, 1993 | Docket: 1266067

Cited 4 times | Published

examination, however, is not without limitation. Section 440.13(2)(b), Florida Statutes (1991), seems to impose

Attitudes & Trends v. Arsuaga

616 So. 2d 1103, 1993 WL 102154

District Court of Appeal of Florida | Filed: Apr 8, 1993 | Docket: 1385430

Cited 4 times | Published

reject the employer/carrier's contention that section 440.13(2)(f), Florida Statutes (Supp. 1990), precludes

Arizona Chemical Corp. v. Hanlon

605 So. 2d 938, 1992 WL 235292

District Court of Appeal of Florida | Filed: Sep 25, 1992 | Docket: 1702021

Cited 4 times | Published

recovery process may require. § 440.13(2)(a), Fla. Stat. (1991). Section 440.13(1)(d), Florida Statutes (1991)

Wolk v. Jaylen Homes, Inc.

593 So. 2d 1058, 1992 WL 862

District Court of Appeal of Florida | Filed: Jan 2, 1992 | Docket: 446273

Cited 4 times | Published

issue in this case falls within the purview of section 440.13, Florida Statutes, which provides in pertinent

Rodriguez v. Howard Industries

588 So. 2d 646, 1991 WL 216525

District Court of Appeal of Florida | Filed: Oct 25, 1991 | Docket: 1198082

Cited 4 times | Published

added). Turning to the attendant care issue, Section 440.13(2), Florida Statutes (Supp. 1988), requires

Allied Discount Tires v. Cook

587 So. 2d 626, 1991 WL 204595

District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 1713683

Cited 4 times | Published

to someone who continued to treat claimant. Section 440.13(2), Florida Statutes (1985), requires the E/C

Brown v. Steego Auto Parts

585 So. 2d 401, 1991 WL 167290

District Court of Appeal of Florida | Filed: Aug 27, 1991 | Docket: 1293664

Cited 4 times | Published

industrial accident may be awarded pursuant to section 440.13(2)(a), Florida Statutes, if it would aid in

Atlantic Foundation v. Gurlacz

582 So. 2d 10, 1991 WL 75574

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 1715868

Cited 4 times | Published

has jurisdiction of this matter, relying on section 440.13(2)(i)1., Florida Statutes (Supp. 1990) and

City of North Miami v. Towers

557 So. 2d 112, 1990 Fla. App. LEXIS 826, 1990 WL 10883

District Court of Appeal of Florida | Filed: Feb 8, 1990 | Docket: 456886

Cited 4 times | Published

fifteen percent discount on store merchandise. Section 440.13(2)(e)2, Florida Statutes (Supp. 1988),[1] provides:

Teimer v. Pixie Playmates

532 So. 2d 37, 1988 WL 105511

District Court of Appeal of Florida | Filed: Sep 23, 1988 | Docket: 450540

Cited 4 times | Published

needed. We are also aware of the provisions of section 440.13(3), Florida Statutes, where it is stated: "[i]t

City of Hialeah v. Jimenez

527 So. 2d 936, 1988 WL 67274

District Court of Appeal of Florida | Filed: Jun 30, 1988 | Docket: 1526128

Cited 4 times | Published

See Kirkland v. Harold Pratt Paving, supra; section 440.13(2)(b), Florida Statutes. The deputy also resolved

Honeycutt v. RG Butlers Dairy

525 So. 2d 984, 1988 WL 50143

District Court of Appeal of Florida | Filed: May 20, 1988 | Docket: 1304679

Cited 4 times | Published

diligently investigated, that such benefits are due. Section 440.13(2)(b) requires the employer to provide nursing

Norrell Corp. v. Carle

509 So. 2d 1377, 12 Fla. L. Weekly 1777

District Court of Appeal of Florida | Filed: Jul 23, 1987 | Docket: 1362081

Cited 4 times | Published

nature of the injury or the process of recovery. Section 440.13(2)(a), Florida Statutes (1985); Smith v. James

CATV Support Services, Inc. v. Lohr

509 So. 2d 1189, 12 Fla. L. Weekly 1563

District Court of Appeal of Florida | Filed: Jun 26, 1987 | Docket: 1715379

Cited 4 times | Published

merely gratuitous and hence noncompensable under section 440.13(2)(d), Florida Statutes (1985), which provides:

Kraft Dairy Group v. Sorge

509 So. 2d 1156, 12 Fla. L. Weekly 1494

District Court of Appeal of Florida | Filed: Jun 17, 1987 | Docket: 1361760

Cited 4 times | Published

household services. We affirm. As amended in 1983, section 440.13(2) states that: The employer shall provide

Dalton v. Orange County Sheriff

503 So. 2d 406, 12 Fla. L. Weekly 602

District Court of Appeal of Florida | Filed: Feb 24, 1987 | Docket: 1733304

Cited 4 times | Published

claimant's claim for benefits pursuant to section 440.13(2), Florida Statutes (1983), for attendant-care

Farm v. Ferrell

458 So. 2d 1147

District Court of Appeal of Florida | Filed: Oct 26, 1984 | Docket: 1452452

Cited 4 times | Published

inference in this case.[1] Even the current statute, § 440.13(2)(d), Florida Statutes, as amended in 1983 to

Watson v. Freeman Decorating Co.

455 So. 2d 1097

District Court of Appeal of Florida | Filed: Sep 17, 1984 | Docket: 1316879

Cited 4 times | Published

failure to file reports timely as required by Section 440.13(1), Florida Statutes (1981). We reverse. On

Mt. Sinai Medical Center v. Samuels

453 So. 2d 81

District Court of Appeal of Florida | Filed: May 31, 1984 | Docket: 1163179

Cited 4 times | Published

matter will be handled administratively under section 440.13(3)(a), Florida Statutes (1981), allowing for

Commercial Carriers, Inc. v. Porter

424 So. 2d 155

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 1708282

Cited 4 times | Published

claimant any alternative to Dr. Rivet's care." Section 440.13(1), Florida Statutes (1975), provides in pertinent

ORIENTE EXP. INN v. Rodriguez

406 So. 2d 55

District Court of Appeal of Florida | Filed: Nov 17, 1981 | Docket: 449743

Cited 4 times | Published

medical care "pursuant to the provisions of F.S. 440.13," and finding claimant, a waitress, had not been

Walt Disney World Company v. Schiebel

397 So. 2d 1004, 1981 Fla. App. LEXIS 19725

District Court of Appeal of Florida | Filed: May 5, 1981 | Docket: 2522901

Cited 4 times | Published

reporting requirements of Florida Statutes, Section 440.13(1) (1979). Though the order stated generally

Central Oil Co. v. Campen

390 So. 2d 191

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 1503987

Cited 4 times | Published

may constitute remedial treatment pursuant to § 440.13(1), Fla. Stat. See Planning Research Co. v. Shy

Fort v. Hood's Dairy, Inc.

143 So. 2d 13

Supreme Court of Florida | Filed: Jun 27, 1962 | Docket: 1319283

Cited 4 times | Published

Statutes, F.S.A., to support this contention. Section 440.13(1) is as follows: "The employer shall furnish

Ringling Bros.-Barnum & Bailey Comb. Shows v. Jones

134 So. 2d 244

Supreme Court of Florida | Filed: Nov 15, 1961 | Docket: 1343556

Cited 4 times | Published

medical treatment and compensation as required by § 440.13 and § 440.20, Florida Statutes, F.S.A. Claimant

Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D.

229 So. 3d 1118

Supreme Court of Florida | Filed: Nov 9, 2017 | Docket: 6220622

Cited 3 times | Published

statute in the workers’ compensation arena. See § 440.13(4)(c), Fla. Stat. (2017). As with the amendments

State of Florida Department of Corr. v. Andrew Junod

217 So. 3d 200, 2017 Fla. App. LEXIS 5231

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 4685702

Cited 3 times | Published

disagreements in the opinions of healthcare providers. § 440.13(9)(c), Fla. Stat. (“The opinion of the expert

Cespedes v. Yellow Transportation, Inc.

130 So. 3d 243, 2013 WL 6171266, 2013 Fla. App. LEXIS 19015

District Court of Appeal of Florida | Filed: Nov 26, 2013 | Docket: 60237694

Cited 3 times | Published

as “authorized treating provider[s]” under section 440.13(5)(e), Florida Statutes, we also conclude that

BYSCZYNSKI v. United Parcel Services, Inc.

53 So. 3d 328, 2010 Fla. App. LEXIS 20235, 2010 WL 5306460

District Court of Appeal of Florida | Filed: Dec 28, 2010 | Docket: 2406962

Cited 3 times | Published

an expert medical advisor (EMA) pursuant to section 440.13(9)(c) to resolve the perceived conflict between

City of Pembroke Pines v. Ortagus

50 So. 3d 31, 2010 Fla. App. LEXIS 16608, 2010 WL 4292823

District Court of Appeal of Florida | Filed: Nov 2, 2010 | Docket: 2396445

Cited 3 times | Published

(2004). As the JCC in this case correctly noted, section 440.13(2)(a), Florida Statutes (2004), requires employers

Witham v. Sheehan Pipeline Construction Co.

45 So. 3d 105, 2010 Fla. App. LEXIS 14220, 2010 WL 3703359

District Court of Appeal of Florida | Filed: Sep 23, 2010 | Docket: 2399112

Cited 3 times | Published

evidence only. (Emphasis added.) Additionally, section 440.13(5)(e), Florida Statutes (2007), provides that

Harrell v. Citrus County School Board

25 So. 3d 675, 2010 Fla. App. LEXIS 200, 2010 WL 143492

District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 1661133

Cited 3 times | Published

contributing cause (MCC) of Claimant's symptoms. Section 440.13(2)(f), Florida Statutes (2006), provides in

Florida Transport 1982, Inc. v. Quintana

1 So. 3d 388, 2009 Fla. App. LEXIS 1006, 2009 WL 290528

District Court of Appeal of Florida | Filed: Feb 9, 2009 | Docket: 1173427

Cited 3 times | Published

the claimant and appellee, was premature; (2) section 440.13, Florida Statutes, did not require the employer/carrier

Orange County v. Willis

996 So. 2d 870, 2008 WL 4362397

District Court of Appeal of Florida | Filed: Sep 26, 2008 | Docket: 598700

Cited 3 times | Published

dispute, as that term is statutorily defined. See § 440.13(1)(r), Fla. Stat. (2006). Consequently, resolution

Nunez v. Pulte Homes, Inc.

985 So. 2d 695, 2008 WL 2626797

District Court of Appeal of Florida | Filed: Jul 7, 2008 | Docket: 1673296

Cited 3 times | Published

a one-time change in physician pursuant to section 440.13(2)(f), Florida Statutes (2006). For the reasons

MOBILE MEDICAL INDUSTRIES v. Quinn

985 So. 2d 33, 2008 WL 2228706

District Court of Appeal of Florida | Filed: Jun 2, 2008 | Docket: 1674098

Cited 3 times | Published

appropriately in seeking the appointment of an EMA. § 440.13(9)(c), Fla. Stat. (2002). The legislature has

AVANTE VILLA AT JACKSONVILLE v. Breidert

958 So. 2d 1031, 2007 WL 1593242

District Court of Appeal of Florida | Filed: Jun 5, 2007 | Docket: 1734928

Cited 3 times | Published

205(8), Fla. Stat.; § 717.101(11), Fla. Stat.; § 440.13(1)(g), Fla. Stat. [3] We note, however, that

IMC Phosphates Co. v. Prater

895 So. 2d 1263, 2005 WL 548232

District Court of Appeal of Florida | Filed: Mar 10, 2005 | Docket: 1674499

Cited 3 times | Published

statutes come into play regarding attendant care. Section 440.13(1)(b), Fla. Stat. (2001), defines such care:

Rockette v. Space Gateway Support

877 So. 2d 852, 2004 WL 1531588

District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 1684430

Cited 3 times | Published

hourly rate of pay for that care as provided in section 440.13(2)(b), Florida Statutes (2001). The judge shall

At& T WIRELESS v. Frazier

871 So. 2d 939, 2004 WL 609298

District Court of Appeal of Florida | Filed: Mar 30, 2004 | Docket: 1300742

Cited 3 times | Published

an Expert Medical Advisor (EMA) pursuant to section 440.13(9), Florida Statutes, based upon substantial

Prather v. Process Systems

867 So. 2d 479, 2004 WL 256515

District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 1386092

Cited 3 times | Published

the passage of the EMA procedure, codified in section 440.13(9)(c), Florida Statutes (1995), a judge now

Ariston v. Allied Building Crafts

825 So. 2d 435, 2002 WL 1401899

District Court of Appeal of Florida | Filed: Jul 1, 2002 | Docket: 1312521

Cited 3 times | Published

that the CBA is null and void because, unlike section 440.13(5), Florida Statutes (1997), it makes no provision

Martinez v. Healthsouth Doctor's Hospital

817 So. 2d 1080, 2002 WL 1271566

District Court of Appeal of Florida | Filed: Jun 10, 2002 | Docket: 2564235

Cited 3 times | Published

examination. This constituted reversible error. Section 440.13(9)(c), Florida Statutes (Supp.1996), provides

Miller v. State, Div. of Retirement

796 So. 2d 644, 2001 WL 1230262

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 1672571

Cited 3 times | Published

use of medical experts support his position. See § 440.13(5)(e), Fla. Stat. (2000); Clairson Int'l v. Rose

Claims Management, Inc. v. Grenier

777 So. 2d 1039, 2000 WL 33173142

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 174948

Cited 3 times | Published

no provision for an "evaluation" per se in section 440.13, Florida Statutes (1997). Secondly, the petition

Jacaranda Manor v. Randolph

755 So. 2d 781, 2000 WL 370090

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 2581576

Cited 3 times | Published

convincing evidence to the contrary, as specified in section 440.13(9)(c), Florida Statutes. As in McKesson Drug

Washington v. ORANGE COUNTY SCHOOL BD.

702 So. 2d 1356, 1997 WL 774801

District Court of Appeal of Florida | Filed: Dec 18, 1997 | Docket: 1198601

Cited 3 times | Published

"medical advisors" and admitted the depositions. Section 440.13(5)(e), Florida Statutes (Supp.1994), provides:

Karell v. Miami Airport Hilton/Miami Hilton Corp.

668 So. 2d 227, 1996 Fla. App. LEXIS 547, 1996 WL 34057

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 1686942

Cited 3 times | Published

the health, safety or welfare of an employee. Section 440.13(4)(c), another provision cited by the E/C as

Kimmins Corp. v. Collier

664 So. 2d 299, 1995 WL 704259

District Court of Appeal of Florida | Filed: Dec 1, 1995 | Docket: 1230320

Cited 3 times | Published

indemnity, thus invoking the IME provisions of section 440.13(5). These statutory provisions do not require

McClennan v. American Building Maintenance

648 So. 2d 1214, 1995 WL 13427

District Court of Appeal of Florida | Filed: Jan 17, 1995 | Docket: 1342570

Cited 3 times | Published

medical examination of the claimant pursuant to section 440.13(2)(b), Florida Statutes (1993). When the claimant's

Kraft Dairy Group v. Cohen

645 So. 2d 1072, 1994 WL 653461

District Court of Appeal of Florida | Filed: Nov 22, 1994 | Docket: 1222890

Cited 3 times | Published

Nursing Assistant and therefore not covered by section 440.13(2)(h),[1] and the going rate for CNAs is between

Alamo Rent-A-Car v. Phillips

613 So. 2d 56, 1992 Fla. App. LEXIS 13569, 1992 WL 387433

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 1511333

Cited 3 times | Published

(total fee of $625.00) in contravention of Section 440.13(2)(k), Florida Statutes (Supp. 1990), which

Bradley v. Kraft Foods, Inc.

609 So. 2d 748, 1992 WL 358127

District Court of Appeal of Florida | Filed: Dec 7, 1992 | Docket: 1738273

Cited 3 times | Published

not applying the legal standard contained in section 440.13(2)(a), Florida Statutes (1991), authorizing

Artigas v. Winn Dixie Stores, Inc.

578 So. 2d 356, 1991 WL 46823

District Court of Appeal of Florida | Filed: Apr 9, 1991 | Docket: 1525359

Cited 3 times | Published

maximum medical improvement, or in relying upon Section 440.13(2)(e)(1), Florida Statutes, in setting the

Colace v. Hamlet Estates, Ltd.

573 So. 2d 994, 1991 WL 10377

District Court of Appeal of Florida | Filed: Jan 29, 1991 | Docket: 478669

Cited 3 times | Published

medical bills was denied. The applicable statute, section 440.13(2)(a) and (b), Florida Statutes (1983), provides

Tri-State Motor Transit Co. v. Judy

566 So. 2d 537, 1990 WL 110288

District Court of Appeal of Florida | Filed: Aug 6, 1990 | Docket: 547559

Cited 3 times | Published

request payment for services is irrelevant. Under section 440.13(2)(b), Fla. Stat. (1983), a claimant shall

Firestone Tire & Rubber v. Knowles

561 So. 2d 1293, 1990 WL 71622

District Court of Appeal of Florida | Filed: May 24, 1990 | Docket: 2575637

Cited 3 times | Published

559 So.2d 452 (Fla. 1st DCA April 12, 1990), section 440.13(2)(e)2, Florida Statutes, as it was amended

Florida Tile Industries v. Dozier

561 So. 2d 654, 1990 WL 61934

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 1480551

Cited 3 times | Published

October 1, 1989, must be paid in accordance with section 440.13(2)(e)2, Florida Statutes (1989).[2] AFFIRMED

Thorarinsson v. Robert F. Wilson, Inc.

563 So. 2d 710, 1990 WL 48644

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 2564599

Cited 3 times | Published

Judge of Compensation Claims (JCC) below held that § 440.13(2)(e)2, Fla. Stat. (1988), should not be retroactively

Bright v. City of Tampa

546 So. 2d 1122, 1989 WL 77491

District Court of Appeal of Florida | Filed: Jul 13, 1989 | Docket: 1731089

Cited 3 times | Published

established by applying Section 440.13(4), Florida Statutes (Supp. 1982) (now Section 440.13(5), Florida Statutes

Tower Chemical Co. v. Hubbard

527 So. 2d 886, 1988 WL 62170

District Court of Appeal of Florida | Filed: Jun 22, 1988 | Docket: 529944

Cited 3 times | Published

[3] Chapter 79-40, § 15, Laws of Fla., moved Section 440.13(3)(b), in substantially the same form, to Section

BUTLER CONST. v. Walker

524 So. 2d 691, 13 Fla. L. Weekly 813, 1988 Fla. App. LEXIS 1299, 1988 WL 27727

District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 1341562

Cited 3 times | Published

illegal to award him remedial medical care. See Section 440.13(2)(a), Florida Statutes, and Gulf and Western

United Sheet Metal Co. v. Meyer

520 So. 2d 616, 1988 WL 2623

District Court of Appeal of Florida | Filed: Jan 14, 1988 | Docket: 1709411

Cited 3 times | Published

employer/carrier to furnish such equipment as required by Section 440.13(2)(b), Florida Statutes (1985);[1] and (2)

Telcon, Inc. v. Williams

500 So. 2d 266, 12 Fla. L. Weekly 5

District Court of Appeal of Florida | Filed: Dec 19, 1986 | Docket: 1689618

Cited 3 times | Published

cost of transportation for medical treatment, section 440.13(4), Florida Statutes (1979), and yet the employer

Crenshaw v. Florida Farm Bureau

489 So. 2d 186, 11 Fla. L. Weekly 1227

District Court of Appeal of Florida | Filed: May 29, 1986 | Docket: 545425

Cited 3 times | Published

the proper statutory procedure mandated by section 440.13(2)(a), Florida Statutes (1983), when it deauthorized

Loughan v. Slutz Seiberling Tire

483 So. 2d 1389, 11 Fla. L. Weekly 611

District Court of Appeal of Florida | Filed: Mar 11, 1986 | Docket: 1511959

Cited 3 times | Published

Loughan's failure to timely file in compliance with Section 440.13, Florida Statutes (1983). Dr. Stein attributed

CITRUS CENT., INC. v. Gardner

466 So. 2d 369, 10 Fla. L. Weekly 636

District Court of Appeal of Florida | Filed: Mar 12, 1985 | Docket: 438347

Cited 3 times | Published

to work or to show a good faith work search. Section 440.13(2), Florida Statutes, requires the deputy commissioner

Florida Structures, Inc. v. Morton

443 So. 2d 444

District Court of Appeal of Florida | Filed: Jan 10, 1984 | Docket: 1746648

Cited 3 times | Published

benefits was barred by the statute of limitations, § 440.13(3)(b), Fla. Stat. (1977). We agree and reverse

RICH INT'L AIRWAYS INC. v. Cahvasquis

416 So. 2d 902

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 1655060

Cited 3 times | Published

weeks, costs of proceedings and attorney's fee. Section 440.13, Fla. Stat. (1979) provides for payment by

Oak Crest Enterprises, Inc. v. Ford

411 So. 2d 927

District Court of Appeal of Florida | Filed: Mar 18, 1982 | Docket: 1327247

Cited 3 times | Published

Claimant argues in support of this contention that § 440.13(2), Fla. Stat. (1979), places the burden upon

Buckhalter v. University of Florida

411 So. 2d 1327

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 1327180

Cited 3 times | Published

Bal Harbour, 345 So.2d 1052 (Fla. 1977). [3] § 440.13, Florida Statutes. [4] See Green Thumb v. Britten

Schult Mobile Home Corp. v. Walling

384 So. 2d 251

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 1678718

Cited 3 times | Published

the order was in error because its duty under Section 440.13, Florida Statutes, to provide proper medical

Watson v. Delta Airlines, Inc.

