The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.15

440.15 Compensation for disability.—Compensation for disability shall be paid to the employee, subject to the limits provided in s. 440.12(2), as follows:

(1) PERMANENT TOTAL DISABILITY.—

(a) In case of total disability adjudged to be permanent, 662/3 or 66.67 percent of the average weekly wages shall be paid to the employee during the continuance of such total disability. No compensation shall be payable under this section if the employee is engaged in, or is physically capable of engaging in, at least sedentary employment.

(b) In the following cases, an injured employee is presumed to be permanently and totally disabled unless the employer or carrier establishes that the employee is physically capable of engaging in at least sedentary employment within a 50-mile radius of the employee’s residence:

1. Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;

2. Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage;

3. Severe brain or closed-head injury as evidenced by:

a. Severe sensory or motor disturbances;

b. Severe communication disturbances;

c. Severe complex integrated disturbances of cerebral function;

d. Severe episodic neurological disorders; or

e. Other severe brain and closed-head injury conditions at least as severe in nature as any condition provided in sub-subparagraphs a.-d.;

4. Second-degree or third-degree burns of 25 percent or more of the total body surface or third-degree burns of 5 percent or more to the face and hands; or

5. Total or industrial blindness.

In all other cases, in order to obtain permanent total disability benefits, the employee must establish that he or she is not able to engage in at least sedentary employment, within a 50-mile radius of the employee’s residence, due to his or her physical limitation. Entitlement to such benefits shall cease when the employee reaches age 75, unless the employee is not eligible for social security benefits under 42 U.S.C. s. 402 or s. 423 because the employee’s compensable injury has prevented the employee from working sufficient quarters to be eligible for such benefits, notwithstanding any age limits. If the accident occurred on or after the employee reaches age 70, benefits shall be payable during the continuance of permanent total disability, not to exceed 5 years following the determination of permanent total disability. Only claimants with catastrophic injuries or claimants who are incapable of engaging in employment, as described in this paragraph, are eligible for permanent total benefits. In no other case may permanent total disability be awarded.

(c) In cases of permanent total disability resulting from injuries that occurred prior to July 1, 1955, such payments shall not be made in excess of 700 weeks.

(d) If an employee who is being paid compensation for permanent total disability becomes rehabilitated to the extent that she or he establishes an earning capacity, the employee shall be paid, instead of the compensation provided in paragraph (a), benefits pursuant to subsection (3). The department shall adopt rules to enable a permanently and totally disabled employee who may have reestablished an earning capacity to undertake a trial period of reemployment without prejudicing her or his return to permanent total status in the case that such employee is unable to sustain an earning capacity.

(e)1. The employer’s or carrier’s right to conduct vocational evaluations or testing by the employer’s or carrier’s chosen rehabilitation advisor or provider continues even after the employee has been accepted or adjudicated as entitled to compensation under this chapter and costs for such evaluations and testing shall be borne by the employer or carrier, respectively. This right includes, but is not limited to, instances in which such evaluations or tests are recommended by a treating physician or independent medical-examination physician, instances warranted by a change in the employee’s medical condition, or instances in which the employee appears to be making appropriate progress in recuperation. This right may not be exercised more than once every calendar year.

2. The carrier must confirm the scheduling of the vocational evaluation or testing in writing, and must notify the employee and the employee’s counsel, if any, at least 7 days before the date on which vocational evaluation or testing is scheduled to occur.

3. The employer or carrier may withhold payment of benefits for permanent total disability or supplements for any period during which the employee willfully fails or refuses to appear without good cause for the scheduled vocational evaluation or testing.

(f)1. If permanent total disability results from injuries that occurred subsequent to June 30, 1955, and for which the liability of the employer for compensation has not been discharged under s. 440.20(11), the injured employee shall receive additional weekly compensation benefits equal to 3 percent of her or his weekly compensation rate, as established pursuant to the law in effect on the date of her or his injury, multiplied by the number of calendar years since the date of injury. The weekly compensation payable and the additional benefits payable under this paragraph, when combined, may not exceed the maximum weekly compensation rate in effect at the time of payment as determined pursuant to s. 440.12(2). These supplemental payments shall not be paid or payable after the employee attains age 62, regardless of whether the employee has applied for or is eligible to apply for social security benefits under 42 U.S.C. s. 402 or s. 423, unless the employee is not eligible for social security benefits under 42 U.S.C. s. 402 or s. 423 because the employee’s compensable injury has prevented the employee from working sufficient quarters to be eligible for such benefits. These supplemental benefits shall be paid by the department out of the Workers’ Compensation Administration Trust Fund when the injury occurred subsequent to June 30, 1955, and before July 1, 1984. These supplemental benefits shall be paid by the employer when the injury occurred on or after July 1, 1984. Supplemental benefits are not payable for any period prior to October 1, 1974.