288 So. 2d 193, 1973 Fla. LEXIS 3983

Supreme Court of Florida | Filed: Nov 14, 1973 | Docket: 1696472

Cited 3 times | Published

by the employer." (emphasis added) Fla. Stat. § 440.13(3)(b) F.S.A. is now to the same effect and provides

Lance v. Witters Construction

270 So. 2d 4, 1972 Fla. LEXIS 3123

Supreme Court of Florida | Filed: Nov 29, 1972 | Docket: 1293697

Cited 3 times | Published

treatment. This is the alternative "or" provision of § 440.13 of the Workmen's Compensation Act which provides

Seidel v. Hill

264 So. 2d 81

District Court of Appeal of Florida | Filed: Jun 29, 1972 | Docket: 2462487

Cited 3 times | Published

Workmen's Compensation Division pursuant to F.S. Section 440.13(1), F.S.A. during the pendency of such claim;

Laura Lewis v. Dollar Rent A Car and ESIS WC Claims

220 So. 3d 1246, 2017 WL 2491550, 2017 Fla. App. LEXIS 8541

District Court of Appeal of Florida | Filed: Jun 9, 2017 | Docket: 6071339

Cited 2 times | Published

physicians may come into evidence pursuant to “F.S. 440.13” without authentication, and because there was

& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal

194 So. 3d 311, 2016 WL 3191086

Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072274

Cited 2 times | Published

physicians in workers’ compensation cases. See § 440.13(2)(f), Fla. Stat. (2009); see also Butler v. Bay

Perez v. Southeastern Freight Lines, Inc.

159 So. 3d 412, 2015 Fla. App. LEXIS 4044, 2015 WL 1268017

District Court of Appeal of Florida | Filed: Mar 20, 2015 | Docket: 60246585

Cited 2 times | Published

medical necessity of the requested benefit. See § 440.13(2)(a), Fla. Stat. (2013). But the E/SA did not

Phillip A. Fortune v. Gulf Coast Tree Care Inc./Florida Citrus etc.

148 So. 3d 827

District Court of Appeal of Florida | Filed: Oct 12, 2014 | Docket: 1443048

Cited 2 times | Published

(Emphasis added.) The underlined portion of section 440.13(2)(c) is an exception to the general rule,

Hinzman v. Winter Haven Facility Operations LLC

109 So. 3d 256, 2013 WL 599122, 2013 Fla. App. LEXIS 2478

District Court of Appeal of Florida | Filed: Feb 18, 2013 | Docket: 60229529

Cited 2 times | Published

(JCC) in which he ruled that the “5 days” in section 440.13(2)(f), Florida Statutes (2011), means business

Marton v. Florida Hospital Ormond Beach/Adventist Health Systems

98 So. 3d 754, 2012 WL 4839773, 2012 Fla. App. LEXIS 17767

District Court of Appeal of Florida | Filed: Oct 12, 2012 | Docket: 60312563

Cited 2 times | Published

compensation law.” The JCC declined to apply section 440.13(10), Florida Statutes (2007) (establishing

Falcon Farms v. Espinoza

79 So. 3d 945, 2012 WL 580512, 2012 Fla. App. LEXIS 2782

District Court of Appeal of Florida | Filed: Feb 23, 2012 | Docket: 60305417

Cited 2 times | Published

compensa-ble, the E/C’s argument on appeal has merit. Section 440.13(2)(f), Florida Statutes (2009), provides that

Snider v. MUMFORD, INC.

65 So. 3d 579, 2011 Fla. App. LEXIS 10576, 2011 WL 2638165

District Court of Appeal of Florida | Filed: Jul 7, 2011 | Docket: 2361927

Cited 2 times | Published

part on issues one and three, finding that section 440.13(9), cannot apply retroactively. Facts and

Punsky v. Clay County Board of County Commissioners

60 So. 3d 1088, 2011 Fla. App. LEXIS 4410, 2011 WL 1167205

District Court of Appeal of Florida | Filed: Mar 31, 2011 | Docket: 60300049

Cited 2 times | Published

that they override section 440.34(3). However, section 440.13(5)(a) addresses only independent medical examinations

Marin v. Aaron's Rent to Own

53 So. 3d 1048, 2010 Fla. App. LEXIS 18350, 2010 WL 4909235

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 60297978

Cited 2 times | Published

or the process of recovery may require .... ” § 440.13(2)(a), Fla. Stat. (2009). By the stipulation here

Russell v. Orange County Public Schools Transportation

36 So. 3d 743, 2010 Fla. App. LEXIS 5242, 2010 WL 1542648

District Court of Appeal of Florida | Filed: Apr 20, 2010 | Docket: 1118781

Cited 2 times | Published

admissible medical opinions as required by section 440.13(9)(c), Florida Statutes (Supp.1998). Prior

Carmack v. State, Department of Agriculture

31 So. 3d 798, 2009 Fla. App. LEXIS 17145, 2009 WL 3817923

District Court of Appeal of Florida | Filed: Nov 17, 2009 | Docket: 1150625

Cited 2 times | Published

from the carrier before providing treatment.” § 440.13(3)(a), Fla. Stat. (2008). See City of Bartow v

Morrow v. Sam's Club

17 So. 3d 763, 2009 Fla. App. LEXIS 10488, 2009 WL 2342920

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 1645151

Cited 2 times | Published

governed, as is all medical treatment or care, by section 440.13(2)(a), Florida Statutes (2007), which requires

Sunbelt Health Care v. Galva

7 So. 3d 556, 2009 Fla. App. LEXIS 1549, 2009 WL 485043

District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 1654869

Cited 2 times | Published

"one-time" alternate orthopedist pursuant to section 440.13(2)(f), Florida Statutes (2006). The employer

Alvarado v. Wackenhut Corp.

951 So. 2d 937, 2007 WL 649348

District Court of Appeal of Florida | Filed: Mar 6, 2007 | Docket: 1280701

Cited 2 times | Published

disagreement in opinion between health care providers. § 440.13(9)(c), Fla. Stat. (2002); Broward Children's Ctr

Remington v. OCALA/UNITED SELF INSURED

940 So. 2d 1207, 2006 Fla. App. LEXIS 18217, 2006 WL 3066797

District Court of Appeal of Florida | Filed: Oct 31, 2006 | Docket: 1523870

Cited 2 times | Published

necessary apparatus. § 440.13(2)(a), Fla. Stat. (2001) (emphasis supplied); § 440.13(2)(a), Fla. Stat. (1997)

Florida Hosp. Deland v. Wagner-Vick

940 So. 2d 588, 2006 WL 3066452

District Court of Appeal of Florida | Filed: Oct 31, 2006 | Docket: 1523957

Cited 2 times | Published

implies such a restrictive interpretation. Section 440.13(2)(a), Florida Statutes (2003), provides, in

Pinnacle Benefits, Inc. v. Alby

913 So. 2d 756, 2005 Fla. App. LEXIS 17529, 2005 WL 2922185

District Court of Appeal of Florida | Filed: Nov 7, 2005 | Docket: 1698414

Cited 2 times | Published

authorized treating physicians. Pursuant to section 440.13(9)(c), Florida Statutes (2000), the JCC appointed

Tomaskovich v. Lapointe

904 So. 2d 538, 2005 WL 1249062

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1365403

Cited 2 times | Published

IME is not treatment. An IME is defined in section 440.13(5)(a), Florida Statutes (2001). That section

Scotty's Hardware, Inc. v. Northcutt

883 So. 2d 859, 2004 WL 2093254

District Court of Appeal of Florida | Filed: Aug 31, 2004 | Docket: 1718157

Cited 2 times | Published

2000). Honeycutt involved the 1985 version of section 440.13(2)(b), which required employers to provide

Chudnof-James v. Racetrac Petroleum, Inc.

827 So. 2d 369, 2002 WL 31250596

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 1362105

Cited 2 times | Published

Ernest Block, an emergency room physician. Section 440.13(5)(e), Florida Statutes (1997), governs who

City of Riviera Beach v. Napier

791 So. 2d 1160, 2001 WL 788509

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 1228614

Cited 2 times | Published

(Fla. 1st DCA 1992) (en banc) (holding that section 440.13(2)(i)1., Florida Statutes (Supp.1990), divested

Kohout v. Benefit Administrators

781 So. 2d 1164, 2001 WL 309953

District Court of Appeal of Florida | Filed: Apr 2, 2001 | Docket: 1292927

Cited 2 times | Published

medical examination by a health care provider, see § 440.13(1)(i), Fla. Stat. (2000), whom the respondents

Terners of Miami Corp. v. Busot

764 So. 2d 701, 2000 WL 777154

District Court of Appeal of Florida | Filed: Jun 19, 2000 | Docket: 470286

Cited 2 times | Published

respondent. WOLF, J. The issue before us is whether section 440.13(2)(d), Florida Statutes (1997), eliminates

Helmsman Management Services v. Garner

725 So. 2d 1188, 1998 WL 896638

District Court of Appeal of Florida | Filed: Dec 28, 1998 | Docket: 706530

Cited 2 times | Published

evaluation by an expert medical advisor pursuant to section 440.13(9)(c), Florida Statutes (1995).[1] Based upon

WS Badcock Corp. v. Knight

720 So. 2d 619, 1998 WL 798835

District Court of Appeal of Florida | Filed: Nov 19, 1998 | Docket: 815727

Cited 2 times | Published

appoint an expert medical advisor pursuant to section 440.13(9)(c) filed two days prior to the final hearing

Cimino v. US SEC. Ins. Co.

715 So. 2d 1092, 1998 WL 476218

District Court of Appeal of Florida | Filed: Aug 13, 1998 | Docket: 1366307

Cited 2 times | Published

attorney present, reasoning, "[N]othing in Section 440.13(2)(c) requires such discussion be had in the

ABC Liquors, Inc. v. Flores

700 So. 2d 102, 1997 WL 611725

District Court of Appeal of Florida | Filed: Oct 7, 1997 | Docket: 2580994

Cited 2 times | Published

dispute over a requested medical benefit under section 440.13(5), Florida Statutes (1995), which gave Flores

Smith v. GENERAL PARCEL SERVICE, INC.

699 So. 2d 741, 1997 WL 528282

District Court of Appeal of Florida | Filed: Aug 19, 1997 | Docket: 1321265

Cited 2 times | Published

erred in determining that he was precluded by section 440.13, Florida Statutes, from approving the treating

Diana v. HLS COMPANIES

670 So. 2d 125, 1996 WL 100839

District Court of Appeal of Florida | Filed: Mar 11, 1996 | Docket: 1671386

Cited 2 times | Published

also erred by ruling that the amendment to section 440.13(2)(f), adding language describing attendant

Russell v. PIE NATIONWIDE

668 So. 2d 696, 1996 WL 82767

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 1290514

Cited 2 times | Published

retroactively applying the following provision of section 440.13(2)(a), Florida Statutes (Supp.1994): Medically

Furtick v. William Shults Contractor

664 So. 2d 288, 1995 WL 678113

District Court of Appeal of Florida | Filed: Nov 16, 1995 | Docket: 1229750

Cited 2 times | Published

reimbursement had been disallowed. In accordance with section 440.13(4)(i)3, Florida Statutes (1993), the doctor's

Navarro v. SUGARCANE GROWERS COOPERATIVE AND PROFESSIONAL ADMINISTRATORS, INC.

661 So. 2d 946, 1995 Fla. App. LEXIS 11338, 1995 WL 621346

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 531868

Cited 2 times | Published

could unilaterally withdraw authorization under section 440.13(2)(d), Florida Statutes (Supp. 1994), which

Borges v. Osceola Farms Co.

651 So. 2d 173, 1995 WL 66956

District Court of Appeal of Florida | Filed: Feb 21, 1995 | Docket: 1518291

Cited 2 times | Published

the JCC or risk being required to pay the bill. § 440.13(2), Fla. Stat. (Supp. 1990); Chase v. Henkel &

Clair v. Glades County Bd. of Com'rs

635 So. 2d 84, 1994 WL 17259

District Court of Appeal of Florida | Filed: Jan 25, 1994 | Docket: 1352579

Cited 2 times | Published

supplemental briefs addressing the issue of whether Section 440.13, Florida Statutes, permits a physician, practicing

Roberts v. Ben Hill Griffin, Inc.

629 So. 2d 236, 1993 Fla. App. LEXIS 12281, 1993 WL 513324

District Court of Appeal of Florida | Filed: Dec 14, 1993 | Docket: 1677207

Cited 2 times | Published

chemicals. At Ben Hill's request pursuant to section 440.13(2)(b), Florida Statutes (1991)[1], Roberts

Robinson v. Shands Teaching Hosp.

625 So. 2d 21, 1993 WL 369001

District Court of Appeal of Florida | Filed: Sep 14, 1993 | Docket: 474258

Cited 2 times | Published

that such treatment was "medically necessary." Section 440.13(2)(a), Fla. Stat. (Supp. 1990). See generally

Marcy v. Charlotte Cty. Sheriff's Office

599 So. 2d 1319, 1992 WL 85085

District Court of Appeal of Florida | Filed: Apr 30, 1992 | Docket: 1741507

Cited 2 times | Published

The answer is no. The pertinent statute is section 440.13(3), Florida Statutes (1989), which provides

Standard Blasting & Coating v. Hayman

597 So. 2d 392, 1992 WL 76443

District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 1704584

Cited 2 times | Published

October 1, 1988, subsection (2)(e) was added to section 440.13, Florida Statutes. It states in part, "The

Merritt Sea Wall v. Revels

594 So. 2d 855, 1992 WL 37145

District Court of Appeal of Florida | Filed: Mar 2, 1992 | Docket: 1486123

Cited 2 times | Published

presents a claim for attendant care benefits under section 440.13(2), Florida Statutes. We affirm in part and

Gilley Trucking Co. v. Morrell

591 So. 2d 302, 1991 WL 272765

District Court of Appeal of Florida | Filed: Dec 20, 1991 | Docket: 541535

Cited 2 times | Published

medically necessary for a particular claimant. Section 440.13(2)(a), Florida Statutes (1989). Having reviewed

Workman v. McDonnell Douglas Corp.

590 So. 2d 1035, 1991 WL 265064

District Court of Appeal of Florida | Filed: Dec 16, 1991 | Docket: 458226

Cited 2 times | Published

JCC as to its reasonableness and necessity. See § 440.13(2)(b), Fla. Stat. (Supp. 1988). Because the JCC

Burris v. Goodyear

577 So. 2d 1376, 1991 WL 46824

District Court of Appeal of Florida | Filed: Apr 9, 1991 | Docket: 1154114

Cited 2 times | Published

for attendant care after April 25, 1989; (4) section 440.13(2)(e)(2), Florida Statutes (1989), which limits

Liberty Mut. Ins. Co. v. Fuchs Baking Co.

577 So. 2d 603, 1991 Fla. App. LEXIS 1938, 1991 WL 30421

District Court of Appeal of Florida | Filed: Mar 11, 1991 | Docket: 1654146

Cited 2 times | Published

defense, we agree with appellant that under section 440.13(3)(b), Florida Statutes (1975), a claim for

Musgrove v. Children's Home Society

573 So. 2d 100, 1991 WL 567

District Court of Appeal of Florida | Filed: Jan 3, 1991 | Docket: 479181

Cited 2 times | Published

treatment and care, as well as medicines, pursuant to § 440.13, Fla. Stat. Section 440.20(12)(a), Fla. Stat.

Smith v. DRW Realty Services

569 So. 2d 462, 1990 WL 129094

District Court of Appeal of Florida | Filed: Nov 15, 1990 | Docket: 1660337

Cited 2 times | Published

[1] We note that, effective July 1, 1990, section 440.13(2)(f), Florida Statutes (Supp. 1990), provides

Wiseman v. AT & T TECHNOLOGIES, INC.

569 So. 2d 508, 1990 WL 157742

District Court of Appeal of Florida | Filed: Oct 22, 1990 | Docket: 1190887

Cited 2 times | Published

necessary, but claim for payment was barred by section 440.13, because claimant did not seek authorization

Philyaw v. Arthur H. Fulton, Inc.

569 So. 2d 787, 1990 WL 154768

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 1191030

Cited 2 times | Published

services in accordance with the provisions of section 440.13 and the appropriately adopted schedules. These

Perez v. Eastern Airlines, Inc.

569 So. 2d 1290, 1990 WL 133226

District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 1660384

Cited 2 times | Published

with Perez's internist, Dr. Reid, pursuant to § 440.13(2)(c), Florida Statutes (1989), Perez objected

Lindsey v. Urban

559 So. 2d 734, 1990 WL 48641

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1751570

Cited 2 times | Published

defined in Section 440.13(1)(b), Florida Statutes (Supp. 1986), so that, pursuant to Section 440.13(2)(b)

Lindsey v. Urban

559 So. 2d 734, 1990 WL 48641

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1751570

Cited 2 times | Published

defined in Section 440.13(1)(b), Florida Statutes (Supp. 1986), so that, pursuant to Section 440.13(2)(b)

Globe SEC. v. Pringle

559 So. 2d 720, 1990 WL 43144

District Court of Appeal of Florida | Filed: Apr 16, 1990 | Docket: 1519431

Cited 2 times | Published

provides coverage only for employees.[1]See Section 440.13(2)(a), Florida Statutes (1985) ("[T]he employer

Calleyro v. Mt. Sinai Medical Center

554 So. 2d 1208, 1989 WL 155599

District Court of Appeal of Florida | Filed: Dec 29, 1989 | Docket: 1693395

Cited 2 times | Published

prior to formal request may be awarded under section 440.13, Florida Statutes, where the employer was aware

Smith v. General Conference of SDA

535 So. 2d 611, 1988 WL 129124

District Court of Appeal of Florida | Filed: Dec 7, 1988 | Docket: 1306199

Cited 2 times | Published

claimant for payment of medical services, is Section 440.13, Florida Statutes. Chapter 440, as it existed

Copeland v. Bond

528 So. 2d 458, 1988 WL 68087

District Court of Appeal of Florida | Filed: Jul 1, 1988 | Docket: 1367947

Cited 2 times | Published

and thus should have been awarded pursuant to section 440.13(2)(a), Florida Statutes. We therefore reverse

Sunland Center at Miami v. Rudolph

521 So. 2d 132, 1988 WL 804

District Court of Appeal of Florida | Filed: Jan 12, 1988 | Docket: 1703701

Cited 2 times | Published

hospital and medical bills were not payable under section 440.13, Florida Statutes. At the hearing on her claim

Lovell Bros., Inc. v. Kittles

518 So. 2d 319, 1987 WL 2653

District Court of Appeal of Florida | Filed: Dec 8, 1987 | Docket: 1778398

Cited 2 times | Published

first point requires extensive discussion. Section 440.13(2)(b), Florida Statutes (1983), states that

Great Bay Distributors v. Everett

513 So. 2d 187, 12 Fla. L. Weekly 2222

District Court of Appeal of Florida | Filed: Sep 9, 1987 | Docket: 1295039

Cited 2 times | Published

circumstances legislatively contemplated by Section 440.13(2)(a), Florida Statutes, providing that "the

Shafer & Miller, Inc. v. Moore

499 So. 2d 871, 11 Fla. L. Weekly 2571

District Court of Appeal of Florida | Filed: Dec 8, 1986 | Docket: 1444392

Cited 2 times | Published

entitlement to psychiatric care by Dr. Stillman. Section 440.13, Florida Statutes (1982 Supp.), provides: (1)

Ellerbee v. CONCORDE ROOFING CO.

487 So. 2d 388, 11 Fla. L. Weekly 961

District Court of Appeal of Florida | Filed: Apr 23, 1986 | Docket: 1796275

Cited 2 times | Published

members of that group for a second opinion. Section 440.13(3), Florida Statutes (1983) states: If an injured

General Elec. Co. v. Spann

479 So. 2d 289, 10 Fla. L. Weekly 2691

District Court of Appeal of Florida | Filed: Dec 6, 1985 | Docket: 1514371

Cited 2 times | Published

period under Section 440.28 is not applicable. Section 440.13(3)(b) (1977) (currently 440.19(1)(b) (1983))

Ford v. Alexander Cabinet Co.

467 So. 2d 1050, 10 Fla. L. Weekly 929

District Court of Appeal of Florida | Filed: Apr 11, 1985 | Docket: 1274912

Cited 2 times | Published

treatment. He argued the claim was timely under Section 440.13(3)(d), Florida Statutes (Supp. 1978), now Section

Blackshear v. Bethune Cookman College

467 So. 2d 721, 24 Educ. L. Rep. 1071

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 1274585

Cited 2 times | Published

and costs. Claimant contends that pursuant to Section 440.13(1), Florida Statutes (1981), and the recommendation

Universal Corp. v. Lawson

447 So. 2d 293

District Court of Appeal of Florida | Filed: Mar 14, 1984 | Docket: 1690999

Cited 2 times | Published

another physician to treat the injured employee." Section 440.13(2), Fla. Stat.; Deinema v. Pierpoint Condominiums

Vannice Const. Co. v. Silverman

419 So. 2d 369

District Court of Appeal of Florida | Filed: Sep 10, 1982 | Docket: 1586156

Cited 2 times | Published

compliance with the reporting requirements of Section 440.13(1), Florida Statutes (Supp. 1978). In his cross-appeal

Walt Disney World Co. v. Schiebel

414 So. 2d 602, 1982 Fla. App. LEXIS 20150

District Court of Appeal of Florida | Filed: May 28, 1982 | Docket: 1358067

Cited 2 times | Published

medical reports as required by Florida Statutes, Section 440.13(1). In Walt Disney World Company v. Schiebel

Jamar Sportswear, Inc. v. Miller

413 So. 2d 811

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 1344662

Cited 2 times | Published

involved with the reporting requirements of section 440.13, Florida Statutes (1979). We also reverse on

AMERICAN GRINDING & EQUIP. v. Rodman

411 So. 2d 917

District Court of Appeal of Florida | Filed: Mar 15, 1982 | Docket: 1697032

Cited 2 times | Published

non-compliance with the reporting requirements of Section 440.13(1), Florida Statutes, before ordering payment

Sunland Training Center v. Brown

396 So. 2d 278

District Court of Appeal of Florida | Filed: Apr 8, 1981 | Docket: 1732157

Cited 2 times | Published

authorization from her employer as required by § 440.13(1), Florida Statutes, appellee consulted Dr. Sanchez

Barnett v. EMR TELEMETRY

396 So. 2d 791

District Court of Appeal of Florida | Filed: Mar 27, 1981 | Docket: 1732151

Cited 2 times | Published

should be dismissed with prejudice. We reverse. Section 440.13(3)(b) provides: All rights for remedial attention

Ken Lones Landscaping, Inc. v. Tucker

382 So. 2d 1368

District Court of Appeal of Florida | Filed: May 6, 1980 | Docket: 1255894

Cited 2 times | Published

November 16, 1978. We affirm as to Points I and II. § 440.13(3)(b) and § 440.19(1)(a), Fla. Stat. (1977), provide

Goldsmith v. BUENA VISTA CONSTRUCTION COMPANY

304 So. 2d 110

Supreme Court of Florida | Filed: Nov 20, 1974 | Docket: 1729947

Cited 2 times | Published

of law under Florida Statute 44.13(1)." [Sic. § 440.13(1), F.S.] In its order of affirmance the Industrial

Eastern Elevator Company v. Hedman

290 So. 2d 56

Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 1510331

Cited 2 times | Published

compensation claim for medical expenses is found in F.S. § 440.13, F.S.A., which provides that the duty of the employer

Riggenbach v. Rhodes

267 So. 3d 551

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709238

Cited 1 times | Published

the originally authorized doctor" pursuant to section 440.13(2)(f), Florida Statutes (2016). Id. at 1278-79

Steinberg v. City of Tallahassee/City of Tallahassee Risk Management

186 So. 3d 61, 2016 Fla. App. LEXIS 2645, 2016 WL 699139

District Court of Appeal of Florida | Filed: Feb 23, 2016 | Docket: 60253892

Cited 1 times | Published

examination” precludes a records review IME. See § 440.13(l)(j), Fla. Stat. (2011).1 And even though Dr

Steinberg v. City of Tallahassee/City of Tallahassee Risk Management

186 So. 3d 61, 2016 Fla. App. LEXIS 2645, 2016 WL 699139

District Court of Appeal of Florida | Filed: Feb 23, 2016 | Docket: 60253892

Cited 1 times | Published

examination” precludes a records review IME. See § 440.13(l)(j), Fla. Stat. (2011).1 And even though Dr

Rafael Echevarria v. Luxor Investments, LLC and Associated etc.