2.a. The department shall provide by rule for the periodic reporting to the department of all earnings of any nature and social security income by the injured employee entitled to or claiming additional compensation under subparagraph 1. Neither the department nor the employer or carrier shall make any payment of those additional benefits provided by subparagraph 1. for any period during which the employee willfully fails or refuses to report upon request by the department in the manner prescribed by such rules.

b. The department shall provide by rule for the periodic reporting to the employer or carrier of all earnings of any nature and social security income by the injured employee entitled to or claiming benefits for permanent total disability. The employer or carrier is not required to make any payment of benefits for permanent total disability for any period during which the employee willfully fails or refuses to report upon request by the employer or carrier in the manner prescribed by such rules or if any employee who is receiving permanent total disability benefits refuses to apply for or cooperate with the employer or carrier in applying for social security benefits.

3. When an injured employee receives a full or partial lump-sum advance of the employee’s permanent total disability compensation benefits, the employee’s benefits under this paragraph shall be computed on the employee’s weekly compensation rate as reduced by the lump-sum advance.

(2) TEMPORARY TOTAL DISABILITY.—

(a) Subject to subsection (7), in case of disability total in character but temporary in quality, 662/3 or 66.67 percent of the average weekly wages shall be paid to the employee during the continuance thereof, not to exceed 104 weeks except as provided in this subsection, s. 440.12(1), and s. 440.14(3). Once the employee reaches the maximum number of weeks allowed, or the employee reaches the date of maximum medical improvement, whichever occurs earlier, temporary disability benefits shall cease and the injured worker’s permanent impairment shall be determined.

(b) Notwithstanding paragraph (a), an employee who has sustained the loss of an arm, leg, hand, or foot, has been rendered a paraplegic, paraparetic, quadriplegic, or quadriparetic, or has lost the sight of both eyes shall be paid temporary total disability of 80 percent of her or his average weekly wage. The increased temporary total disability compensation provided for in this paragraph must not extend beyond 6 months from the date of the accident; however, such benefits shall not be due or payable if the employee is eligible for, entitled to, or collecting permanent total disability benefits. The compensation provided by this paragraph is not subject to the limits provided in s. 440.12(2). If, at the conclusion of this period of increased temporary total disability compensation, the employee is still temporarily totally disabled, the employee shall continue to receive temporary total disability compensation as set forth in paragraphs (a) and (c). The period of time the employee has received this increased compensation will be counted as part of, and not in addition to, the maximum periods of time for which the employee is entitled to compensation under paragraph (a) but not paragraph (c).

(c) Temporary total disability benefits paid pursuant to this subsection shall include such period as may be reasonably necessary for training in the use of artificial members and appliances, and shall include such period as the employee may be receiving training and education under a program pursuant to s. 440.491.

(d) The department shall, by rule, provide for the periodic reporting to the department, employer, or carrier of all earned income, including income from social security, by the injured employee who is entitled to or claiming benefits for temporary total disability. The employer or carrier is not required to make any payment of benefits for temporary total disability for any period during which the employee willfully fails or refuses to report upon request by the employer or carrier in the manner prescribed by the rules. The rule must require the claimant to personally sign the claim form and attest that she or he has reviewed, understands, and acknowledges the foregoing.

(3) PERMANENT IMPAIRMENT BENEFITS.—

(a) Once the employee has reached the date of maximum medical improvement, impairment benefits are due and payable within 14 days after the carrier has knowledge of the impairment.