159 So. 3d 991, 2015 WL 1223705

District Court of Appeal of Florida | Filed: Mar 19, 2015 | Docket: 2643353

Cited 1 times | Published

diagnosis being the compensable injury. See § 440.13(2)(a), Fla. Stat. (2006) (requiring employer to

Gadol v. Masoret Yehudit, Inc.

132 So. 3d 939, 2014 WL 660199, 2014 Fla. App. LEXIS 2386

District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60238593

Cited 1 times | Published

of physician to which he is entitled under section 440.13(2)(f), Florida Statutes (2012). Claimant argues

Stahl v. Hialeah Hospital

127 So. 3d 1283, 2013 WL 6635893, 2013 Fla. App. LEXIS 19919

District Court of Appeal of Florida | Filed: Dec 17, 2013 | Docket: 60236686

Cited 1 times | Published

independent medical examination exists under section 440.13(5)(a), Florida Statutes (2003), for “any dispute

Banuchi v. Department of Corrections

122 So. 3d 999, 2013 WL 5629659, 2013 Fla. App. LEXIS 16487

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60234842

Cited 1 times | Published

benefits. This appeal followed. Legal Background Section 440.13(9), Florida Statutes (2008), is entitled “Expert

Torres v. Costco Wholesale Corp.

115 So. 3d 1111, 2013 WL 3305784, 2013 Fla. App. LEXIS 10540

District Court of Appeal of Florida | Filed: Jul 1, 2013 | Docket: 60232103

Cited 1 times | Published

DCA 1998). Second, we recognize that under section 440.13, Florida Statutes (2001), either party may

Miller Electric Co. v. Oursler

113 So. 3d 1004, 2013 WL 1715445, 2013 Fla. App. LEXIS 6497

District Court of Appeal of Florida | Filed: Apr 22, 2013 | Docket: 60231374

Cited 1 times | Published

the intent of the Legislature set forth in section 440.13(5)(e), Florida Statutes—and, thus, on remand

Taylor v. TGI Friday's, Inc.

108 So. 3d 698, 2013 WL 646662, 2013 Fla. App. LEXIS 2959

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60229204

Cited 1 times | Published

clear and convincing evidence to the contrary. See § 440.13(3)(c), Fla. Stat. (2006); see also Amos v. Gartner

Quiroga v. First Baptist Church at Weston

124 So. 3d 936, 2013 WL 163430, 2013 Fla. App. LEXIS 565

District Court of Appeal of Florida | Filed: Jan 16, 2013 | Docket: 60235579

Cited 1 times | Published

expert medical advisor (EMA) as provided for in section 440.13(9)(c), Florida Statutes (2008), the JCC committed

Arnau v. WINN-DIXIE STORES, INC.

76 So. 3d 1117, 2011 Fla. App. LEXIS 20906, 2011 WL 6851187

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 2360322

Cited 1 times | Published

justifying rejection of the EMA's opinion. Analysis Section 440.13(9)(c), Florida Statutes (2008), mandates that

Amerisure Insurance Company-Fl v. Martin Memorial Medical

67 So. 3d 353, 2011 Fla. App. LEXIS 11179, 2011 WL 2752622

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 1466666

Cited 1 times | Published

non-compensability of the worker's heart condition. See § 440.13(11)(c), Fla. Stat. (2010) (providing the Department

Theiss v. City of Panama City Beach

65 So. 3d 117, 2011 Fla. App. LEXIS 10345, 2011 WL 2578566

District Court of Appeal of Florida | Filed: Jun 30, 2011 | Docket: 2364654

Cited 1 times | Published

to right to change in physician contained in section 440.13(2)(f)a right not dependent on showing of medical

BRONSON'S INC. v. Mann

70 So. 3d 637, 2011 Fla. App. LEXIS 7242, 2011 WL 1879197

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2352127

Cited 1 times | Published

Enters., 877 So.2d 742, 744 (Fla. 1st DCA 2004). Section 440.13(2)(b), Florida Statutes (2009), provides in

Cook v. Palm Beach County School Board

51 So. 3d 619, 2011 Fla. App. LEXIS 221, 2011 WL 103548

District Court of Appeal of Florida | Filed: Jan 13, 2011 | Docket: 2407616

Cited 1 times | Published

correctly resolved the legal dispute. Under section 440.13(1)(r), Florida Statutes (2009), "any disagreement

Romano v. Trinity School for Children

43 So. 3d 928, 2010 Fla. App. LEXIS 13568, 2010 WL 3584389

District Court of Appeal of Florida | Filed: Sep 13, 2010 | Docket: 60295520

Cited 1 times | Published

became authorized by operation of law under section 440.13(2)(c), Florida Statutes (2007), we reverse

Gore v. Lee County School Board

43 So. 3d 846, 2010 Fla. App. LEXIS 12702, 2010 WL 3421581

District Court of Appeal of Florida | Filed: Aug 31, 2010 | Docket: 2399633

Cited 1 times | Published

limitations pursuant to section 440.19(2). Section 440.13(2)(a), Florida Statutes (2001), provides that

Hernandez v. Paris Industrial Maintenance

39 So. 3d 466, 2010 Fla. App. LEXIS 9890, 2010 WL 2671799

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 2398695

Cited 1 times | Published

limit on vocational/rehabilitation providers. See § 440.13(5), Fla. Stat. (2007) ("The employer and employee

Bryan LGH Medical Center v. Florida Beauty Flora, Inc.

36 So. 3d 795, 2010 Fla. App. LEXIS 6963, 2010 WL 1994094

District Court of Appeal of Florida | Filed: May 20, 2010 | Docket: 1639139

Cited 1 times | Published

insurance company for payment of bills); see also § 440.13(14), Fla. Stat. (2006) ("A health care provider

Dorsch, Inc. v. Hunt

15 So. 3d 836, 2009 Fla. App. LEXIS 10132, 2009 WL 2191382

District Court of Appeal of Florida | Filed: Jul 24, 2009 | Docket: 1190381

Cited 1 times | Published

when a one-time change was requested. See, e.g., § 440.13(2)(f), Fla. Stat. (2002). Here, although the Claimant

Boggs v. USA Water Ski, Inc.

18 So. 3d 610, 2009 Fla. App. LEXIS 5033, 2009 WL 1313225

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 60252137

Cited 1 times | Published

medical opinion was inadmissible pursuant to section 440.13(5)(e), Florida Statutes (2006). While it is

Elmer v. SOUTHLAND CORPORATION/7-11

5 So. 3d 754, 2009 Fla. App. LEXIS 1686, 2009 WL 500628

District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 1200115

Cited 1 times | Published

necessary. Claimant argues that, pursuant to either section 440.13(3)(d) or (i), Florida Statutes (2002), the

MD TRANSPORT v. Paschen

996 So. 2d 902, 2008 WL 4949269

District Court of Appeal of Florida | Filed: Nov 21, 2008 | Docket: 1317040

Cited 1 times | Published

JCC's reliance was misplaced. Honeycutt applied section 440.13(2)(b), Florida Statutes (1985), which "require[d]

LEE COUNTY PARKS AND RECREATION v. Fifer

996 So. 2d 229, 2008 WL 4722533

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1317346

Cited 1 times | Published

conclusion, the JCC applied the 2003 version of section 440.13(5)(e), Florida Statutes, which provides that

GALLAGHER BASSETT SERVICES-ORLANDO v. Mathis

990 So. 2d 1214, 2008 WL 4287159

District Court of Appeal of Florida | Filed: Sep 22, 2008 | Docket: 1687926

Cited 1 times | Published

and care to be provided in such instances. Section 440.13(2)(a), Florida Statutes (2006), states in pertinent

US AGRI-CHEMICALS CORP. v. Camacho

975 So. 2d 1219, 2008 WL 623224

District Court of Appeal of Florida | Filed: Mar 10, 2008 | Docket: 1727388

Cited 1 times | Published

and not admitted the deposition and records. See § 440.13(5)(e), Fla. Stat. (2005) ("[n]o medical opinion

Fairpay Solutions v. AGENCY FOR HEALTH CARE

969 So. 2d 455, 2007 WL 3376251

District Court of Appeal of Florida | Filed: Nov 15, 2007 | Docket: 1404036

Cited 1 times | Published

carriers. We hold that AHCA's interpretation of section 440.13, Florida Statutes (2005), does not violate

One Beacon Ins. v. AGENCY FOR HEALTH CARE

958 So. 2d 1127, 2007 Fla. App. LEXIS 10001, 2007 WL 1827226

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 2530285

Cited 1 times | Published

administrative rule implemented the 1992 version of section 440.13(4)(b)5., Florida Statutes (1992), which states

Southwood Timber Co. v. Hicks

959 So. 2d 318, 2007 WL 1434935

District Court of Appeal of Florida | Filed: May 17, 2007 | Docket: 1525693

Cited 1 times | Published

disagree. At the time the claimant was injured, section 440.13(1), Fla. Stat. (1974), provided: Subject to

Myers v. Sherwin-Williams Paint, Co.

838 So. 2d 608, 2003 WL 341032

District Court of Appeal of Florida | Filed: Feb 17, 2003 | Docket: 461472

Cited 1 times | Published

*611 or the process of recovery may require." § 440.13(2)(a), Fla. Stat. (Supp.1996). "[M]edical care

Ulico Cas. Co. v. Fernandez

825 So. 2d 988, 2002 WL 1401695

District Court of Appeal of Florida | Filed: Jul 1, 2002 | Docket: 1312316

Cited 1 times | Published

procedure before seeking an IME as allowed by section 440.13(5), Florida Statutes.[4] On review, this court

Alpizar v. Star Styled Dancing Co.

808 So. 2d 286, 2002 Fla. App. LEXIS 2280, 2002 WL 341052

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 2577176

Cited 1 times | Published

the maximum amount authorized by statute. See § 440.13(5), 10, Fla. Stats. (1999); City of Riviera Beach

Griffin Ex Rel. Griffin v. Jb Hunt Transport

795 So. 2d 155, 2001 WL 1001247

District Court of Appeal of Florida | Filed: Sep 4, 2001 | Docket: 1252238

Cited 1 times | Published

admitting Dr. Silcox's testimony, we affirm. Section 440.13(1)(k), Florida Statutes (1999), defines "independent

Horticulture Plus, Inc. v. Ash

791 So. 2d 535, 2001 WL 838192

District Court of Appeal of Florida | Filed: Jul 26, 2001 | Docket: 1655721

Cited 1 times | Published

pursuant to section 440.13(9)(c), Florida Statutes. Contrary to the JCC's ruling, section 440.13(9)(c), Florida

Castro v. AT & T WIRELESS SERVICES, INC.

780 So. 2d 917, 2000 WL 1867569

District Court of Appeal of Florida | Filed: Dec 22, 2000 | Docket: 1708809

Cited 1 times | Published

selection and use of medical expert witnesses under section 440.13(5).") Due to the JCC's lack of jurisdiction

Robin Tucker, As Assignee of Palm Beach Nightclub Enterprises, Inc. v. John Galt Insurance Agency

743 So. 2d 108, 1999 Fla. App. LEXIS 12368, 1999 WL 741119

District Court of Appeal of Florida | Filed: Sep 17, 1999 | Docket: 64791657

Cited 1 times | Published

injury or the process of recovery may require.” § 440.13(2)(a), Fla. Stat. (1997). Such periodic payments

Allen v. Tyrone Square 6 AMC Theaters

731 So. 2d 699, 1999 WL 41098

District Court of Appeal of Florida | Filed: Feb 2, 1999 | Docket: 1733722

Cited 1 times | Published

caused. Addressing non-emergency situations, section 440.13(2)(c), Florida Statutes (1997), provides simply

Claims Management, Inc. v. Lake

717 So. 2d 140, 1998 WL 597866

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 1475852

Cited 1 times | Published

notwithstanding the mandatory language of section 440.13(9)(c), Florida Statutes (1995). We therefore

Hertz Rent-A-Car v. Sosa

670 So. 2d 73, 1996 WL 27886

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 2532687

Cited 1 times | Published

future remedial or palliative medical care under section 440.13, and that the claimant would retain the right

Sol Dale Buildings, Inc. v. Schweickert

656 So. 2d 606, 1995 Fla. App. LEXIS 6905, 1995 WL 376672

District Court of Appeal of Florida | Filed: Jun 27, 1995 | Docket: 64757260

Cited 1 times | Published

injuries, and to furnish reports to the E/C. Section 440.13(2)(d), Florida Statutes. This responsibility

TW Services, Inc. v. Aldrich

659 So. 2d 318, 1994 WL 716686

District Court of Appeal of Florida | Filed: Dec 29, 1994 | Docket: 1462903

Cited 1 times | Published

that the adjuster was trying to circumvent section 440.13 by authorizing health care providers to perform

Kessler v. Community Blood Bank

621 So. 2d 539, 1993 WL 255581

District Court of Appeal of Florida | Filed: Jul 13, 1993 | Docket: 1266139

Cited 1 times | Published

had authorized "qualified medical treatment." Section 440.13(2)(a), Florida Statutes (1989), requires an

Frederick Electronics v. Pettijohn

619 So. 2d 14, 1993 WL 143945

District Court of Appeal of Florida | Filed: May 7, 1993 | Docket: 1721840

Cited 1 times | Published

more than the minimum wage for all periods. Section 440.13(2)(e), Florida Statutes (1989), states in part:

Town & Country Farms v. Peck

611 So. 2d 63, 1992 WL 385380

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1757333

Cited 1 times | Published

evidence on claimant's need for future treatment. Section 440.13(2)(d), Florida Statutes, provides in part:

Brigham & Winningham v. Mapes

610 So. 2d 623, 1992 WL 366071

District Court of Appeal of Florida | Filed: Dec 14, 1992 | Docket: 1182535

Cited 1 times | Published

be awarded as "other apparatus" pursuant to section 440.13(2)(a), Florida Statutes; but where the claimant's

Jackson Manor Nursing Home v. Ortiz

606 So. 2d 422, 1992 WL 217182

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 130933

Cited 1 times | Published

as required by section 440.13(2)(a), Florida Statutes (Supp. 1988). *423 Section 440.13(2)(a), Florida

Gulledge v. Dion Oil Co.

605 So. 2d 482, 1992 WL 201044

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 1702008

Cited 1 times | Published

timely provide medical benefits pursuant to section 440.13, and to pay temporary total disability compensation

Buena Vida Townhouse Ass'n v. Parciak

603 So. 2d 26, 1992 WL 162302

District Court of Appeal of Florida | Filed: Jul 15, 1992 | Docket: 1476143

Cited 1 times | Published

at large. This enactment, now contained in section 440.13(2)(h), Florida Statutes (1991), was in effect

State v. Vice

601 So. 2d 1294, 1992 WL 150975

District Court of Appeal of Florida | Filed: Jul 2, 1992 | Docket: 1710911

Cited 1 times | Published

medical reports to appellants, as required by Section 440.13(2)(b), Florida Statutes (Supp. 1988), which

Amfesco Duramil Division v. Guzman

596 So. 2d 732, 1992 WL 59213

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 1359050

Cited 1 times | Published

injury or the process of recovery may require." Section 440.13(2)(a), Fla. Stat. (1985). The AC award is nevertheless

MARTIN COUNTY BD. OF CTY. COM'RS v. Jones

595 So. 2d 125, 1992 WL 25836

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 1299221

Cited 1 times | Published

are not liable for claimant's medical bills. See § 440.13(2)(b), Fla. Stat. (1987); ARA Services v. Miller

Keller Kitchen Cabinets v. Holder

586 So. 2d 1132, 1991 WL 151971

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1742554

Cited 1 times | Published

and 440.16. (Emphasis added.) Of course, section 440.13 establishes the employee's right to receive

Hunter v. HERNANDO COUNTY BD. OF COM'RS

578 So. 2d 798, 1991 WL 60016

District Court of Appeal of Florida | Filed: Apr 22, 1991 | Docket: 440973

Cited 1 times | Published

stated. Neither the 1988 nor the 1989 version of Section 440.13(2)(e)2, Florida Statutes, provides that a family

Lindsey v. J.R. & R. Enterprises

575 So. 2d 1296, 16 Fla. L. Weekly 57, 1990 Fla. App. LEXIS 9671, 1990 WL 212141

District Court of Appeal of Florida | Filed: Dec 26, 1990 | Docket: 64657045

Cited 1 times | Published

cross-appeal presents issues on the applicability of section 440.13(2)(e)(l), Florida Statutes, as amended October

General Tire Serv. v. SPEC. DISABILITY TR. FUND

569 So. 2d 481, 1990 WL 141892

District Court of Appeal of Florida | Filed: Sep 27, 1990 | Docket: 1190156

Cited 1 times | Published

medical benefits previously paid pursuant to section 440.13; and (2) it was error to disallow reimbursement

Bennett v. H & L BUILDERS, INC.

567 So. 2d 33, 1990 WL 136860

District Court of Appeal of Florida | Filed: Sep 21, 1990 | Docket: 1380771

Cited 1 times | Published

responsible for unauthorized treatment pursuant to section 440.13(2), Florida Statutes, if the treatment is found

Reynolds v. OAKLEY CONST.

561 So. 2d 1298, 1990 WL 70410

District Court of Appeal of Florida | Filed: May 29, 1990 | Docket: 1480319

Cited 1 times | Published

refused to pay the hospital bill. Pursuant to section 440.13(2)(a) and (b), Florida Statutes, the employer

King Lumber Co. v. Bloomfield

560 So. 2d 389, 1990 Fla. App. LEXIS 3088, 1990 WL 57789

District Court of Appeal of Florida | Filed: May 1, 1990 | Docket: 1477575

Cited 1 times | Published

1989), indicate that the 1989 amendment to section 440.13(2)(e)2 (the validity of which is not questioned

Friendly Ford v. Hurrell

427 So. 2d 207

District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 1648253

Cited 1 times | Published

comply with the filing requirements set forth in section 440.13, Fla. Stat. (1979). The Deputy Commissioner

Seamco Laboratories, Inc. v. Pearson

424 So. 2d 898

District Court of Appeal of Florida | Filed: Dec 21, 1982 | Docket: 1297168

Cited 1 times | Published

section 440.19(1)(a), Fla. Stat. (1977) and section 440.13(3)(d), Fla. Stat. (1978 Supp.). Section 440

Catron Beverages, Inc. v. Maynard

395 So. 2d 261, 1981 Fla. App. LEXIS 19641

District Court of Appeal of Florida | Filed: Mar 13, 1981 | Docket: 64581012

Cited 1 times | Published

charges for like medicines in the community, Section 440.13(3)(a), Florida Statutes (1979), refused to

Eques v. Best Knit Textile Corp.

382 So. 2d 736

District Court of Appeal of Florida | Filed: Mar 21, 1980 | Docket: 1255744

Cited 1 times | Published

prior authorization for his treatments. See Section 440.13, Florida Statutes (1975). Thus, the deputy

City of Miami v. Granlund

153 So. 2d 830, 1963 Fla. LEXIS 2765

Supreme Court of Florida | Filed: May 22, 1963 | Docket: 60212419

Cited 1 times | Published

neglected to provide the same; * * *.” F.S.A. § 440.13. The record indicates that other objections by

Platzer v. Burger

144 So. 2d 507, 1962 Fla. LEXIS 2813

Supreme Court of Florida | Filed: Jul 25, 1962 | Docket: 60206940

Cited 1 times | Published

tantamount to tolling the statute of limitations, § 440.13(3) (b), Florida Statutes, F.S.A., in favor of

Star Employment Service, Inc. v. Florida Industrial Commission

122 So. 2d 174, 1960 Fla. LEXIS 2190

Supreme Court of Florida | Filed: Jun 15, 1960 | Docket: 60195323

Cited 1 times | Published

Chapter 28241, Laws of Florida, 1953, F.S.A. § 440.-13 et seq. It will be recalled that formerly circuit

Adams v. Florida Industrial Commission

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

except certain medical benefits provided for. in Section 440.13. The only question before us is whether Subsection

Williams v. American Surety Co.