(b) The three-member panel, in cooperation with the department, shall establish and use a uniform permanent impairment rating schedule. This schedule must be based on medically or scientifically demonstrable findings as well as the systems and criteria set forth in the American Medical Association’s Guides to the Evaluation of Permanent Impairment; the Snellen Charts, published by the American Medical Association Committee for Eye Injuries; and the Minnesota Department of Labor and Industry Disability Schedules. The schedule must be based upon objective findings. The schedule shall be more comprehensive than the AMA Guides to the Evaluation of Permanent Impairment and shall expand the areas already addressed and address additional areas not currently contained in the guides. On August 1, 1979, and pending the adoption, by rule, of a permanent schedule, Guides to the Evaluation of Permanent Impairment, copyright 1977, 1971, 1988, by the American Medical Association, shall be the temporary schedule and shall be used for the purposes hereof. For injuries after July 1, 1990, pending the adoption by rule of a uniform disability rating agency schedule, the Minnesota Department of Labor and Industry Disability Schedule shall be used unless that schedule does not address an injury. In such case, the Guides to the Evaluation of Permanent Impairment by the American Medical Association shall be used. Determination of permanent impairment under this schedule must be made by a physician licensed under chapter 458, a doctor of osteopathic medicine licensed under chapters 458 and 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, as appropriate considering the nature of the injury. No other persons are authorized to render opinions regarding the existence of or the extent of permanent impairment.

(c) All impairment income benefits shall be based on an impairment rating using the impairment schedule referred to in paragraph (b). Impairment income benefits are paid biweekly at the rate of 75 percent of the employee’s average weekly temporary total disability benefit not to exceed the maximum weekly benefit under s. 440.12; provided, however, that such benefits shall be reduced by 50 percent for each week in which the employee has earned income equal to or in excess of the employee’s average weekly wage. An employee’s entitlement to impairment income benefits begins the day after the employee reaches maximum medical improvement or the expiration of temporary benefits, whichever occurs earlier, and continues until the earlier of:

1. The expiration of a period computed at the rate of 3 weeks for each percentage point of impairment; or

2. The death of the employee.

Impairment income benefits as defined by this subsection are payable only for impairment ratings for physical impairments. If objective medical findings can substantiate a permanent psychiatric impairment resulting from the accident, permanent impairment benefits are limited for the permanent psychiatric impairment to 1-percent permanent impairment.

(d) After the employee has been certified by a doctor as having reached maximum medical improvement or 6 weeks before the expiration of temporary benefits, whichever occurs earlier, the certifying doctor shall evaluate the condition of the employee and assign an impairment rating, using the impairment schedule referred to in paragraph (b). If the certification and evaluation are performed by a doctor other than the employee’s treating doctor, the certification and evaluation must be submitted to the treating doctor, the employee, and the carrier within 10 days after the evaluation. The treating doctor must indicate to the carrier agreement or disagreement with the other doctor’s certification and evaluation.

1. The certifying doctor shall issue a written report to the employee and the carrier certifying that maximum medical improvement has been reached, stating the impairment rating to the body as a whole, and providing any other information required by the department by rule. The carrier shall establish an overall maximum medical improvement date and permanent impairment rating, based upon all such reports.

2. Within 14 days after the carrier’s knowledge of each maximum medical improvement date and impairment rating to the body as a whole upon which the carrier is paying benefits, the carrier shall report such maximum medical improvement date and, when determined, the overall maximum medical improvement date and associated impairment rating to the department in a format as set forth in department rule. If the employee has not been certified as having reached maximum medical improvement before the expiration of 98 weeks after the date temporary disability benefits begin to accrue, the carrier shall notify the treating doctor of the requirements of this section.

(e) The carrier shall pay the employee impairment income benefits for a period based on the impairment rating.

(f) The department may by rule specify forms and procedures governing the method of payment of benefits under this section.

(g) Notwithstanding paragraph (c), for accidents occurring on or after October 1, 2003, an employee’s entitlement to impairment income benefits begins the day after the employee reaches maximum medical improvement or the expiration of temporary benefits, whichever occurs earlier, and continues for the following periods:

1. Two weeks of benefits are to be paid to the employee for each percentage point of impairment from 1 percent up to and including 10 percent.

2. For each percentage point of impairment from 11 percent up to and including 15 percent, 3 weeks of benefits are to be paid.

3. For each percentage point of impairment from 16 percent up to and including 20 percent, 4 weeks of benefits are to be paid.