99 So. 2d 877

District Court of Appeal of Florida | Filed: Jan 22, 1958 | Docket: 64490024

Cited 1 times | Published

fifty weeks in addition to any benefits under Section 440.13 for medical services and treatment, and under

Ghamra, M. D., Lung Associates of Sarasota, LLC v. Williams, Estate of Derrick Williams

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71275649

Published

Language 1669 (4th ed. 2000)) (considering section 440.13(2)(f), Florida Statutes). A "specialist"

Sedgwick Claims Management Services, the GEO Group, Inc. v. Ryan Thompson

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258606

Published

“break the tie” regarding the causation issue. See § 440.13(9)(c), Fla. Stat. Dr. Cameron provided an

Daniel Murphy v. Polk County Board of County Commissioners, and Commercial Risk Management

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258187

Published

treatment, care, or attendance, governed by section 440.13”). It is clear from the referenced statutory

Michael Guglielmo v. State of Florida-DOC Zephyrhills C I/Division of Risk Management

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962102

Published

medical benefits related to that condition under section 440.13, Florida Statutes, as qualifying treatment

Steak 'N Shake, Inc. v. Amber Nicole Spears and Eric Spears

District Court of Appeal of Florida | Filed: Jun 13, 2025 | Docket: 70530554

Published

out of and in the course of employment. Id. § 440.13(1)(d) (emphasis added). The italicized language

State of Florida v. Young

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834589

Published

specified 'business days' elsewhere in section 440.13, canons of statutory interpretation (particularly

Girardin v. AN Fort Myers Imports, LLC, Gallagher Bassett

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651311

Published

and gratuitously provided by family members.” § 440.13(1)(b), Fla. Stat. (2020). The testimony demonstrated

Ortiz v. Winn-Dixie, Inc., Travelers Insurance, and Sedgwick CMS

District Court of Appeal of Florida | Filed: Dec 23, 2024 | Docket: 69491845

Published

the claim as Travelers’s servicing agent. See § 440.13(2)(a), Fla. Stat. (“Subject to the limitations

Miami Donuts Payroll, Dunkin Donuts v. Villarreal

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347450

Published

to which they were statutorily entitled. See § 440.13(5), Fla. Stat. (2019).

Palm Beach County School District v. Josaphat

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848198

Published

injury or the process of recovery may require.” § 440.13(2)(a), Fla. Stat. “Medical necessity” involves

American Airlines Group American Airlines and Sedgwick CMS v. Alejandro Lopez

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553872

Published

treatment, care, or attendance, governed by section 440.13. Attorney’s fees are neither of these.

Girardin v. AN Fort Myers Imports, LLC, Gallagher Bassett

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68511405

Published

and gratuitously provided by family members.” § 440.13(1)(b), Fla. Stat. (2020). The testimony demonstrated

SAFECO INSURANCE COMPANY OF ILLINOIS v. MD NOW MEDICAL CENTERS, INC. d/b/a MD NOW PATIENT: SHELLEY HOLMSTOCK

District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67657805

Published

schedule . . . .” § 440.13(12)–(13), Fla. Stat. (2020). In conjunction with section 440.13, Florida Administrative

UNITED AUTOMOBILE INSURANCE COMPANY v. CENTRAL THERAPY CENTER, INC., A/A/O VANESSA LOPEZ

District Court of Appeal of Florida | Filed: Jul 6, 2022 | Docket: 63572754

Published

independent medical examination pursuant to Section 440.13 or 627.736(7), F.S., the record maintenance

Laboratory Corporation of America v. Patty Davis, etc. & Sheridan Radiology Services of Pinellas, Inc. v. Patty Davis, etc.

Supreme Court of Florida | Filed: May 26, 2022 | Docket: 63339287

Published

be of great public importance: DOES SECTION 440.13(11)(c) OF THE WORKERS’ COMPENSATION LAW

ABM Industries, Inc. and ACE/ESIS v. Maritza Valencia

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60498297

Published

request for a one-time change of physician under section 440.13(2)(f), Florida Statutes (2018), identifying

James Harman v. Merchant Transport, CCMSI

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60386701

Published

him with an alternate physician pursuant to section 440.13(2)(f), Florida Statutes (2017), but erred in

Joshua Holcombe v. City of Naples/Johns Eastern Company, Inc.

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60386696

Published

independent medical examinations (IME), pursuant to section 440.13(5), Florida Statutes. Claimant’s IME, Dr. Pianko

QUEST DIAGNOSTICS, INC. v. CHERI HAYNIE

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860104

Published

care provider and, as such, was governed by section 440.13(13)(a), Florida Statutes (2019), which provides

Ernesto Blanco v. Creative Management Services, LLC/ Technology Insurance Company

District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16344975

Published

certified” in internal medicine or pulmonology. Yet section 440.13(5)(a), which provides for the selection of

PATTY DAVIS v. SHERIDAN HEALTHCARE, INC. AND SHERIDAN RADIOLOGY SERVICES OF PINELLAS, INC.

District Court of Appeal of Florida | Filed: Oct 16, 2019 | Docket: 16338041

Published

determining the legitimacy of that debt is the WCL. Section 440.13(11)(c) grants exclusive jurisdiction to the

Robert Schiano v. City of Hollywood Police Deparment/ Employer's Mutual, Inc.

District Court of Appeal of Florida | Filed: Aug 21, 2019 | Docket: 16089875

Published

of authorized treating physician pursuant to section 440.13(2)(f), Florida Statutes. The next day, Claimant

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

District Court of Appeal of Florida | Filed: Jun 18, 2019 | Docket: 15788546

Published

the denial of shoulder surgery, arguing that section 440.13(9)(c), Florida Statutes, which provides a presumption

Marie Lafleur v. The Arbor Holding Company LLC d/b/a Barrington Terrace of Fort Myers and United Wisconsin Insurance Company

272 So. 3d 885

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762809

Published

one- time change of physician available under section 440.13(2)(f), Florida Statutes (2014). We reverse

Librada Gonzalez Izaguirre v. Beach Walk Resort/Travelers Insurance

District Court of Appeal of Florida | Filed: May 16, 2019 | Docket: 15620467

Published

(“IME”) report. As authority, the JCC relied on section 440.13(5)(a), Florida Statutes (2015), which requires

Sharon Varricchio v. St. Lucie County Clerk of Courts and Ascension Insurance

271 So. 3d 1206

District Court of Appeal of Florida | Filed: Apr 29, 2019 | Docket: 15013081

Published

medical improvement (“MMI”) and the claim that section 440.13(4)(c), Florida Statutes (2013), allowing ex

Kurt Falk v. Harris Corporation and Liberty Insurance Corporation

District Court of Appeal of Florida | Filed: Apr 11, 2019 | Docket: 14945131

Published

the primary issues in disagreement. Although section 440.13(9)(c), Florida Statutes (2011), affords an

Kurt Falk v. Harris Corporation and Liberty Insurance Corporation

267 So. 3d 578

District Court of Appeal of Florida | Filed: Apr 11, 2019 | Docket: 14916714

Published

the primary issues in disagreement. Although section 440.13(9)(c), Florida Statutes (2011), affords an

Randstad North America/ESIS Worker's Compensation Claims v. Alfred Barr

267 So. 3d 564

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865375

Published

E/C’s argument, finding that the EMA statute, section 440.13(9)(c), Florida Statutes, provides that the

Geoffrey Meehan v. Orange County Data & Appraisals and Johns Eastern Company, Inc.

272 So. 3d 458

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752083

Published

accepted the testimony of Dr. Brooks 1 Section 440.13(9)(c), Florida Statutes, dictates that the

Marine Max, Inc., and Seabright Insurance Company v. Charles Blair

268 So. 3d 839

District Court of Appeal of Florida | Filed: Mar 7, 2019 | Docket: 14634928

Published

making appropriate progress in recuperation, see § 440.13(2)(d), Fla. Stat., or if the provider was engaged

William Rente v. Orange County BOCC and Cannon Cochran Management Services, Inc.

263 So. 3d 294

District Court of Appeal of Florida | Filed: Feb 11, 2019 | Docket: 14545173

Published

886 So. 2d 1059, 1060 (Fla. 1st DCA 2004). Section 440.13(5)(e), Florida Statutes (2015), provides the

United States Fire Insurance Company and Oxford Shops of South Florida v. Virginia Hackett

260 So. 3d 532

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409764

Published

that IMEs are available solely as provided in section 440.13(5), which Claimant argues does not apply here

Hansen And Adkins Auto Transport and Gallagher Bassett Services v. James Martin

259 So. 3d 994

District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8379112

Published

of the E/C under the self-help provisions of section 440.13(2)(c), Florida Statutes (2015). See, e.g.,

Marlene Altemar v. Lifespace Communities, and Communities, etc.

249 So. 3d 1319

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7386586

Published

the health care providers on that ground. See § 440.13(9)(c), Fla. Stat. (2013); Guerra v. C.A. Lindman

Laura Myers v. Pasco County School Board and Johns Eastern Company, Inc.

246 So. 3d 1278

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7024338

Published

“one-time change” of physician as permitted by section 440.13(2)(f), Florida Statutes (2016). For the reasons

Ruben Rodriguez v. Tallahassee Fire Department/ City of Tallahassee

240 So. 3d 788

District Court of Appeal of Florida | Filed: Mar 15, 2018 | Docket: 6335105

Published

rating, the JCC appointed Dr. Castello as EMA. See § 440.13(9)(c), Fla. Stat. (2013). After Dr. Castello’s

Hernandez v. Hialeah Solid Waste Dep't

238 So. 3d 418

District Court of Appeal of Florida | Filed: Feb 20, 2018 | Docket: 64673848

Published

sided with the employer, and Hernandez appeals. Section 440.13(2)(d) allows the employer "to transfer the

Jose Luis Hernandez v. Hialeah Solid Waste Dept. and Sedgwick CMS

District Court of Appeal of Florida | Filed: Feb 20, 2018 | Docket: 6309898

Published

with the employer, and Hernandez appeals. Section 440.13(2)(d) allows the employer “to transfer the

Teco Energy, Inc/ Teco Services, Inc. v. Michael K. Williams

District Court of Appeal of Florida | Filed: Dec 18, 2017 | Docket: 6244014

Published

expert medical advisor (“EMA”) pursuant to section 440.13(9), Florida Statutes. The EMA, Dr. Horan, noted

A & M Gerber Chiropractic LLC v. GEICO Gen. Ins. Co.

291 F. Supp. 3d 1318

District Court, S.D. Florida | Filed: Nov 17, 2017 | Docket: 64317063

Published

compensation, as determined under Florida Statutes, § 440.13 and rules adopted thereunder which are in effect

Beverly Mathis v. Broward County School Board and The School etc.

224 So. 3d 852, 2017 WL 3469413, 2017 Fla. App. LEXIS 11635

District Court of Appeal of Florida | Filed: Aug 14, 2017 | Docket: 6144163

Published

entitled to a ten-day approval period under section 440.13(3)(i), Florida Statutes (2014), and the emergency-care

Baycare Home Care Medical Supply v. Santiago

220 So. 3d 1286, 2017 WL 2790707, 2017 Fla. App. LEXIS 9304

District Court of Appeal of Florida | Filed: Jun 27, 2017 | Docket: 60267192

Published

examine Santiago and resolve the conflict. See § 440.13(9)(e), Fla. Stat. (2013) (authorizing the JCC

Velez v. CoAdvantage, Epoch Management

220 So. 3d 1253, 2017 WL 2628009, 2017 Fla. App. LEXIS 8911

District Court of Appeal of Florida | Filed: Jun 19, 2017 | Docket: 60267178

Published

seeking a new orthopedic physician pursuant to section 440.13(2)©. After the E/C timely authorized Dr. Meinhardt

Elsa Dominguez v. Compass Group and Gallagher Bassett Ser etc.

219 So. 3d 223, 2017 WL 2130237, 2017 Fla. App. LEXIS 6940

District Court of Appeal of Florida | Filed: May 16, 2017 | Docket: 6067445

Published

claim for a one-time change of physician under section 440.13(2)(f), Florida Statutes (2011). We reverse

AT&T Communications and Sedgwick CMS v. Victoria Murray Rosso

217 So. 3d 1183, 2017 WL 1655233, 2017 Fla. App. LEXIS 6125

District Court of Appeal of Florida | Filed: May 2, 2017 | Docket: 6057381

Published

request by an authorized health care provider. See § 440.13(3)(d), Fla. Stat. (2016). But we reverse the

RetailFirst Insurance Company and Servpro of S. E. Tampa v. Brenton Davis

207 So. 3d 1035, 2017 WL 280891, 2017 Fla. App. LEXIS 622

District Court of Appeal of Florida | Filed: Jan 23, 2017 | Docket: 4571648

Published

upon submission of a written request to do so. § 440.13(2)(f), Fla. Stat. (2016). In this case of first

Vincent Sansone v. Frank Crum/Frank Winston Crum Insurance, Inc.

201 So. 3d 1289, 2016 Fla. App. LEXIS 16230

District Court of Appeal of Florida | Filed: Nov 2, 2016 | Docket: 4484802

Published

879 (Fla. 1st DCA 2012); see also § 440.13(3)(g), (13)(a), Fla. Stat. (2014). At that point

Dane Hidden v. Day & Zimmerman/Florida Power & Light etc.

202 So. 3d 441, 2016 Fla. App. LEXIS 15055

District Court of Appeal of Florida | Filed: Oct 7, 2016 | Docket: 4480310

Published

medical opinions in the depositions based on section 440.13(5)(e), Florida Statutes (2014), which prohibits

Kilyn Construction, Inc./ FRSA SIF v. Dedrick Pierce

200 So. 3d 259, 2016 Fla. App. LEXIS 14759, 2016 WL 5747921

District Court of Appeal of Florida | Filed: Oct 4, 2016 | Docket: 4468668

Published

importantly, awarded—must be consistent with section 440.13, Florida Statutes (2012), and this court’s

SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal – Corrected Opinion

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108655

Published

physicians in workers’ compensation cases. See § 440.13(2)(f), Fla. Stat. (2009); see also Butler v. Bay

Scott v. Sears Holding Corporate

189 So. 3d 1035, 2016 Fla. App. LEXIS 5676, 2016 WL 1460851

District Court of Appeal of Florida | Filed: Apr 14, 2016 | Docket: 60254392

Published

(JCC), and (2) the constitutionality of the section 440.13(2)(b)l., Florida Statutes, which limits payment

Juan Alvarez v. Fort Pierce Police Department

186 So. 3d 581, 2016 WL 606707

District Court of Appeal of Florida | Filed: Feb 15, 2016 | Docket: 3036259

Published

used to identify or treat an illness or injury.” § 440.13(l)(k), 'Fla. Stat. (2013). It is well established

Boley Centers, Inc. v. Vines

179 So. 3d 464, 2015 Fla. App. LEXIS 17159, 2015 WL 7156955

District Court of Appeal of Florida | Filed: Nov 16, 2015 | Docket: 60251762

Published

medical examiner (IME), or expert medical advisor. § 440.13(5)(e), Fla. Stat. (2013). See also Cespedes v

Esad Babahmetovic v. Scan Design Florida Inc/ Zenith Insurance Company

176 So. 3d 1006

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991549

Published

authorized treating physician, as' permitted - by section 440.13(2)(f), Florida Statutes (2013); For the reasons

Victor Gonzalez v. Quinco Electrical and Zenith

171 So. 3d 153

District Court of Appeal of Florida | Filed: Jul 14, 2015 | Docket: 2673973

Published

request for a one-time change of physician under section 440.13(2)(f), Florida Statutes (2013). We affirm the

Terry Pearson v. BH Transfer And Chartis Claims, Inc.

163 So. 3d 1280

District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659774

Published

necessary. Because the JCC’s interpretation of section 440.13(3)(i), Florida Statutes (2011), was erroneous

BROADSPIRE, A Crawford etc. v. James E. Jones

164 So. 3d 708

District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659814

Published

maximum allowable from a family member under section 440.13(2)(b), Florida Statutes (2013). II.

Maria Suarez v. Steward Enterprises and Travelers Ins. Co.

164 So. 3d 132

District Court of Appeal of Florida | Filed: May 11, 2015 | Docket: 2656167

Published

to $200 per hour, the amount referenced in section 440.13(10), Florida Statutes (2011), and that error

Esad Babahmetovic v. Scan Design Florida Inc/ Zenith Insurance Company

District Court of Appeal of Florida | Filed: May 3, 2015 | Docket: 2654140

Published

authorized treating physician, as permitted by section 440.13(2)(f), Florida Statutes (2013). For the reasons

Stahl v. Hialeah Hospital

160 So. 3d 519, 2015 Fla. App. LEXIS 4294, 2015 WL 1422502

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 60246880

Published

110, Laws of Fla. (substantially rewriting section 440.13, Florida Statutes); Ch. 03-412, § 18, at 3920-24

Gonzalez v. AMC/CCMSI

160 So. 3d 932, 2015 Fla. App. LEXIS 3569, 2015 WL 1086137

District Court of Appeal of Florida | Filed: Mar 12, 2015 | Docket: 60246941

Published

medical advisor (EMA) under the authority of section 440.13(9), Florida Statutes (2011). The physical examination

Mayra Gonzalez v. AMC/CCMSI

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2641086

Published

medical advisor (EMA) under the authority of section 440.13(9), Florida Statutes (2011). The physical examination

City of Fort Pierce/Florida Municipal Insurance Trust v. Spence

155 So. 3d 1197, 2014 Fla. App. LEXIS 20918, 2014 WL 7384125

District Court of Appeal of Florida | Filed: Dec 30, 2014 | Docket: 60245581

Published

compensa-ble, the JCC erred in excluding, under section 440.13(5)(e), Florida Statutes, Dr. Roush’s medical

City of Fort Pierce/Florida Municipal Insurance Trust v. Spence

155 So. 3d 1197, 2014 Fla. App. LEXIS 20918, 2014 WL 7384125

District Court of Appeal of Florida | Filed: Dec 30, 2014 | Docket: 60245581

Published

compensa-ble, the JCC erred in excluding, under section 440.13(5)(e), Florida Statutes, Dr. Roush’s medical

Sears Outlet and Sedgwick CMS v. James Brown

152 So. 3d 785

District Court of Appeal of Florida | Filed: Dec 8, 2014 | Docket: 2612560

Published

was excused under the self-help provision of section 440.13(2)(c), Florida Statutes (2010). Accordingly

Noe Guerra v. C.A. Lindman, Inc., and Argonaut Insurance Co.

146 So. 3d 527

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310384

Published

JCC erred in appointing an EMA. See § 440.13(9)(c), Fla. Stat. (2010). Thus, the JCC’s

Noe Guerra v. C.A. Lindman, Inc., and Argonaut Insurance Co.

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 378981

Published

injury, the JCC erred in appointing an EMA. See § 440.13(9)(c), Fla. Stat. (2010). REVERSED and

Brevard County School Board v. Acosta

141 So. 3d 233, 2014 Fla. App. LEXIS 8788, 2014 WL 2565925

District Court of Appeal of Florida | Filed: Jun 9, 2014 | Docket: 60241828

Published

JCC’s determination and is consistent with section 440.13(2), Florida Statutes (2012). That provision

Trejo-Perez v. Arry's Roofing

141 So. 3d 220, 2014 WL 2472264, 2014 Fla. App. LEXIS 8384

District Court of Appeal of Florida | Filed: Jun 3, 2014 | Docket: 60241825

Published

unsubstantiated medical opinion, which is contrary to section 440.13(2)(a), Florida Statutes. But the majority opinion

Lord v. Santa Rosa Correctional Institute

135 So. 3d 1170, 2014 WL 1641072, 2014 Fla. App. LEXIS 6054

District Court of Appeal of Florida | Filed: Apr 24, 2014 | Docket: 60239457

Published

that a “one-time” change of physician under section 440.13(2)(f), Florida Statutes, has not been authorized

Flagler Hospital Inc. v. Association Insurance Co.

133 So. 3d 644, 2014 WL 982554, 2014 Fla. App. LEXIS 3605

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60238862

Published

over reimbursement dispute actionable under section 440.13(7)(a)). Here, because compensability has yet

Andino-Rivera v. Southeast Atlantic Beverage Co.

132 So. 3d 1191, 2014 WL 444000, 2014 Fla. App. LEXIS 1373

District Court of Appeal of Florida | Filed: Feb 4, 2014 | Docket: 60238337

Published

management physician in lieu of a surgeon under section 440.13(2)(f), Florida Statutes (2011), and so leave

Brandywine Convalescent v. Ragoobir

124 So. 3d 344, 2013 WL 5629761, 2013 Fla. App. LEXIS 16492, 38 Fla. L. Weekly Fed. D 2183

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60235453

Published

reverse. The JCC here appointed an EMA under section 440.13(9), Florida Statutes (2008), to resolve a conflict

Collins v. Mosaic Fertilizer, LLC

121 So. 3d 1119, 2013 WL 4482492, 2013 Fla. App. LEXIS 13303

District Court of Appeal of Florida | Filed: Aug 22, 2013 | Docket: 60234324

Published

evidence to the contrary as determined by the [JCC].” § 440.13(9), Fla. Stat. (2009). “When the JCC rejects the

Bustamante v. Amber Construction Co.

118 So. 3d 921, 2013 WL 3942487, 2013 Fla. App. LEXIS 12086

District Court of Appeal of Florida | Filed: Aug 1, 2013 | Docket: 60233475

Published

Claimant’s request for a one-time change pursuant to section 440.13(2)(f), Florida Statutes (2011). For the following

Church's Chicken v. Anderson

112 So. 3d 545, 2013 WL 1338699, 2013 Fla. App. LEXIS 5474

District Court of Appeal of Florida | Filed: Apr 4, 2013 | Docket: 60231145

Published

“arose as a result of a work-related accident.” § 440.13(3)(b), Fla. Stat. (2010). The causal relationship

Prescription Partners, LLC v. State, Department of Financial Services

109 So. 3d 1218, 2013 WL 1235893, 2013 Fla. App. LEXIS 5161

District Court of Appeal of Florida | Filed: Mar 28, 2013 | Docket: 60229469

Published

Statutes. According to the plan outlined in section 440.13, Florida Statutes, workers’ compensation physicians

Beavers v. Carpenter Contractors of America

107 So. 3d 551, 2013 Fla. App. LEXIS 3001, 2013 WL 678620

District Court of Appeal of Florida | Filed: Feb 26, 2013 | Docket: 60228754

Published

deau-thorized by the employer/carrier under section 440.13(2)(d), Florida Statutes (2010), the JCC did

Hillsborough County School Board v. Kubik

110 So. 3d 928, 2013 WL 614183, 2013 Fla. App. LEXIS 2777

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60230522

Published

granting a one-time change of physician under section 440.13(2)(f), Florida Statutes. I cannot agree, however

Arnau v. Winn Dixie Stores

105 So. 3d 669, 2013 WL 425881, 2013 Fla. App. LEXIS 1686

District Court of Appeal of Florida | Filed: Feb 5, 2013 | Docket: 60227966

Published

reached MMI as of July 1, 2009. Analysis Section 440.13(9)(c), Florida Statutes (2008), mandates that

Avery v. City of Coral Gables

100 So. 3d 749, 2012 Fla. App. LEXIS 19290, 2012 WL 5416208

District Court of Appeal of Florida | Filed: Nov 7, 2012 | Docket: 60225944

Published

authorized treating physicians pursuant to section 440.13(2)(d), Florida Statutes (2011), based on the

Bellamy v. Golden Flake Snack Foods, Inc.

97 So. 3d 941, 2012 WL 3930366, 2012 Fla. App. LEXIS 15111

District Court of Appeal of Florida | Filed: Sep 11, 2012 | Docket: 60312015

Published

compensability,’ or disability.” Id. at 836. See also § 440.13(5)(a), Fla. Stat. (2009). A “dispute” was read

Bergstein v. Palm Beach County School Board

97 So. 3d 878, 2012 WL 3537820, 2012 Fla. App. LEXIS 13716

District Court of Appeal of Florida | Filed: Aug 17, 2012 | Docket: 60311992

Published

of this jurisdictional defense (codified at section 440.13(ll)(c), Florida Statutes (1994)) is a de facto

HMSHOST Corp. v. Frederic

102 So. 3d 668, 2012 WL 1929917, 2012 Fla. App. LEXIS 8556

District Court of Appeal of Florida | Filed: May 29, 2012 | Docket: 60226738

Published

selection of a “one-time” change of physician under section 440.13(2)(f), Florida Statutes (2009). We reverse

Arlotta v. City of West Palm Beach

82 So. 3d 1221, 2012 Fla. App. LEXIS 4604, 2012 WL 987401

District Court of Appeal of Florida | Filed: Mar 26, 2012 | Docket: 2553228

Published

denied and dismissed the claims. Analysis Section 440.13(9)(c), Florida Statutes (2007), mandates the

Federal Express Corp. v. Lupo

77 So. 3d 899, 2012 Fla. App. LEXIS 968, 2012 WL 178367

District Court of Appeal of Florida | Filed: Jan 24, 2012 | Docket: 60304843

Published

convincing evidence to do so, as required by section 440.13(9)(c). Accordingly, we reverse and remand this

Wojick v. State, Department of Children & Families

75 So. 3d 362, 2011 Fla. App. LEXIS 18591, 2011 WL 5842822

District Court of Appeal of Florida | Filed: Nov 22, 2011 | Docket: 60303709

Published

certain workers’ compensation benefits. See, e.g., § 440.13(5)(d), Fla. Stat. (2006) (stating that an employee

Keeton v. Kentucky Fried Chicken

74 So. 3d 1125, 2011 Fla. App. LEXIS 18139, 2011 WL 5561247

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2353358

Published

licensure and applicable practice parameters." § 440.13(5)(a), Fla. Stat. (2005). The Law provides further

City of Panama City v. Bagshaw

65 So. 3d 614, 2011 Fla. App. LEXIS 11447, 2011 WL 2937301

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 60301752

Published

fees and costs. At issue are whether, under section 440.13(3)(i), Florida Statutes (2002), an E/C must

Trevino v. Department of Revenue

82 So. 3d 930, 2011 WL 2937374, 2011 Fla. App. LEXIS 11449

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 7636

Published

convincing evidence to support such a denial. See § 440.13(9)(c), Fla. Stat. (2007) ("The opinion of the

Castillo v. Total Source, Inc.

65 So. 3d 120, 2011 Fla. App. LEXIS 10300, 2011 WL 2578572

District Court of Appeal of Florida | Filed: Jun 30, 2011 | Docket: 60301654

Published

entitled to a “onetime” change of physician under section 440.13(2)(f), Florida Statutes, because he had already

Stokes v. Schindler Elevator Corp./Broadspire

60 So. 3d 1110, 2011 Fla. App. LEXIS 6601, 2011 WL 1744156

District Court of Appeal of Florida | Filed: May 9, 2011 | Docket: 60300061

Published

testify under the Workers’ Compensation Law. See § 440.13(5)(e), Fla. Stat. (2007) (stating no medical opinion

Seigler v. RMC AMERICAS OF FLORIDA, LLC

57 So. 3d 913, 2011 Fla. App. LEXIS 3889, 2011 WL 985215

District Court of Appeal of Florida | Filed: Mar 22, 2011 | Docket: 2579161

Published

Claimant's request for a change in physician under section 440.13(2)(f), Florida Statutes (2008). See Harrell

Harman v. Gadsden Correctional Facility

46 So. 3d 1140, 2010 Fla. App. LEXIS 16536, 2010 WL 4273382

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 1927849

Published

both cases. The judge should have relied on section 440.13(2)(a), Florida Statutes (2007), and its test

Braun v. Brevard County

44 So. 3d 1216, 2010 Fla. App. LEXIS 14885, 2010 WL 3783441

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 60295551

Published

a one-time change in physician, pursuant to section 440.13(2)(f), Florida Statutes (2005). Still later

Braun v. Brevard County

44 So. 3d 1216, 2010 Fla. App. LEXIS 14885, 2010 WL 3783441

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 60295551

Published

a one-time change in physician, pursuant to section 440.13(2)(f), Florida Statutes (2005). Still later

AA Gutter Cleaning, Inc. v. Cesario

49 So. 3d 281, 2010 Fla. App. LEXIS 14001, 2010 WL 3655901

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 60296712

Published

compensation claims erroneously interpreted section 440.13(9)(c), Florida Statutes (2004), to require

CITY OF AUBURNDALE v. Searfoss

43 So. 3d 927, 2010 Fla. App. LEXIS 13567, 2010 WL 3584387

District Court of Appeal of Florida | Filed: Sep 13, 2010 | Docket: 2571936

Published

claimant to resort to self-help provisions of section 440.13(2)(c))and, thus, no competent evidence supports

Lehoullier v. Gevity/Fire Equipment Services

43 So. 3d 834, 2010 Fla. App. LEXIS 12703, 2010 WL 3398143

District Court of Appeal of Florida | Filed: Aug 31, 2010 | Docket: 2396642

Published

no "dispute" existed within the meaning of section 440.13(5)(a), Florida Statutes (2007). *836 After

Gomar v. Ridenhour Concrete and Supply

42 So. 3d 855, 2010 Fla. App. LEXIS 11695, 2010 WL 3119939

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 1647262

Published

this workers' compensation appeal is whether section 440.13(5)(a), Florida Statutes, permits a claimant

Romero v. JB PAINTING & WATERPROOFING, INC.

38 So. 3d 836, 2010 Fla. App. LEXIS 8909, 2010 WL 2472276

District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 2527387

Published

shall appoint an EMA. See § 440.13(9)(c), Fla. Stat. (2008). "While [section 440.13(9)] contains no provisions

Pruitt v. SOUTHEAST PERSONNEL LEASING INC.

33 So. 3d 112, 2010 Fla. App. LEXIS 5543, 2010 WL 1656866

District Court of Appeal of Florida | Filed: Apr 27, 2010 | Docket: 294337

Published

JCC erred as a matter of law because under section 440.13(2)(f), Florida Statutes (2007), he was entitled

JBD BROTHER'S v. Miranda

25 So. 3d 1271, 2010 Fla. App. LEXIS 544, 2010 WL 255980

District Court of Appeal of Florida | Filed: Jan 25, 2010 | Docket: 1661266

Published

for Health Care Administration, not the JCC. See § 440.13(1)(r) and (11)(c), Fla. Stat. (2008); Orange County

Donald v. ALBERTSON'S AND SPECIALTY RISK SERVICES, INC.

10 So. 3d 666, 2009 Fla. App. LEXIS 6625, 2009 WL 1035013

District Court of Appeal of Florida | Filed: Apr 20, 2009 | Docket: 1642552

Published

injured employee to be evaluated by an [EMA]." § 440.13(9)(c), Fla. Stat. (2002). "If there is conflict

Brown v. Vanguard Security

7 So. 3d 572, 2009 Fla. App. LEXIS 1704, 2009 WL 528785

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1227397

Published

was obligated to appoint an EMA pursuant to section 440.13(9)(c), Florida Statutes (2000). Accordingly

Tri-City Electric v. Werner

5 So. 3d 752, 2009 Fla. App. LEXIS 1678, 2009 WL 500629

District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 60297207

Published

different specialties.” We addressed whether section 440.13(2)(f), Florida Statutes, permitted one change

Advanced Masonry Systems v. Molina

4 So. 3d 62, 2009 Fla. App. LEXIS 1294, 2009 WL 400371

District Court of Appeal of Florida | Filed: Feb 19, 2009 | Docket: 60295084

Published

Claimant could work at a sedentary level. Under section 440.13(9)(c), Florida Stat*65utes (2001), the EMA’s

Hunt v. Staff Leasing

996 So. 2d 254, 2008 WL 5191704

District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 1428956

Published

which it provided medical benefits to Claimant. Section 440.13(2)(b), Florida Statutes, requires an e/c to

Jennings v. NATIONAL LINEN SERVICES

995 So. 2d 1153, 2008 WL 5101671

District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 73574

Published

necessary to treat an employee's workplace injury. § 440.13(2)(a), Fla. *1155 Stat. (1997). An E/C is not

Hamilton v. RL BEST INTERN.

996 So. 2d 233, 2008 WL 4809902

District Court of Appeal of Florida | Filed: Nov 6, 2008 | Docket: 1316383

Published

physician under the terms of Florida Statutes § 440.13 (1997) [emphasis added]." I believe this statement

Protocol Communications, Inc. v. Andrews

991 So. 2d 429, 2008 WL 4362017

District Court of Appeal of Florida | Filed: Sep 26, 2008 | Docket: 1397813

Published

independent medical examination. Referring to section 440.13(5)(a), the employer contends that when the

McDonald's v. Lopez

990 So. 2d 1227, 2008 WL 4298541

District Court of Appeal of Florida | Filed: Sep 23, 2008 | Docket: 2507786

Published

Friedman was authorized, in relevant part, by section 440.13(2)(c), Florida Statutes (2005), and he ordered

Hampton v. FANTASTIC SAM'S

977 So. 2d 667, 2008 WL 482329

District Court of Appeal of Florida | Filed: Feb 25, 2008 | Docket: 551272

Published

authorized provider by operation of law pursuant to section 440.13(2), Florida Statutes (2001), as Claimant had

AMS STAFF LEASING, INC. v. Arreola

976 So. 2d 612, 2008 WL 244665

District Court of Appeal of Florida | Filed: Jan 31, 2008 | Docket: 1274371

Published

qualifications to practice in the USA. According to section 440.13(2)(a), Florida Statutes (2005), an employer

Desir v. Nouveau Associates

969 So. 2d 1089, 2007 WL 3144833

District Court of Appeal of Florida | Filed: Oct 30, 2007 | Docket: 1725924

Published

utility bills, were not medically necessary under section 440.13, Florida Statutes, and denied the benefit.

Palm Beach County Sheriff's Office v. Bair

965 So. 2d 1210, 2007 Fla. App. LEXIS 14678, 2007 WL 2733825

District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 64852624

Published

Because of the conflicting medical testimony, section 440.13(9)(e), Florida Statutes (2002), mandated the

Nova Southeastern University v. Majnerich

953 So. 2d 715, 2007 WL 1038109

District Court of Appeal of Florida | Filed: Apr 9, 2007 | Docket: 1332736

Published

including medicines[.]" § 440.13(2)(a), Fla. Stat. (2001). See also § 440.13(3)(j), Fla. Stat. (2001);

Miller v. Jupiter Medical Center

928 So. 2d 485, 2006 Fla. App. LEXIS 6899, 2006 WL 1210308

District Court of Appeal of Florida | Filed: May 8, 2006 | Docket: 64844574

Published

for an alternate IME examiner, required by section 440.13(5)(b), Florida Statutes (2001), viz., the examiner

Camus v. Manatee County School Board

923 So. 2d 1266, 2006 Fla. App. LEXIS 4365, 2006 WL 778637

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 64843080

Published

at the time he evaluated claimant in 2004. See § 440.13(5)(e), Fla. Stat. (1995). The E/C concedes that

City of Tampa v. Thompson

923 So. 2d 558, 2006 Fla. App. LEXIS 3729, 2006 WL 658859

District Court of Appeal of Florida | Filed: Mar 17, 2006 | Docket: 64842985

Published

627 (Fla. 1st DCA 2003) (“the clear intent of section 440.13(9)(c) is to require participation of an expert

Hillsborough County School Board v. Suarez

920 So. 2d 167, 2006 Fla. App. LEXIS 1421, 2006 WL 264043

District Court of Appeal of Florida | Filed: Feb 6, 2006 | Docket: 64842179

Published

fails to follow the procedure prescribed by section 440.13(2)(f), Florida Statutes (2002). In authorizing

Tyson v. PALM BEACH COUNTY SCHOOL BD.

913 So. 2d 105, 2005 WL 2756026

District Court of Appeal of Florida | Filed: Oct 26, 2005 | Docket: 1698417

Published

compensable, work-related injuries. We have held: Section 440.13(2)(a), Florida Statutes, directs the employer

Manuel v. Amstaff

915 So. 2d 679, 2005 Fla. App. LEXIS 16843, 2005 WL 2736566

District Court of Appeal of Florida | Filed: Oct 25, 2005 | Docket: 64841057

Published

JCC to reject the EMA’s opinion since, under section 440.13(9), Florida Statutes (2001), the EMA is appointed

Sonny Glassbrenner, Inc. v. Dowling

913 So. 2d 82, 2005 Fla. App. LEXIS 16460, 2005 WL 2649222

District Court of Appeal of Florida | Filed: Oct 18, 2005 | Docket: 64840721

Published

medical reports reflected a need for the permit. See § 440.13(2)(c), Fla. Stat. (2001) (providing that an employee

Palm Beach County School Board v. Zabik

906 So. 2d 362, 2005 Fla. App. LEXIS 10998, 2005 WL 1660795

District Court of Appeal of Florida | Filed: Jul 18, 2005 | Docket: 64839559

Published

“attendant care” in section 440.13(l)(b), Florida Statutes (2000), construed with section 440.13(2)(a)-(b), Florida

Myers v. Sherwin-Williams Paint Co.

898 So. 2d 264, 2005 Fla. App. LEXIS 3577, 2005 WL 607913

District Court of Appeal of Florida | Filed: Mar 17, 2005 | Docket: 64837352

Published

payments made to her psychotherapist under section 440.13(2)(c), Florida Statutes (1995). We agree with

Peckham v. Speegle Construction, Inc.

896 So. 2d 815, 2005 Fla. App. LEXIS 1655, 2005 WL 371746

District Court of Appeal of Florida | Filed: Feb 17, 2005 | Docket: 64836880

Published

relying on the conflicting opinion of the PA. Section 440.13(5)(e) explicitly allows only the opinions of

Mosquera v. Home Shopping Network En Espanol, LLC

890 So. 2d 1237, 2005 Fla. App. LEXIS 224, 2005 WL 94508

District Court of Appeal of Florida | Filed: Jan 19, 2005 | Docket: 64835400

Published

opinion of her authorized treating physician. Section 440.13(9)(c), Florida Statutes (2001), “mandates the

Adams Building Materials, Inc. v. Brooks

892 So. 2d 527, 2004 Fla. App. LEXIS 19998, 2004 WL 2996782

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835745

Published

attendant care services are medically necessary. See § 440.13(2)(b), Fla. Stat. (2001)-(2002) (providing that

Cowins v. Landmark Learning Center

885 So. 2d 421, 2004 Fla. App. LEXIS 15329, 2004 WL 2330803

District Court of Appeal of Florida | Filed: Oct 18, 2004 | Docket: 64833713

Published

examiner, nor an authorized treating physician, section 440.13(5)(e), Florida Statutes (Supp.1994) barred

Media General, Inc. v. McGuire

871 So. 2d 1045, 2004 Fla. App. LEXIS 6475, 2004 WL 1058117

District Court of Appeal of Florida | Filed: May 10, 2004 | Docket: 64830140

Published

2004 WL 609298 (Fla. 1st DCA March 30, 2004) (“Section 440.13(9) imposes upon the JCC a statutory duty to

DeCuba v. Indian River Community College

867 So. 2d 1257, 2004 Fla. App. LEXIS 3492, 2004 WL 524721

District Court of Appeal of Florida | Filed: Mar 18, 2004 | Docket: 64828883

Published

examiner who was paid more than permitted by section 440.13(14)(b), Florida Statutes (1999). Because the

CEM ENTERPRISES, INC. v. Thompson

859 So. 2d 1247, 2003 WL 22697279

District Court of Appeal of Florida | Filed: Nov 17, 2003 | Docket: 325904

Published

medically necessary medical apparatus under section 440.13(2)(a), Florida Statutes (2000), is not apportionable

Burns v. Hilton Enterprises

853 So. 2d 1107, 2003 Fla. App. LEXIS 13295, 2003 WL 22056263

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 64824927

Published

con-*1108vineing evidence to the contrary. See § 440.13(9)(c), Fla. Stat. (Supp.1994). We recognize that

Thompson v. Awnclean USA, Inc.

849 So. 2d 1129, 2003 Fla. App. LEXIS 10850, 2003 WL 21663685

District Court of Appeal of Florida | Filed: Jul 17, 2003 | Docket: 64824041

Published

E/C paid, $700 for the IME.... [[Image here]] Section 440.13(5)(e) limits the medical testimony that is

Bryant v. Home Depot

845 So. 2d 292, 2003 Fla. App. LEXIS 7120, 2003 WL 21087123

District Court of Appeal of Florida | Filed: May 15, 2003 | Docket: 64822846

Published

excluded Dr. Bollo’s testimony pursuant to section 440.13(5)(e), Florida Statutes, because he was not

City of Hollywood v. Benoit

830 So. 2d 254, 2002 Fla. App. LEXIS 16899, 2002 WL 31520082

District Court of Appeal of Florida | Filed: Nov 14, 2002 | Docket: 64818973

Published

conducted a utilization review in accordance with section 440.13(6), Florida Statutes, and began disallowing

Dramis v. Palm Beach County School Bd.

829 So. 2d 346, 2002 WL 31431593

District Court of Appeal of Florida | Filed: Nov 1, 2002 | Docket: 1454398

Published

admissible in the proceeding before the JCC. See § 440.13(5)(e), Fla. Stat. (1999) ("No medical opinion

Rolle v. City of Riviera Beach/Gallagher Bassett Service

826 So. 2d 1075, 2002 Fla. App. LEXIS 14237, 2002 WL 31174388

District Court of Appeal of Florida | Filed: Oct 2, 2002 | Docket: 64817747

Published

force at the time of the industrial accident, see § 440.13(2)(a), Fla. Stat. (1987), an authorized physician’s

Amendments to the Florida Rules of Workers' Compensation Procedure

829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818760

Published

petition includes a claim for medical care under section 440.13(2)(a) and (b), Florida Statutes, the certificate

MIMI/Medpartners, Inc. v. Boestfleisch

822 So. 2d 512, 2002 Fla. App. LEXIS 8225, 2002 WL 1285469

District Court of Appeal of Florida | Filed: Jun 12, 2002 | Docket: 64816625

Published

of an emergency medical ad-visor pursuant to section 440.13(9)(c) made during or at the eve of trial. See

Burgess v. Wal-Mart Store 6020

789 So. 2d 1238, 2001 Fla. App. LEXIS 10378, 2001 WL 838200

District Court of Appeal of Florida | Filed: Jul 26, 2001 | Docket: 64806965

Published

Because the JCC erroneously limited the scope of section 440.13(2)(c), Florida Statutes, we reverse and remand

Salazar v. Adecco Employment Service/Constitution State Service Co.

789 So. 2d 517, 2001 Fla. App. LEXIS 9714, 2001 WL 789266

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 64806724

Published

departure from the essential requirements of law. Section 440.13(5), Florida Statutes (Supp.1998), addresses

Chism v. Hillsborough County School Board

788 So. 2d 418, 2001 Fla. App. LEXIS 9452, 2001 WL 761342

District Court of Appeal of Florida | Filed: Jul 9, 2001 | Docket: 64806418

Published

treatment was medically necessary as provided by Section 440.13(2), Florida Statutes (1995), we reverse and

Smurfit-Stone Container Corp. v. Taylor

786 So. 2d 1207, 2001 Fla. App. LEXIS 7575, 2001 WL 584343

District Court of Appeal of Florida | Filed: Jun 1, 2001 | Docket: 64805944

Published

statutory scheme, in any event. See generally § 440.13, Fla. Stat. (1997). . Section 440.25(4)(h) does

Scullin v. Gamlin Systems

780 So. 2d 972, 2001 Fla. App. LEXIS 2376, 2001 WL 209129

District Court of Appeal of Florida | Filed: Mar 5, 2001 | Docket: 64804417

Published

be awarded as ‘other apparatus’ pursuant to section 440.13(1) Fla. Stat. (1989).” (Emphasis added). This

Wuesthoff Memorial Hospital v. Schmitt

777 So. 2d 465, 2001 Fla. App. LEXIS 1759, 2001 WL 137368

District Court of Appeal of Florida | Filed: Feb 20, 2001 | Docket: 64803524

Published

determined by the judge of compensation claims. § 440.13(9)(c), Fla.Stat. (Supp.1994). See Walgreen Co

Tiznado v. Orlando Regional Healthcare System

773 So. 2d 584, 2000 Fla. App. LEXIS 15398, 2000 WL 1742049

District Court of Appeal of Florida | Filed: Nov 28, 2000 | Docket: 64802424

Published

the care should have been awarded pursuant to section 440.13(2)(a), Florida Statutes, upon the judge’s determination

City of Inverness v. Volmar

768 So. 2d 1253, 2000 Fla. App. LEXIS 13465, 2000 WL 1527909

District Court of Appeal of Florida | Filed: Oct 17, 2000 | Docket: 64800927

Published

appointment of an expert medical advisor. See § 440.13(9)(c), Fla. Stat. (1997). Because the testimony

Amendments to the Florida Rules of Workers' Compensation Procedure

795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988

Published

appointment of an expert medical advisor under section 440.13(9)(c), Florida Statutes. (i) Forms of Stipulations

State Attorney v. Johnson

770 So. 2d 187, 2000 Fla. App. LEXIS 12275, 2000 WL 1369874

District Court of Appeal of Florida | Filed: Sep 25, 2000 | Docket: 64801327

Published

unilateral transfer of medical care pursuant to section 440.13(2)(d), Florida Statutes. We conclude that the

Winter Haven Hospital v. Nevius

761 So. 2d 1250, 2000 Fla. App. LEXIS 8948, 2000 WL 966358

District Court of Appeal of Florida | Filed: Jul 14, 2000 | Docket: 64798556

Published

Aldrich, 659 So.2d 318 (Fla. 1st DCA 1994) (section 440.13, Florida Statutes, gives to the employer and

Walt Disney World Co. v. McCrea

754 So. 2d 196, 2000 Fla. App. LEXIS 4485, 2000 WL 380217

District Court of Appeal of Florida | Filed: Apr 17, 2000 | Docket: 64796165

Published

1998, and February 16, 1999, was precluded by section 440.13(2)(b)(2), Florida Stat*197utes (1997), which

Miami-Dade County v. Mitchell

754 So. 2d 773, 2000 Fla. App. LEXIS 2631, 2000 WL 266320

District Court of Appeal of Florida | Filed: Mar 13, 2000 | Docket: 64796299

Published

requirements of section 440.13(3)(a) and (4)(a), Florida Statutes (1995). (Section 440.13(2)(c) provides

University Pine Retirement v. Myers

752 So. 2d 1259, 2000 Fla. App. LEXIS 2623, 2000 WL 266345

District Court of Appeal of Florida | Filed: Mar 13, 2000 | Docket: 64795741

Published

that rehabilitation providers are included in section 440.13(4)(e), Florida Statutes, as among those authorized

Shea v. Durty Two, Inc.

738 So. 2d 510, 1999 Fla. App. LEXIS 11039, 1999 WL 618107

District Court of Appeal of Florida | Filed: Aug 17, 1999 | Docket: 64789791

Published

admissible in proceedings before the JCC. See § 440.13(5)(v), Fla. Stat. (1995). Nevertheless, in this

Capital Cities/ABC-TV N.Y. v. Wagner

742 So. 2d 347, 1999 Fla. App. LEXIS 10631, 1999 WL 594193

District Court of Appeal of Florida | Filed: Aug 10, 1999 | Docket: 64791369

Published

necessary, and payment was properly awarded under section 440.13(2)(c), Florida Statutes. This statute permits

Faulkner v. Asplundh Tree Expert Co.

739 So. 2d 154, 1999 Fla. App. LEXIS 10437, 1999 WL 560231

District Court of Appeal of Florida | Filed: Aug 3, 1999 | Docket: 64790154

Published

appointment of an expert medical advisor pursuant to section 440.13(9)(c), Florida Statutes, based on an alleged

Office Depot, Inc. v. Sweikata

737 So. 2d 1189, 1999 Fla. App. LEXIS 9519, 1999 WL 497876

District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 64789648

Published

The JCC excluded the deposition pursuant to section 440.13(5)(e), Florida Statutes (Supp.1994), which

Richardson v. Showell Farms

734 So. 2d 590, 1999 Fla. App. LEXIS 8277, 1999 WL 410324

District Court of Appeal of Florida | Filed: Jun 22, 1999 | Docket: 64788612

Published

employer/carrier (E/C). Under the JCC’s interpretation of section 440.13(5)(f), Florida Statutes (Supp.1994), a workers’

Thomas v. M.S. & S. Toyota, Inc.

732 So. 2d 25, 1999 Fla. App. LEXIS 5459, 1999 WL 247339

District Court of Appeal of Florida | Filed: Apr 28, 1999 | Docket: 64788082

Published

chiropractor treatments, it exercised its right under section 440.13(2)(a), Florida Statutes (Supp.1994), to stop

Wal-Mart Store 0649 v. Kirksey

728 So. 2d 268, 1999 Fla. App. LEXIS 816, 1999 WL 35543

District Court of Appeal of Florida | Filed: Jan 29, 1999 | Docket: 64786768

Published

Hurst, 696 So.2d 873 (Fla. 1st DCA 1997), under section 440.13(5)(e), Florida Statutes (1995), the medical

Service Painting/Amerisure Companies v. Goff

724 So. 2d 1262, 1999 Fla. App. LEXIS 812, 1999 WL 36300

District Court of Appeal of Florida | Filed: Jan 29, 1999 | Docket: 64785857

Published

appoint expert medical advisors pursuant to section 440.13(9), Florida Statutes. While *1263petitioners

Perez v. United Parcel Service

725 So. 2d 423, 1999 Fla. App. LEXIS 462, 1999 WL 22397

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 64785936

Published

not applying the legal standard contained in section 440.13(2)(a), Florida Statutes (1991), authorizing

McClung-Gagne v. HARBOUR CITY VOLUNTEER

721 So. 2d 799, 1998 Fla. App. LEXIS 15613, 1998 WL 852301

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1323373

Published

the broad term "other governmental entity" in section 440.13(d)(3) as providing workers' compensation coverage

McClung-Gagne v. HARBOUR CITY VOLUNTEER

721 So. 2d 799, 1998 Fla. App. LEXIS 15613, 1998 WL 852301

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1323373

Published

the broad term "other governmental entity" in section 440.13(d)(3) as providing workers' compensation coverage

Velasquez v. Malaja Construction, Inc.

720 So. 2d 302, 1998 Fla. App. LEXIS 14165, 1998 WL 777058

District Court of Appeal of Florida | Filed: Nov 10, 1998 | Docket: 64784112

Published

medical benefits, compensability, or disability.” § 440.13(5)(a), Fla. Stat. (1995). Because Mr. Velasquez

Delgado v. J.C. Concrete

721 So. 2d 353, 1998 Fla. App. LEXIS 13508, 1998 WL 736307

District Court of Appeal of Florida | Filed: Oct 23, 1998 | Docket: 64784516

Published

limited to, motions for protective orders,” section 440.13(5)(f), Florida Statutes (Supp.1994), implies

Liotta v. Publix Supermarket

718 So. 2d 935, 1998 Fla. App. LEXIS 12789, 1998 WL 704152

District Court of Appeal of Florida | Filed: Oct 12, 1998 | Docket: 64783421

Published

an expert medical advisor in accordance with section 440.13(9)(c), Florida Statutes (1997), because of

Holiday Inn v. Johnson

719 So. 2d 942, 1998 Fla. App. LEXIS 11942, 1998 WL 646537

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 64783815

Published

Gonzalez, which the employer denied. Under section 440.13(3), Florida Statutes (1991), the statute in

Beneficial Payroll Services, Inc. v. Tobon

714 So. 2d 668, 1998 Fla. App. LEXIS 9731, 1998 WL 432493

District Court of Appeal of Florida | Filed: Aug 3, 1998 | Docket: 64781887

Published

of a treating physician, as contemplated by section 440.13(2) and (3), Florida Statutes (1993). Cf. Orange

Mayo Clinic v. Tomblin

715 So. 2d 1016, 1998 Fla. App. LEXIS 8723, 1998 WL 399651

District Court of Appeal of Florida | Filed: Jul 20, 1998 | Docket: 64782133

Published

psychological treatment until December 4, 1995. See § 440.13(2)(d), Fla. Stat. (Supp.1990); see also Martin

Freshwater v. Baker

707 So. 2d 937, 1998 Fla. App. LEXIS 2682, 1998 WL 117517

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 64779721

Published

*939as Sun Bank recognized, “the evolution of section 440.13(3) in the context of the system established

Citrus World, Inc. v. Mullins

704 So. 2d 128, 1997 Fla. App. LEXIS 11573, 1997 WL 634088

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64778246

Published

of unauthorized physicians, in violation of section 440.13(5)(e), Florida Statutes (Supp.1994), we note

FCCI Mutual Insurance v. Schnupp

697 So. 2d 1234, 1997 Fla. App. LEXIS 7857, 1997 WL 386113

District Court of Appeal of Florida | Filed: Jul 11, 1997 | Docket: 64775364

Published

prostheses, and other medically necessary apparatus.” § 440.13(2)(a), Fla.Stat. (1991). Statutory amendments

Consultants & Designers v. Brown

697 So. 2d 1228, 1997 Fla. App. LEXIS 7254, 1997 WL 352893

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 64775361

Published

prescribes or refers her to a psychiatrist. See § 440.13(2)(a), Fla. Stat. (1991) (“[N]o health care provider

Consultants & Designers v. Brown

697 So. 2d 1228, 1997 Fla. App. LEXIS 7254, 1997 WL 352893

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 64775361

Published

prescribes or refers her to a psychiatrist. See § 440.13(2)(a), Fla. Stat. (1991) (“[N]o health care provider

Wuesthoff Memorial Hospital v. Schmitt

694 So. 2d 145, 1997 Fla. App. LEXIS 6184, 1997 WL 291486

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 64773889

Published

Compensation Claims (JCC) erroneously relied on section 440.13(3)(d), Florida Statutes (Supp.1994), because

ABC Liquors, Inc. v. Acree

695 So. 2d 813, 1997 Fla. App. LEXIS 5666, 1997 WL 274260

District Court of Appeal of Florida | Filed: May 27, 1997 | Docket: 64774311

Published

that attendant care is “medically necessary,” § 440.13(2)(b), Fla. Stat. (1995), see Smith v. DRW Realty

Compcare of Florida, Inc. v. Cason

693 So. 2d 127, 1997 Fla. App. LEXIS 4998, 1997 WL 240925

District Court of Appeal of Florida | Filed: May 13, 1997 | Docket: 64773345

Published

independent medical examination they seek, under section 440.13(5)(a), Florida Statutes (Supp.1994), which

Southern Bell Telephone, Inc. v. Cordell

693 So. 2d 1012, 1997 Fla. App. LEXIS 3974, 1997 WL 180167

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 64773765

Published

care assistance 12 hours per day. Pursuant to F.S. 440.13(2)(g)(2) (1991),1 Kenneth Cordell, as claimant’s

Vickers v. Unity of Lake Worth

693 So. 2d 62, 1997 Fla. App. LEXIS 3508, 1997 WL 162753

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 64773302

Published

on cross-appeal. Effective January 1, 1994, section 440.13(4)(c), Florida Statutes provides in part: (c)

Dynair Services, Inc. v. L'Herisson

690 So. 2d 659, 1997 Fla. App. LEXIS 2472, 1997 WL 119747

District Court of Appeal of Florida | Filed: Mar 19, 1997 | Docket: 64772169

Published

chiropractic care in excess of eighteen visits. Section 440.13(2)(a), Florida Statutes (Supp. 1994), requires

Orona v. Baucom's of Florida

689 So. 2d 431, 1997 Fla. App. LEXIS 2355, 22 Fla. L. Weekly Fed. D 668

District Court of Appeal of Florida | Filed: Mar 13, 1997 | Docket: 64771668

Published

independent medical examination (IME), pursuant to section 440.13(5)(a), Florida Statutes (Supp.1994). We affirm

Saddlebrook Resorts, Inc. v. Heath

686 So. 2d 667, 1996 Fla. App. LEXIS 12878, 1996 WL 710778

District Court of Appeal of Florida | Filed: Dec 12, 1996 | Docket: 64770408

Published

payment. *669Because the attendant care statute, section 440.13, Florida Statutes, has undergone substantial

Ago

Florida Attorney General Reports | Filed: Sep 30, 1996 | Docket: 3256820

Published

of the law.10 In carrying out this policy, section 440.13(4)(c), Florida Statutes, provides: Notwithstanding

Miller v. State, Department of Transportation

679 So. 2d 854, 1996 Fla. App. LEXIS 9723, 1996 WL 523188

District Court of Appeal of Florida | Filed: Sep 17, 1996 | Docket: 64767463

Published

payment of all bills from Dr. Vannucci. Under section 440.13(2), Florida Statutes, when a claimant requests

School Board of Manatee County v. Chrisman

678 So. 2d 498, 1996 Fla. App. LEXIS 8904, 1996 WL 476877

District Court of Appeal of Florida | Filed: Aug 23, 1996 | Docket: 64766749

Published

pending at the time of the final hearing. Because section 440.13(l)(m), Florida Statutes (Supp. 1994), does

In re Amendments to the Florida Rules of Workers' Compensation Procedure

674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

Statutes (1995), any claims for benefits under section 440.13(2)(a) and (b), Florida Statutes (1995), brought

Lemus v. Ocala Star Banner

672 So. 2d 76, 1996 Fla. App. LEXIS 3892, 21 Fla. L. Weekly Fed. D 945

District Court of Appeal of Florida | Filed: Apr 19, 1996 | Docket: 64764008

Published

minimum wage, pursuant to section 440.13(2)(h)l, Florida Statutes (1991). Section 440.13(2)(h) provides: The

Vickers v. Unity of Lake Worth

680 So. 2d 470, 1996 Fla. App. LEXIS 2322, 1996 WL 108424

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 64767847

Published

payment for any additional care be controlled by section 440.13(2)(e)l, Florida Statutes (1989), as that provision

Del Mar v. Schneider

682 So. 2d 146, 1996 Fla. App. LEXIS 288, 1996 WL 16568

District Court of Appeal of Florida | Filed: Jan 19, 1996 | Docket: 64768651

Published

necessary remedial care. The Appellants urge that section 440.13(5), Florida Statutes (Supp.1994) operates to

Anderson v. City of Leesburg

695 So. 2d 711, 1995 Fla. App. LEXIS 13017, 1995 WL 744936

District Court of Appeal of Florida | Filed: Dec 18, 1995 | Docket: 64774260

Published

DAVIS, JJ., and SMITH, Senior Judge, concur. Section 440.13(5)(d), Florida Statutes (Supp. 1994), is inapplicable

Winn Dixie Stores, Inc. v. Frank

665 So. 2d 271, 1995 Fla. App. LEXIS 12184, 1995 WL 686033

District Court of Appeal of Florida | Filed: Nov 21, 1995 | Docket: 64761030

Published

Ortiz, 606 So.2d 422 (Fla. 1st DCA 1992). Under section 440.13(2)(g), Florida Statutes (1993), the claimant

Merritt Manor Nursing Home v. Caldwell

667 So. 2d 265, 1995 Fla. App. LEXIS 9170, 1995 WL 511600

District Court of Appeal of Florida | Filed: Aug 31, 1995 | Docket: 64761934

Published

Kaplan’s testimony was inadmissible pursuant to section 440.13(5)(e), Florida Statutes (Supp.1994), because

Purcell v. Padgett

658 So. 2d 1237, 1995 Fla. App. LEXIS 8706, 1995 WL 488334

District Court of Appeal of Florida | Filed: Aug 17, 1995 | Docket: 64758185

Published

Judge of Compensation Claims (JCC) construing section 440.13(10), Florida Statutes (1994), as limiting his

Public Gas Co. v. Monette

658 So. 2d 673, 1995 Fla. App. LEXIS 8483, 1995 WL 469658

District Court of Appeal of Florida | Filed: Aug 10, 1995 | Docket: 64758063

Published

compensation claims (JCC) erroneously assumed that section 440.13(5), Florida Statutes (Supp.1994), which went

Gustafson's Dairy, Inc. v. Phillips

656 So. 2d 1386, 1995 Fla. App. LEXIS 7697, 1995 WL 421034

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 64757480

Published

13, 440.15, and 440.16.” (Emphasis added). Section 440.13 is the statutory provision for medical benefits

Bass v. Fertilizer

655 So. 2d 1225, 1995 Fla. App. LEXIS 5637, 1995 WL 313867

District Court of Appeal of Florida | Filed: May 25, 1995 | Docket: 64756681

Published

(Fla. 1st DCA 1983) (“it is not the purpose of § 440.13 to burden family members with medically required

Gonzalez v. Publix

654 So. 2d 634, 1995 Fla. App. LEXIS 4870, 1995 WL 258942

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 64756101

Published

based upon application of the amendments to section 440.13(5) enacted by chapter 93-415, Laws of Florida

Mehrer v. Creative Hairdressers, Inc.

659 So. 2d 333, 1995 Fla. App. LEXIS 3188, 1995 WL 132333

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 1462579

Published

injury or the process of recovery may require." § 440.13 (2)(a), Fla. Stat. (1991). "If the employer fails

Martin-Brower Co. v. Crews

648 So. 2d 853, 1995 Fla. App. LEXIS 195, 1995 WL 16831

District Court of Appeal of Florida | Filed: Jan 19, 1995 | Docket: 64753463

Published

designated “medical advisors,” pursuant to section 440.13(5)(e), Florida Statutes (Supp.1990), in cases

Redwing Owner Operators v. Cardenas

648 So. 2d 1205, 1995 Fla. App. LEXIS 80, 1995 WL 6408

District Court of Appeal of Florida | Filed: Jan 10, 1995 | Docket: 64753633

Published

This conclusion accords with decisions under Section 440.13, Florida Statutes, at the time the services

Dade County School Board v. Grier

648 So. 2d 805, 1994 Fla. App. LEXIS 12869, 1994 WL 716787

District Court of Appeal of Florida | Filed: Dec 29, 1994 | Docket: 64753443

Published

duties performed gratuitously by a family member. § 440.13(2)(g), Fla.Stat. (1991); Doctors Hospital v. Billings

Staff Management Systems v. Wilkes

659 So. 2d 324, 1994 Fla. App. LEXIS 12875, 1994 WL 716796

District Court of Appeal of Florida | Filed: Dec 29, 1994 | Docket: 64758311

Published

failing to make a finding, consistent with section 440.13(2)(d), Florida Statutes, as to whether the

Ben Franklin Crafts v. Geurtze

646 So. 2d 773, 1994 Fla. App. LEXIS 11132, 1994 WL 637295

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 64752749

Published

cath-eterization and angioplasty. We hold that under section 440.13(2)(a), Florida Statutes (1991), claimant was

Pan American Hospital v. Fleitas

645 So. 2d 1033, 1994 Fla. App. LEXIS 10465

District Court of Appeal of Florida | Filed: Oct 28, 1994 | Docket: 64752339

Published

and timely submitted as required by statute. See § 440.13(2)(d), Fla.Stat. (1991). Since these bills were

Tropicana Products, Inc. v. Gunther

643 So. 2d 698, 1994 Fla. App. LEXIS 9951, 1994 WL 561863

District Court of Appeal of Florida | Filed: Oct 17, 1994 | Docket: 64751432

Published

that would require payment by the E/C under section 440.13(2), Florida Statutes.” Id. at 127. Similarly

McLeod v. Air Technology

643 So. 2d 659, 1994 Fla. App. LEXIS 9564, 1994 WL 540645

District Court of Appeal of Florida | Filed: Oct 6, 1994 | Docket: 64751424

Published

excuse failure to obtain prior authorization); section 440.13(2), Fla.Stat. (Supp.1986).3 AFFIRMED in part

Holiday Inn v. Re

643 So. 2d 13, 1994 Fla. App. LEXIS 8656, 1994 WL 478670

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 64751213

Published

section 455.241(2), Florida Statutes, found in section 440.13(2)(f), which provides for the furnishing of

Ogden Allied Services v. Bryant

647 So. 2d 195, 1994 Fla. App. LEXIS 7063, 1994 WL 372929

District Court of Appeal of Florida | Filed: Jul 19, 1994 | Docket: 64752901

Published

parents were not ordinary household tasks. See § 440.13(2)(d), Fla.Stat. (1987); Walt Disney World v.

Imperial Electric, Inc. v. Reeves

647 So. 2d 199, 1994 Fla. App. LEXIS 7073, 1994 WL 372937

District Court of Appeal of Florida | Filed: Jul 19, 1994 | Docket: 64752902

Published

problems known or apparent to the E/C at the time. § 440.13(2)(b), Fla.Stat. (1989); see Reynolds v. Oakley

Kendall Associates v. Alvarez

638 So. 2d 198, 1994 Fla. App. LEXIS 5948, 1994 WL 267925

District Court of Appeal of Florida | Filed: Jun 20, 1994 | Docket: 64749116

Published

of the attendant care award on the basis of section 440.13(2)(e)2, Florida Statutes (1989), under which

Venice Nursing Pavilion v. Walchle

637 So. 2d 996, 1994 Fla. App. LEXIS 5420, 1994 WL 244418

District Court of Appeal of Florida | Filed: Jun 8, 1994 | Docket: 64748860

Published

properly and timely submitted as required by statute. § 440.13(1), Fla.Stat. (1979). However, we note that the

Crego v. Southland Corp.

638 So. 2d 572, 1994 Fla. App. LEXIS 5099, 1994 WL 231212

District Court of Appeal of Florida | Filed: Jun 1, 1994 | Docket: 64749196

Published

denied payment of the resulting hospital bills. Section 440.13(2)(a), Fla.Stat. (1990), provides that a health

Department of Labor & Employment Security, Division of Workers' Compensation v. Bradley

636 So. 2d 802, 1994 Fla. App. LEXIS 4048

District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 64748298

Published

(4) the proposed new rules amend or modify section 440.13, and. exceed the authority for rulemaking delegated

Soverel Harbour, Inc. v. Roberts

634 So. 2d 298, 1994 Fla. App. LEXIS 3046, 1994 WL 106230

District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 64747159

Published

are noncompensable. Walt Disney World, supra; § 440.13(2)(d), Fla. Stat. (1989); Doctors Hospital v.

Benson v. Okeechobee County Sheriff's Department

632 So. 2d 100, 1994 Fla. App. LEXIS 595, 1994 WL 30321

District Court of Appeal of Florida | Filed: Feb 7, 1994 | Docket: 64746445

Published

been properly deauthorized in compliance with section 440.13(2)(a), Florida Statutes (1987). We have held

Florida Mining & Materials v. Calderon

625 So. 2d 951, 1993 Fla. App. LEXIS 10658, 1993 WL 417561

District Court of Appeal of Florida | Filed: Oct 20, 1993 | Docket: 64743573

Published

the employer will be responsible for its cost. § 440.13(2)(d), Fla.Stat. (1991). See Bennett v. H & L

Live Oak Manor v. Miller

625 So. 2d 898, 1993 Fla. App. LEXIS 10337, 1993 WL 405170

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 64743566

Published

treatment is similarly supported by the record and section 440.13, Florida Statutes. However, the claimant concedes

Jones v. Petland Orlando S.

622 So. 2d 1114, 1993 WL 299509

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 1528967

Published

for the E/C immediately contended that under section 440.13(1)(c), Florida Statutes (1985), Rogaine is

Nathanson v. Department of Labor & Employment Security, Division of Workers' Compensation

620 So. 2d 1066, 1993 Fla. App. LEXIS 6557, 1993 WL 215584

District Court of Appeal of Florida | Filed: Jun 22, 1993 | Docket: 64697448

Published

to six claimants listed on an attachment. See § 440.13(4)(h) and (i), Florida Statutes (1991). The letter

Westinghouse Electric v. Widlan

623 So. 2d 511, 1993 Fla. App. LEXIS 4351, 1993 WL 116707

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 64698434

Published

1st DCA 1991), we reviewed the provisions of section 440.13, Florida Statutes (1991), in an appeal following

Reddick v. Charles W. Infinger Construction

617 So. 2d 723, 1993 Fla. App. LEXIS 2977, 1993 WL 72306

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 64695863

Published

We therefore adhere to our conclusion that section 440.13(2)(k), Florida Statutes (Supp.1990), does not

Torres v. Yoder Bros.

614 So. 2d 45, 1993 Fla. App. LEXIS 2494, 1993 WL 64498

District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 64694441

Published

over-utilization review procedures outlined in § 440.13(4)(d)l., and alternate medical care was offered

Orange County School Board v. Ebanks

608 So. 2d 578, 1992 Fla. App. LEXIS 12057, 17 Fla. L. Weekly Fed. D 2656

District Court of Appeal of Florida | Filed: Nov 24, 1992 | Docket: 64692079

Published

or neurosurgeon to perform the evaluation. Section 440.13(2)(a), Florida Statutes (1989), provides that

K-9 of Orlando v. Davenport

605 So. 2d 587, 1992 Fla. App. LEXIS 10352, 1992 WL 240603

District Court of Appeal of Florida | Filed: Sep 30, 1992 | Docket: 64670059

Published

not a “health care provider” as defined in Section 440.13(l)(b), Florida Statutes (1985), the JCC granted

Accurate Reporters v. Moore

605 So. 2d 585, 1992 Fla. App. LEXIS 10353, 1992 WL 240602

District Court of Appeal of Florida | Filed: Sep 30, 1992 | Docket: 64670058

Published

we affirm that provision in the order. See Section 440.13(l)(c), Florida Statutes (1987). Concerning

Jackson Manor Nursing Home v. Ortiz

606 So. 2d 422, 1992 Fla. App. LEXIS 9441

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 64670672

Published

medical need for attendant care as required by section 440.13(2)(a), Florida Statutes (Supp.1988). *423Section

Byrons v. Green

602 So. 2d 638, 1992 Fla. App. LEXIS 7627, 1992 WL 160197

District Court of Appeal of Florida | Filed: Jul 9, 1992 | Docket: 64668994

Published

weekly wage based on part-time employment. Section 440.13(2)(f), Florida Statutes (1990 Supp.), states

Langenfelder v. Regina

601 So. 2d 1279, 1992 Fla. App. LEXIS 7336, 1992 WL 150862

District Court of Appeal of Florida | Filed: Jul 2, 1992 | Docket: 64668790

Published

family members normally provide gratuitously. § 440.13(2)(d), Fla.Stat. (1987). See Sealy Mattress Co

Imprescia v. J.B. Sonnier Stables

600 So. 2d 539, 1992 Fla. App. LEXIS 6548, 1992 WL 131889

District Court of Appeal of Florida | Filed: Jun 17, 1992 | Docket: 64668015

Published

, 593 So.2d 1058, 1059 (Fla. 1st DCA1992). Section 440.13(3), Florida Statutes (1989), provides, in part:

Napp-Deady Associates v. Ramsey

599 So. 2d 228, 1992 Fla. App. LEXIS 5222, 1992 WL 102908

District Court of Appeal of Florida | Filed: May 18, 1992 | Docket: 64667539

Published

*229In Terners of Miami, this court ruled that section 440.13(2)(i)1., Florida Statutes (Supp.1990), is procedural

Amendments to Florida Rules of Workers' Compensation Procedure

603 So. 2d 425, 17 Fla. L. Weekly Supp. 296, 1992 Fla. LEXIS 1054, 1992 WL 99236

Supreme Court of Florida | Filed: May 14, 1992 | Docket: 64669263

Published

_ doctor:__ _ rating: 14. If benefits under section 440.13, Florida Statutes, (medicals) are determined

Clements v. Morrow's Nut House

598 So. 2d 279, 1992 Fla. App. LEXIS 5233, 1992 WL 98635

District Court of Appeal of Florida | Filed: May 13, 1992 | Docket: 64667146

Published

chiropractic care, however, is governed by Section 440.13(2)(a), Florida Statutes (1983), which provides

Sieracki v. Pizza Hut

599 So. 2d 678, 1992 Fla. App. LEXIS 5057, 1992 WL 88931

District Court of Appeal of Florida | Filed: May 5, 1992 | Docket: 64667720

Published

than her authorized treating physician. While Section 440.13, Florida Statutes, recognizes an employer /carrier’s

Fortune Insurance Co. v. Figueroa

597 So. 2d 435, 1992 Fla. App. LEXIS 4728

District Court of Appeal of Florida | Filed: Apr 28, 1992 | Docket: 64666785

Published

there is no PIP coverage for such bills because Section 440.13(4)(a), Florida Statutes (1989) insulates Figueroa

Fuentes v. Caribbean Electric

596 So. 2d 1228, 1992 Fla. App. LEXIS 4226, 1992 WL 74962

District Court of Appeal of Florida | Filed: Apr 10, 1992 | Docket: 64666637

Published

1st DCA 1988), this court held that: Under section 440.13(2)(a), Florida Statutes (1985), ... once an

Collura v. Multi Line Can Co.

598 So. 2d 1072, 1992 Fla. App. LEXIS 4254, 1992 WL 74961

District Court of Appeal of Florida | Filed: Apr 10, 1992 | Docket: 64667452

Published

reject the employer/carrier’s argument that Section 440.13(2)(e)2, Florida Statutes (1989),2 renders immaterial

Klug v. Popeye's

593 So. 2d 1228, 1992 Fla. App. LEXIS 1875, 1992 WL 37149

District Court of Appeal of Florida | Filed: Mar 2, 1992 | Docket: 64665405

Published

orthopedic treatment was reasonable and necessary. Section 440.13(2), Florida Statutes; Bennett v. H & L Builders

Tire v. Casteel

595 So. 2d 210, 1992 Fla. App. LEXIS 1854, 1992 WL 36304

District Court of Appeal of Florida | Filed: Feb 27, 1992 | Docket: 64665844

Published

E/C contend that the JCC should have applied section 440.13(2)(f), Florida Statutes (Supp.1990) to the

Special Disability Trust Fund v. Stephens

595 So. 2d 206, 1992 Fla. App. LEXIS 1857

District Court of Appeal of Florida | Filed: Feb 27, 1992 | Docket: 64665843

Published

care, and attendance pursuant to s. 440.13.” Section 440.13 required the employer to furnish remedial treatment

Scudder v. Rainbow Video

591 So. 2d 298, 1991 Fla. App. LEXIS 12714, 1991 WL 265078

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 64664234

Published

with — the deauthorization requirements of section 440.13(2)(a), Florida Statutes (1989). Third, the

Sink v. Bob Bell Roofing, Inc.

590 So. 2d 504, 1991 Fla. App. LEXIS 12207, 1991 WL 259461

District Court of Appeal of Florida | Filed: Dec 3, 1991 | Docket: 64663731

Published

benefits “at the minimum wage in accordance with F.S. 440.13(2)(e)” was erroneous. The 12-week period for

City of Plantation v. Seaman

590 So. 2d 1, 1991 Fla. App. LEXIS 10014, 1991 WL 204615

District Court of Appeal of Florida | Filed: Oct 10, 1991 | Docket: 64663475

Published

with the billing and reporting requirements of section 440.13, Florida Statutes (1988), in the pre-trial

Dementry v. Danis Shook Construction Co.

587 So. 2d 611, 1991 Fla. App. LEXIS 10011, 1991 WL 204619

District Court of Appeal of Florida | Filed: Oct 10, 1991 | Docket: 64662302

Published

benefits at the federal minimum wage was in error. Section 440.13(2)(g), Florida Statutes, states: The value

City of North Miami v. Towers

584 So. 2d 38, 1991 Fla. App. LEXIS 6564, 1991 WL 119678

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 64660807

Published

charged by the health care agency pursuant to Section 440.13(2)(e)2, Florida Statutes (1989). However, the

Winn Dixie Stores, Inc. v. King

579 So. 2d 313, 1991 Fla. App. LEXIS 4391, 1991 WL 75620

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 64658630

Published

claimant is not entitled to benefits under Section 440.13(2)(e)2., Florida Statutes (Supp.1988). The

Smith v. DRW Realty Services

578 So. 2d 507, 1991 Fla. App. LEXIS 3842, 1991 WL 65350

District Court of Appeal of Florida | Filed: Apr 29, 1991 | Docket: 64658284

Published

long-distance telephone calls made to his doctor. See § 440.13(2)(a), F.S. (1989). Affirmed in part, reversed

Foster Wheeler Energy Corp. v. Faircloth

577 So. 2d 1382, 1991 Fla. App. LEXIS 3530, 1991 WL 46825

District Court of Appeal of Florida | Filed: Apr 9, 1991 | Docket: 64658043

Published

up to October 1, 1988, the effective date of Section 440.13(2)(e)l, Florida Statutes (Supp. 1988). Thereafter

Florida Refreshment & General Adjustment Bureau v. Whaley

577 So. 2d 1368, 1991 Fla. App. LEXIS 3173, 1991 WL 46831

District Court of Appeal of Florida | Filed: Apr 8, 1991 | Docket: 64658042

Published

is limited to the federal minimum wage under section 440.13(2)(e)(l), Florida Statutes (1988). We disagree

Kenney v. Juno Fire Control District 3

576 So. 2d 905, 1991 Fla. App. LEXIS 2731, 1991 WL 39310

District Court of Appeal of Florida | Filed: Mar 26, 1991 | Docket: 64657466

Published

was experimental in nature as contemplated by section 440.13(l)(c), Florida Statutes (1989). Specifically

Sarasota County School Board v. Castagna

577 So. 2d 635, 1991 Fla. App. LEXIS 2751, 1991 WL 39315

District Court of Appeal of Florida | Filed: Mar 26, 1991 | Docket: 64657891

Published

reimbursement for any amounts personally expended. § 440.13(2)(b), Fla.Stat. Therefore, the finding of compensability

Broomhall v. Mario's Restaurant

576 So. 2d 769, 1991 Fla. App. LEXIS 1720, 1991 WL 27212

District Court of Appeal of Florida | Filed: Feb 26, 1991 | Docket: 64657430

Published

appeal ensued. On appeal appellant argues that section 440.13, Florida Statutes (198.7) controls the outcome

Lerman v. Broward County Board of County Commissioners

574 So. 2d 229, 1991 Fla. App. LEXIS 480, 1991 WL 7107

District Court of Appeal of Florida | Filed: Jan 25, 1991 | Docket: 64656313

Published

of psychiatric or psychological counseling. Section 440.13, Florida Statutes, provides that an employee

Simon v. Developmental Preschool

572 So. 2d 538, 1990 Fla. App. LEXIS 9472, 1990 WL 205392

District Court of Appeal of Florida | Filed: Dec 11, 1990 | Docket: 64655663

Published

ten-day billing and reporting requirements of section 440.13, Florida Statutes. The employer/carrier (E/C)

Alcoma Packing Co. v. Jones

571 So. 2d 73, 1990 Fla. App. LEXIS 9466, 1990 WL 205422

District Court of Appeal of Florida | Filed: Dec 11, 1990 | Docket: 64654963

Published

employer and carrier met their obligation under section 440.13(2) to provide claimant with the treatment when

Montero v. Dept. of Transportation

570 So. 2d 1015, 1990 Fla. App. LEXIS 8077, 1990 WL 157752

District Court of Appeal of Florida | Filed: Oct 22, 1990 | Docket: 64654781

Published

attendance is not in the employee’s best interest. § 440.13(3), Pla.Stat. (1983). In the instant case, the

Ago

Florida Attorney General Reports | Filed: Oct 22, 1990 | Docket: 3257355

Published

certain medical records are confidential. Section 440.13(2)(e), F.S., as amended by s. 18, Ch. 90-201

Milmar Roofing Co. v. Jones

566 So. 2d 25, 1990 Fla. App. LEXIS 6221, 1990 WL 115514

District Court of Appeal of Florida | Filed: Aug 13, 1990 | Docket: 64652645

Published

this jurisdiction, and within the language of section 440.13, (1) and (2), Florida Statutes, providing for

Lowry v. Jim Bassitts Auto

566 So. 2d 303, 1990 Fla. App. LEXIS 5994, 1990 WL 115532

District Court of Appeal of Florida | Filed: Aug 8, 1990 | Docket: 64652707

Published

injury or the process of recovery may require. § 440.13(2)(a), Pla.Stat. (1987). If the employer fails

C & J Delivery v. Garcia

560 So. 2d 1292, 1990 Fla. App. LEXIS 2932, 1990 WL 52792

District Court of Appeal of Florida | Filed: Apr 25, 1990 | Docket: 64650356

Published

attendant care benefits. According to the court: Section 440.13(2)(a), Florida Statutes, directs the employer

McGehee v. Broward Community College

559 So. 2d 368, 1990 Fla. App. LEXIS 2324, 1990 WL 39908

District Court of Appeal of Florida | Filed: Apr 5, 1990 | Docket: 64649516

Published

Dr. Corwin’s bills may be awarda-ble under section 440.13(2)(a), Florida Statutes, if the doctor provided

Greene v. Maharaja of India, Inc.

558 So. 2d 461, 1990 Fla. App. LEXIS 1575, 1990 WL 25953

District Court of Appeal of Florida | Filed: Mar 7, 1990 | Docket: 64648852

Published

Dunedin, 513 So.2d 200 (Fla. 1st DCA 1987) (Section 440.-13, Florida Statutes, requires the E/C to provide

Pulido v. Sugar Cane Growers Cooperative

556 So. 2d 543, 1990 Fla. App. LEXIS 924, 1990 WL 13522

District Court of Appeal of Florida | Filed: Feb 15, 1990 | Docket: 64648022

Published

Judge. Appellant sought payment pursuant to Section 440.13(2)(b), Florida Statutes (1987), for medical

Pic N' Save v. Singleton

551 So. 2d 1244, 14 Fla. L. Weekly 2510, 1989 Fla. App. LEXIS 6028, 1989 WL 128067

District Court of Appeal of Florida | Filed: Oct 25, 1989 | Docket: 64646120

Published

Schiebel, 414 So.2d 602 (Fla. 1st DCA 1982), and section 440.13(2)(b), Florida Statutes, specifies that the

Ago

Florida Attorney General Reports | Filed: Jun 30, 1989 | Docket: 3258436

Published

and "[e]mployment" for purposes of the act. 4 Section 440.13(1)(b), F.S. (1988 Supp.). 5 When two statutes

Heath & Co. v. Greifzu

545 So. 2d 959, 14 Fla. L. Weekly 1571, 1989 Fla. App. LEXIS 3704, 1989 WL 72740

District Court of Appeal of Florida | Filed: Jun 28, 1989 | Docket: 64643444

Published

evaluation and treatment of claimant as required by section 440.13, Florida Statutes. A health care provider may

Irigoyen v. Aircraft Services, Inc.

544 So. 2d 1054, 14 Fla. L. Weekly 1295, 1989 Fla. App. LEXIS 3053, 1989 WL 57857

District Court of Appeal of Florida | Filed: May 26, 1989 | Docket: 64643129

Published

of claimant’s desire for chiropractic care. Section 440.13(2)(b), Fla.Stat. (1987). Dr. Horowitz’s treatment

Gephart v. Silver Springs Shores Golf & Country Club

545 So. 2d 330, 14 Fla. L. Weekly 1170, 1989 Fla. App. LEXIS 2606, 1989 WL 49612

District Court of Appeal of Florida | Filed: May 12, 1989 | Docket: 64643258

Published

unmistakable, this should not have ended the inquiry. Section 440.-13(2)(b), Florida Statutes (1987), provides: If

Inn Service Corp. v. Diaz-Aller

536 So. 2d 307, 13 Fla. L. Weekly 2738, 1988 Fla. App. LEXIS 5590, 1988 WL 133935

District Court of Appeal of Florida | Filed: Dec 16, 1988 | Docket: 64639492

Published

2d 993 (Fla. 1st DCA 1987). As required by section 440.13(2)(b), Fla.Stat. (1985), following her initial

Deriso v. Great Western Meats

534 So. 2d 748, 13 Fla. L. Weekly 2490, 1988 Fla. App. LEXIS 4845, 1988 WL 117183

District Court of Appeal of Florida | Filed: Nov 7, 1988 | Docket: 64638889

Published

did not send medical reports as required by Section 440.13(2)(b), Florida Statutes (1987). It is unclear

Thomas v. Commercial Carrier Corp.

529 So. 2d 758, 13 Fla. L. Weekly 1634, 1988 Fla. App. LEXIS 3056, 1988 WL 72182

District Court of Appeal of Florida | Filed: Jul 14, 1988 | Docket: 64636378

Published

provide treatment, claimant was authorized, under section 440.13(2)(b), Florida Statutes, to seek treatment

City of Fort Lauderdale v. Kennedy

532 So. 2d 96

District Court of Appeal of Florida | Filed: Jul 13, 1988 | Docket: 64637491

Published

by the deputy commissioner at a later time. Section 440.13(2)(b), Florida Statutes; Fuchs Baking Company

May v. Broward Correctional Institution

513 So. 2d 723, 12 Fla. L. Weekly 2291, 1987 Fla. App. LEXIS 10430

District Court of Appeal of Florida | Filed: Sep 23, 1987 | Docket: 64629946

Published

supplies which the employer must provide under section 440.-13(2), including professional or nonprofessional

Dixie Transport, Inc. v. Kellom

507 So. 2d 757, 12 Fla. L. Weekly 1314, 1987 Fla. App. LEXIS 8355

District Court of Appeal of Florida | Filed: May 21, 1987 | Docket: 64627371

Published

in Dale held that the claim was barred under Section 440.13(3)(b) [now Section 440.19(2)(b), Florida Statutes

Newport Trucking v. Gonzalez

497 So. 2d 690, 11 Fla. L. Weekly 2302, 1986 Fla. App. LEXIS 10379

District Court of Appeal of Florida | Filed: Oct 30, 1986 | Docket: 64622997

Published

the ten-day filing requirement contained in Section 440.13, Florida Statutes (1983). The deputy commissioner

Spinelli v. Florida Department of Commerce

490 So. 2d 1294, 11 Fla. L. Weekly 1393, 1986 Fla. App. LEXIS 8457

District Court of Appeal of Florida | Filed: Jun 20, 1986 | Docket: 64620416

Published

also did not file any reports as required by section 440.13, Florida Statutes. Nevertheless, some of the

Senna v. Cargill, Inc.

489 So. 2d 192, 11 Fla. L. Weekly 1234, 1986 Fla. App. LEXIS 8087

District Court of Appeal of Florida | Filed: May 30, 1986 | Docket: 64619713

Published

application of the ten-day filing requirement of Section 440.-13(2)(b), Florida Statutes (1983). We reverse

Guardian Detective & Security Agency v. Schreyer

489 So. 2d 1186, 11 Fla. L. Weekly 1236, 1986 Fla. App. LEXIS 8088

District Court of Appeal of Florida | Filed: May 30, 1986 | Docket: 64620067

Published

responsibility of the reporting requirements of section 440.13(1), Florida Statutes (1981). Broward Industrial

Wynn v. Hogan Baptist Church

483 So. 2d 551, 11 Fla. L. Weekly 478, 1986 Fla. App. LEXIS 6524

District Court of Appeal of Florida | Filed: Feb 21, 1986 | Docket: 64617490

Published

submit the report of treatment required by Section 440.13(2)(b), Florida Statutes (1983). The deputy

Newham v. Union Correctional Institute

485 So. 2d 3, 11 Fla. L. Weekly 451, 1986 Fla. App. LEXIS 6421

District Court of Appeal of Florida | Filed: Feb 18, 1986 | Docket: 64618045

Published

Hospital at Chattahoochee, are compensable under Section 440.13, Florida Statutes (1979). We affirm the deputy’s

Flagship National Bank of Broward County v. Hinkle

479 So. 2d 828, 10 Fla. L. Weekly 2760, 1985 Fla. App. LEXIS 17297

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 64616058

Published

employee. Medical benefits are provided for in section 440.13. Section 440.-15(5)(a) reads: The fact that

E.M. Scott Contractors v. Baker

479 So. 2d 292, 10 Fla. L. Weekly 2713, 1985 Fla. App. LEXIS 17257

District Court of Appeal of Florida | Filed: Dec 10, 1985 | Docket: 64615903

Published

” Notwithstanding the deputy’s authority under § 440.13(3) to order a change in medical attention “for

Publix Supermarkets, Inc. v. Simpson

478 So. 2d 844, 10 Fla. L. Weekly 2472, 1985 Fla. App. LEXIS 16605

District Court of Appeal of Florida | Filed: Nov 5, 1985 | Docket: 64615602

Published

Herskowitz were not properly filed, as required by Section 440.13(1), Florida Statutes. While the deputy can

Dump All, Inc. v. Grossman

475 So. 2d 976, 10 Fla. L. Weekly 2149, 1985 Fla. App. LEXIS 15855

District Court of Appeal of Florida | Filed: Sep 17, 1985 | Docket: 64614323

Published

filed a petition for modification pursuant to Section 440.13(2)(a), Florida Statutes (1981), alleging that

Chemco Electric Supply, Inc. v. Gonzalez

475 So. 2d 724, 10 Fla. L. Weekly 2090, 1985 Fla. App. LEXIS 15720

District Court of Appeal of Florida | Filed: Sep 10, 1985 | Docket: 64614229

Published

choose a treating physician as required by Section 440.13, Florida Statutes. In the case before us, neither

Hughes v. Chloride, Inc.

474 So. 2d 1262, 10 Fla. L. Weekly 2083, 1985 Fla. App. LEXIS 15704

District Court of Appeal of Florida | Filed: Sep 5, 1985 | Docket: 64613924

Published

Giulio was not “reasonable and necessary,” Section 440.-13(2)(a), Florida Statutes (1983), was supported

Perez v. Pennsuco Cement & Aggregates

474 So. 2d 293, 10 Fla. L. Weekly 1704, 1985 Fla. App. LEXIS 15445

District Court of Appeal of Florida | Filed: Jul 10, 1985 | Docket: 64613680

Published

facilitator have been provided by Mrs. Perez. Section 440.13, Florida Statutes (1971), states that the employer

Smith v. Walt Disney World Co.

471 So. 2d 637, 10 Fla. L. Weekly 1564, 1985 Fla. App. LEXIS 14797

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 64612747

Published

held on the April claim, claimant argued that section 440.13(2)(a), Florida Statutes (1983), requires the

Department of Health & Rehabilitation, Division of Risk Management v. Lucas

466 So. 2d 1269, 10 Fla. L. Weekly 972, 1985 Fla. App. LEXIS 13454

District Court of Appeal of Florida | Filed: Apr 15, 1985 | Docket: 64611202

Published

in accordance with the medical fee schedule. § 440.-13(3)(a), Florida Statutes (1981); Mt. Sinai Medical

Turnberry Isle Country Club v. Reyes

469 So. 2d 787, 10 Fla. L. Weekly 784, 1985 Fla. App. LEXIS 13171

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 64612213

Published

claimant failed to comply with the provisions of Section 440.13(1), Florida Statutes (1981). Claimant concedes

Thomas v. U Haul of West Coast Florida

467 So. 2d 719, 10 Fla. L. Weekly 783, 1985 Fla. App. LEXIS 13168

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 64611473

Published

industrial accident of September 26, 1979. Section 440.13(1), Florida Statutes, requires an employer

Ulmer v. Jon David Coiffures

458 So. 2d 1218

District Court of Appeal of Florida | Filed: Nov 16, 1984 | Docket: 64608188

Published

available as a medical benefit provided for by § 440.13(1), Florida Statutes (1981), which provides in

Frito Lay Inc. v. Anderson

453 So. 2d 135, 1984 Fla. App. LEXIS 14270

District Court of Appeal of Florida | Filed: Jul 12, 1984 | Docket: 64606023

Published

treatment offered by the employer/carrier. See section 440.13(2), Florida Statutes (1981) (providing, in

Carter v. American Finnish Nursing Home

450 So. 2d 1262, 1984 Fla. App. LEXIS 13548

District Court of Appeal of Florida | Filed: Jun 13, 1984 | Docket: 64605267

Published

submitted. We find no error in this order. Section 440.13(1), Florida Statutes, requires that within

Aircraft Services, Inc. v. Bradley

448 So. 2d 1045, 1984 Fla. App. LEXIS 11669

District Court of Appeal of Florida | Filed: Feb 9, 1984 | Docket: 64604288

Published

failed to file reports with the E/C as required by § 440.13(1), Fla.Stat. The deputy made no finding, and

General Electric Co. v. Shepard

440 So. 2d 462, 1983 Fla. App. LEXIS 23560

District Court of Appeal of Florida | Filed: Nov 3, 1983 | Docket: 64600589

Published

mailed to the incorrect address.” The bar of section 440.13(3)(b), Fla.Stat. (1975) applies notwithstanding

Orange County Board of County Commissioners v. Davis

440 So. 2d 462, 1983 Fla. App. LEXIS 23561

District Court of Appeal of Florida | Filed: Nov 3, 1983 | Docket: 64600590

Published

is therefore susceptible of a finding that section 440.13 lapsed in its self-executing purpose because

C & N Service Corp. v. Garzia

439 So. 2d 1016, 1983 Fla. App. LEXIS 23552

District Court of Appeal of Florida | Filed: Oct 31, 1983 | Docket: 64600319

Published

competent evidence and proper in law. See section 440.-13, Florida Statutes (1977), Di Giorgio Fruit

Westinghouse Electric Corp. v. Dale

439 So. 2d 989, 1983 Fla. App. LEXIS 22738

District Court of Appeal of Florida | Filed: Oct 26, 1983 | Docket: 64600301

Published

accident. The applicable statute of limitations, section 440.13(3)(b), Florida Statutes (1975), which is substantially

Crown Hotel v. Friedman

438 So. 2d 993, 1983 Fla. App. LEXIS 22499

District Court of Appeal of Florida | Filed: Oct 11, 1983 | Docket: 64600032

Published

the nonfil-ing of medical reports required by section 440.13(1), Florida Statutes. The deputy’s articulated

Keller Building Products v. Townsend

438 So. 2d 188, 1983 Fla. App. LEXIS 21812

District Court of Appeal of Florida | Filed: Sep 26, 1983 | Docket: 64599773

Published

medical bills were submitted as required by Section 440.13(1), Florida Statutes, and, if not, whether

Wendy's of Brevard v. Stickney

436 So. 2d 346, 1983 Fla. App. LEXIS 20126

District Court of Appeal of Florida | Filed: Aug 12, 1983 | Docket: 64599090

Published

“reasonable and necessary” medical care on her own. Section 440.13(1), Florida Statutes (1981). The deputy approved

Dairies v. LaRose

434 So. 2d 17, 1983 Fla. App. LEXIS 20861

District Court of Appeal of Florida | Filed: Jun 30, 1983 | Docket: 64598096

Published

whether claimant is entitled to an award under Section 440.-13(1), Florida Statutes (1981) for services rendered

Reason v. Motorola, Inc.

432 So. 2d 644, 1983 Fla. App. LEXIS 19537

District Court of Appeal of Florida | Filed: Jun 1, 1983 | Docket: 64597404

Published

attendant or nursing type care within the purview of § 440.13, Fla.Stat. The claim for attendant and nursing

Florida Sod Co. v. Myers

432 So. 2d 645, 1983 Fla. App. LEXIS 19538

District Court of Appeal of Florida | Filed: Jun 1, 1983 | Docket: 64597405

Published

timely reports of their treatment as required by section 440.13(1), Florida Statutes (1979). The dep*646uty’s

Royals v. Owens

423 So. 2d 476, 1982 Fla. App. LEXIS 21769

District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 64593948

Published

in the Palm Beach County area as required by Section 440.13, Florida Statutes. Furthermore, the issues

Mcdonald's v. Weiler

423 So. 2d 978, 1982 Fla. App. LEXIS 21776

District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 64594088

Published

non-compliance with the reporting requirements of section 440.13(1), Florida Statutes (1981) existed. Otherwise

Coca-Cola Co.—Foods Division v. Long

420 So. 2d 900, 1982 Fla. App. LEXIS 21432

District Court of Appeal of Florida | Filed: Oct 19, 1982 | Docket: 64592724

Published

barred because claimant did not comply with Section 440.13(1), Florida Statutes (1973), is without merit

J.C. Penney Co. v. Levine

420 So. 2d 416, 1982 Fla. App. LEXIS 21374

District Court of Appeal of Florida | Filed: Oct 14, 1982 | Docket: 64592554

Published

Summerset, 409 So.2d 185 (Fla. 1st DCA 1982); Section 440.13(1), F.S. However, where it is clear from the

Ramada Inn v. Gates

418 So. 2d 1160, 1982 Fla. App. LEXIS 21029

District Court of Appeal of Florida | Filed: Aug 31, 1982 | Docket: 64591932

Published

without following the procedures set forth in Section 440.13(2), Florida Statutes (1979), or seeking alternative

Gulf & Western Food Products v. Campbell

417 So. 2d 1168, 1982 Fla. App. LEXIS 20885

District Court of Appeal of Florida | Filed: Aug 16, 1982 | Docket: 64591672

Published

with medical care in a manner consistent with Section 440.13,” Florida Statutes. The applicable portion

Heller Bros. v. Avans

414 So. 2d 1191, 1982 Fla. App. LEXIS 20286

District Court of Appeal of Florida | Filed: Jun 11, 1982 | Docket: 64590449

Published

reasonably required by the nature of his injury. Section 440.-13(1), Florida Statutes; Bryant v. Elberta Crate

University of Florida v. Opel

415 So. 2d 52, 1982 Fla. App. LEXIS 20094

District Court of Appeal of Florida | Filed: May 21, 1982 | Docket: 64590530

Published

medical reports as required by Florida Statutes, Section 440.13(1). See Broward Industrial Plating, Inc. v

State, Hendry County Correctional Institute, Division of Risk Management v. Hughes

412 So. 2d 922, 1982 Fla. App. LEXIS 19764

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 64589345

Published

available and suitable in the individual case.” Section 440.-13(4), Florida Statutes (1977). The statute does

Thatcher Glass Manufacturing Co. v. Buyna

411 So. 2d 1029, 1982 Fla. App. LEXIS 19583

District Court of Appeal of Florida | Filed: Apr 1, 1982 | Docket: 64588898

Published

matter of medical need under the standards of § 440.13, Fla.Stat., for the ten-year period in question

Iacobelli Contracting, Inc. v. Griffin

409 So. 2d 1206, 1982 Fla. App. LEXIS 19241

District Court of Appeal of Florida | Filed: Feb 18, 1982 | Docket: 64588000

Published

issue, and the pretrial stipulation referred to § 440.13 only generally in connection with controverted

Joy Footwear Corp. v. Folgueral

409 So. 2d 188, 1982 Fla. App. LEXIS 19132

District Court of Appeal of Florida | Filed: Feb 2, 1982 | Docket: 64587485

Published

not comply with the reporting requirements of Section 440.13(1), Florida Statutes (Supp.1980). I would reverse

Arkin Building Corp. v. Miller

401 So. 2d 874, 1981 Fla. App. LEXIS 20581

District Court of Appeal of Florida | Filed: Jul 21, 1981 | Docket: 64584150

Published

not comply with the reporting requirements of Section 440.13, Florida Statutes, and the record does not

Purex Corp. v. Fay

400 So. 2d 1021, 1981 Fla. App. LEXIS 20268

District Court of Appeal of Florida | Filed: Jun 26, 1981 | Docket: 64583821

Published

Corp. v. Pittman, 49 So.2d 200 (Fla.1950); Section 440.13, Florida Statutes (1977). The claimant in the

Albertini v. McDonald's

400 So. 2d 160, 1981 Fla. App. LEXIS 20283

District Court of Appeal of Florida | Filed: Jun 23, 1981 | Docket: 64583426

Published

medical treatment is covered by Florida Statutes, Section 440.13, which, with certain exceptions, requires that

Commercial Carrier Corp. v. Fox

400 So. 2d 154, 1981 Fla. App. LEXIS 20151

District Court of Appeal of Florida | Filed: Jun 19, 1981 | Docket: 64583424

Published

Although the reports were untimely filed under Section 440.13(1), Florida Statutes (1977), since 29 days

Scherer & Sons, Inc. v. Hoepelman

397 So. 2d 760, 1981 Fla. App. LEXIS 19677

District Court of Appeal of Florida | Filed: Apr 30, 1981 | Docket: 64582205

Published

because there was a failure of compliance with Section 440.13(1), Florida Statutes (1977), and no showing

Lake Highland Nursing Home v. Everett

397 So. 2d 380, 1981 Fla. App. LEXIS 19264

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 64582120

Published

erroneously overlooks the time limitations of Section 440.-13(3)(b), Florida Statutes (1977) in its award

Orlando Regional Medical Center v. Johnson

394 So. 2d 207, 1981 Fla. App. LEXIS 19518

District Court of Appeal of Florida | Filed: Feb 23, 1981 | Docket: 64580476

Published

employer in authorizing medical attendance under Section 440.13, Florida Statutes. The instruction which the

Hall's Camp, Inc. v. Decker

394 So. 2d 1041, 1981 Fla. App. LEXIS 19585

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 64580807

Published

the prescribed workers’ compensation forms, Section 440.-13(1), Florida Statutes (1973) provides the deputy

Rubber Products of Tampa v. Henderson

391 So. 2d 728, 1980 Fla. App. LEXIS 18272

District Court of Appeal of Florida | Filed: Dec 19, 1980 | Docket: 64579374

Published

counsel within five days prior to the hearing (Section 440.13, Florida Statutes). We agree, however, with

Olson v. Wagner

390 So. 2d 1247, 1980 Fla. App. LEXIS 18199

District Court of Appeal of Florida | Filed: Dec 16, 1980 | Docket: 64579127

Published

rarely deal with workmen’s compensation matters”. § 440.13, Fla.Stat. (1977). There is no evidence that the

Western Liquors Corp. v. Studer

391 So. 2d 250, 1980 Fla. App. LEXIS 18220

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 64579226

Published

overcomes or waives the limitations period found in Section 440.13(3)(b), Florida Statutes (1975) (current version

Paradise Inn v. Hegedus

389 So. 2d 342, 1980 Fla. App. LEXIS 17863

District Court of Appeal of Florida | Filed: Oct 27, 1980 | Docket: 64578468

Published

Hernandez, IRC Order 2-3071 (November 22,1976). Section 440.13(1), Florida Statutes (1975), requires the employer

Suez Motel v. Brouwer

388 So. 2d 627, 1980 Fla. App. LEXIS 17691

District Court of Appeal of Florida | Filed: Sep 25, 1980 | Docket: 64578266

Published

the bills of the unauthorized doctors. However, § 440.13, Florida Statutes, sets forth the procedures for

Cornelius & Sons, Inc. v. McGrew

387 So. 2d 508, 1980 Fla. App. LEXIS 17545

District Court of Appeal of Florida | Filed: Aug 28, 1980 | Docket: 64577900

Published

performance of this service in the amount of $1,900. Section 440.13, Florida Statutes (1975), provides that an

Department of Transportation v. Allen

384 So. 2d 240, 1980 Fla. App. LEXIS 16873

District Court of Appeal of Florida | Filed: Jun 2, 1980 | Docket: 64576463

Published

request for treatment by Dr. Stiefel, and under Section 440.13(1), Florida Statutes, the employer-carrier

Goodyear Service Store v. Rockey

382 So. 2d 816, 1980 Fla. App. LEXIS 16549

District Court of Appeal of Florida | Filed: Apr 14, 1980 | Docket: 64575662

Published

Order merely requires appellant to comply with Section 440.13(1), F.S. The statutory obligation to furnish

Deconna Ice Cream Co. v. Desourdy

382 So. 2d 138, 1980 Fla. App. LEXIS 23704

District Court of Appeal of Florida | Filed: Apr 8, 1980 | Docket: 64575476

Published

timely reports to the employer and carrier. Section 440.-13(1), Florida Statutes (1979). The order is also

Manatee Memorial Hospital v. Love

382 So. 2d 751, 1980 Fla. App. LEXIS 16528

District Court of Appeal of Florida | Filed: Mar 31, 1980 | Docket: 64575628

Published

medical care against the employer and carrier. Section 440.13, Florida Statutes (79). The award is REVERSED

Planning Research Co. v. Shy

379 So. 2d 1047, 1980 Fla. App. LEXIS 15947

District Court of Appeal of Florida | Filed: Feb 20, 1980 | Docket: 64574301

Published

clinic constitutes remedial treatment pursuant to § 440.13(1), Florida Statutes. We hold that it does. Cf

Beasley & Son, Inc. v. Norris

379 So. 2d 1316, 1980 Fla. App. LEXIS 23699

District Court of Appeal of Florida | Filed: Feb 14, 1980 | Docket: 64574423

Published

nature of the injury or the process of recovery, § 440.13, Florida Statutes (1977). Nor is there competent

Monex Corp. v. Mercado

379 So. 2d 439

District Court of Appeal of Florida | Filed: Feb 5, 1980 | Docket: 1681275

Published

however, failed to comport with the limitations of § 440.13(3)(b), Florida Statutes (1975), and is amended

Spivey v. Battaglia Fruit Co.

287 So. 2d 302, 1973 Fla. LEXIS 4064

Supreme Court of Florida | Filed: Dec 5, 1973 | Docket: 64536295

Published

limitations involving remedial treatment, Fla.Stat. § 440.13(3) (b), F.S.A., has expired. At the hearing, both

Miller v. Tribune Co.

275 So. 2d 242, 1973 Fla. LEXIS 4666

Supreme Court of Florida | Filed: Mar 28, 1973 | Docket: 64531170

Published

employer furnish medical treatment as provided by § 440.13(1), Florida Statutes, F.S.A. His request was granted

Dean v. McLeod

270 So. 2d 726, 1972 Fla. LEXIS 3179

Supreme Court of Florida | Filed: Nov 22, 1972 | Docket: 64529409

Published

act to toll the limitation period of Fla.Stat. § 440.13(3) (b), F.S.A., which specifically deals with

Pyles v. Bridges

259 So. 2d 724, 1972 Fla. App. LEXIS 7139

District Court of Appeal of Florida | Filed: Mar 17, 1972 | Docket: 64525029

Published

medical treatment was done and paid for under Section 440.13 of the Workmen’s Compensation Act, they share

Catalano v. Hillsborough County Board of Public Instruction

249 So. 2d 24, 1971 Fla. LEXIS 3589

Supreme Court of Florida | Filed: Jun 9, 1971 | Docket: 64520840

Published

remedial treatment within the meaning of Fla.Stat. § 440.13, F.S. A. Accordingly, the order of the Full Commission

McMahon v. Huntington

246 So. 2d 743, 1971 Fla. LEXIS 3879

Supreme Court of Florida | Filed: Apr 7, 1971 | Docket: 64519873

Published

services rendered were compen-sable under Fla.Stat. § 440.13(1), F.S.A. Accordingly, certiorari is granted

Perez v. F. W. Woolworth Co.

220 So. 2d 904, 1969 Fla. LEXIS 2447

Supreme Court of Florida | Filed: Mar 19, 1969 | Docket: 64509153

Published

before the Judge of Industrial Claims. See F.S. Section 440.13, F.S.A. See also, Robinson v. Howard Hall Company

Pinellas Towers, Inc. v. Osborne

215 So. 2d 735, 1968 Fla. LEXIS 2084

Supreme Court of Florida | Filed: Nov 13, 1968 | Docket: 64507323

Published

attention in accordance with the provisions of Section 440.-13(1) of the Act. When one views the provisions

Formite, Inc. v. Jaynes

208 So. 2d 614, 1968 Fla. LEXIS 2312

Supreme Court of Florida | Filed: Mar 27, 1968 | Docket: 64504674

Published

within the provisions of Florida Statutes, Section 440.13, F.S.A., and were therefore not required to

St. Francis Hospital, Inc. v. Feinberg

192 So. 2d 753, 1966 Fla. LEXIS 3172

Supreme Court of Florida | Filed: Nov 2, 1966 | Docket: 64499022

Published

conclusion to order a change in medical treatment under § 440.13(2), other than to say that the claimant’s evidence

Board of County Commissioners v. Southern Florida Sanitarium & Hospital Corp.

173 So. 2d 131, 1965 Fla. LEXIS 3322

Supreme Court of Florida | Filed: Mar 17, 1965 | Docket: 64492461

Published

Hospital lo file the reports as required by F.S. § 440.13, F.S.A. barred recovery under said provision,

South Coast Construction Co. v. Chizauskas

172 So. 2d 442, 1965 Fla. LEXIS 3247

Supreme Court of Florida | Filed: Mar 3, 1965 | Docket: 64492228

Published

required to be furnished by the employer under Section 440.13, F.S.A. As to this issue the Full Commission

Bowman Nurseries v. King

155 So. 2d 871, 1963 Fla. LEXIS 2655

Supreme Court of Florida | Filed: Jun 7, 1963 | Docket: 60214990

Published

right, refuse further treatment by Dr. Nadler.2 Section 440.13(1) Florida Statutes, F.S.A., provides in part

Oolite Concrete Co. v. Carver

145 So. 2d 733

Supreme Court of Florida | Filed: Oct 17, 1962 | Docket: 60207522

Published

are concerned. *735Under the provisions of Section 440.13(1), F.S.A., an employee who is found to be

Phillips v. Triangle Construction Co.

145 So. 2d 479

Supreme Court of Florida | Filed: Oct 10, 1962 | Docket: 60207329

Published

1960 on the ground the statute of limitations, § 440.13, Florida Statutes, F.S.A., barred such claim.

Tampa Aluminum Products Co. v. Watts

132 So. 2d 414

Supreme Court of Florida | Filed: Jul 19, 1961 | Docket: 60198192

Published

the deputy commissioner found that pursuant to § 440.13, Florida Statutes, F.S.A., Joseph M. Dibbs was

Cook v. Georgia Grocery, Inc.

125 So. 2d 837, 1960 Fla. LEXIS 2071

Supreme Court of Florida | Filed: Dec 19, 1960 | Docket: 60196388

Published

commissioner arrived at his conclusion evolves from Section 440.13(1) : “(1) The employer shall furnish to the

Standard Wholesale Grocery Co. v. Reppa

122 So. 2d 563, 1960 Fla. LEXIS 2284

Supreme Court of Florida | Filed: Jul 1, 1960 | Docket: 60195465

Published

claim,” in the absence of compliance with F.S.A. § 440.13, F.S.A.; that the order erroneously requires payment

Hyatt v. Armstrong Cork Co.

121 So. 2d 793, 1960 Fla. LEXIS 2183

Supreme Court of Florida | Filed: Apr 13, 1960 | Docket: 60195259

Published

thousand dollars in addition to any benefits under § 440.13 for medical services and treatment and under subsection

Johnson Drug Co. v. Thaxton

121 So. 2d 158

Supreme Court of Florida | Filed: Feb 17, 1960 | Docket: 60195014

Published

after request, to provide the care needed, for Section 440.13, F.S.A. would authorize the injured workman

Lyng v. Rao

87 So. 2d 108, 1956 Fla. LEXIS 3716

Supreme Court of Florida | Filed: May 2, 1956 | Docket: 64488006

Published

assignments of error are, therefore, without merit. Section 440.13(1) provides that: “The employer shall furnish

Bituminous Casualty Corp. v. Hawes

82 So. 2d 731

Supreme Court of Florida | Filed: Sep 14, 1955 | Docket: 64487293

Published

to be furnished) by him to the employee under § 440.13, Florida Statutes. “3. All amounts paid as compensation

Continental Cas. Co. v. Buchan

72 So. 2d 269, 1954 Fla. LEXIS 1395

Supreme Court of Florida | Filed: Apr 27, 1954 | Docket: 64485481

Published

for such payments *270under the provisions of Section 440.13, Florida Statutes 1951, F.S.A., which requires

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.