4. For each percentage point of impairment from 21 percent and higher, 6 weeks of benefits are to be paid.

(4) TEMPORARY PARTIAL DISABILITY.—

(a) Subject to subsection (7), in case of temporary partial disability, compensation shall be equal to 80 percent of the difference between 80 percent of the employee’s average weekly wage and the salary, wages, and other remuneration the employee is able to earn postinjury, as compared weekly; however, weekly temporary partial disability benefits may not exceed an amount equal to 662/3 or 66.67 percent of the employee’s average weekly wage at the time of accident. In order to simplify the comparison of the preinjury average weekly wage with the salary, wages, and other remuneration the employee is able to earn postinjury, the department may by rule provide for payment of the initial installment of temporary partial disability benefits to be paid as a partial week so that payment for remaining weeks of temporary partial disability can coincide as closely as possible with the postinjury employer’s work week. The amount determined to be the salary, wages, and other remuneration the employee is able to earn shall in no case be less than the sum actually being earned by the employee, including earnings from sheltered employment. Benefits shall be payable under this subsection only if overall maximum medical improvement has not been reached and the medical conditions resulting from the accident create restrictions on the injured employee’s ability to return to work.

(b) Within 5 business days after the carrier’s knowledge of the employee’s release to restricted work, the carrier shall mail to the employee and employer an informational letter, adopted by department rule, explaining the employee’s possible eligibility and responsibilities for temporary partial disability benefits.

(c) When an employee returns to work with the restrictions resulting from the accident and is earning wages less than 80 percent of the preinjury average weekly wage, the first installment of temporary partial disability benefits is due 7 days after the last date of the postinjury employer’s first biweekly work week. Thereafter, payment for temporary partial benefits shall be paid biweekly no later than the 7th day following the last day of each biweekly work week.

(d) If the employee is unable to return to work with the restrictions resulting from the accident and is not earning wages, salary, or other remuneration, temporary partial disability benefits shall be paid no later than the last day of each biweekly period. The employee shall notify the carrier within 5 business days after returning to work. Failure to notify the carrier of the establishment of an earning capacity in the required time shall result in a suspension or nonpayment of temporary partial disability benefits until the proper notification is provided.

(e) Such benefits shall be paid during the continuance of such disability, not to exceed a period of 104 weeks, as provided by this subsection and subsection (2). Once the injured employee reaches the maximum number of weeks, temporary disability benefits cease and the injured worker’s permanent impairment must be determined. If the employee is terminated from postinjury employment based on the employee’s misconduct, temporary partial disability benefits are not payable as provided for in this section. The department shall by rule specify forms and procedures governing the method and time for payment of temporary disability benefits for dates of accidents before January 1, 1994, and for dates of accidents on or after January 1, 1994.

(5) SUBSEQUENT INJURY.—

(a) The fact that an employee has suffered previous disability, impairment, anomaly, or disease, or received compensation therefor, shall not preclude her or him from benefits, as specified in paragraph (b), for a subsequent aggravation or acceleration of the preexisting condition or preclude benefits for death resulting therefrom, except that no benefits shall be payable if the employee, at the time of entering into the employment of the employer by whom the benefits would otherwise be payable, falsely represents herself or himself in writing as not having previously been disabled or compensated because of such previous disability, impairment, anomaly, or disease and the employer detrimentally relies on the misrepresentation.

(b) If a compensable injury, disability, or need for medical care, or any portion thereof, is a result of aggravation or acceleration of a preexisting condition, or is the result of merger with a preexisting condition, only the disabilities and medical treatment associated with such compensable injury shall be payable under this chapter, excluding the degree of disability or medical conditions existing at the time of the impairment rating or at the time of the accident, regardless of whether the preexisting condition was disabling at the time of the accident or at the time of the impairment rating and without considering whether the preexisting condition would be disabling without the compensable accident. The degree of permanent impairment or disability attributable to the accident or injury shall be compensated in accordance with this section, apportioning out the preexisting condition based on the anatomical impairment rating attributable to the preexisting condition. Medical benefits shall be paid apportioning out the percentage of the need for such care attributable to the preexisting condition. As used in this paragraph, “merger” means the combining of a preexisting permanent impairment or disability with a subsequent compensable permanent impairment or disability which, when the effects of both are considered together, result in a permanent impairment or disability rating which is greater than the sum of the two permanent impairment or disability ratings when each impairment or disability is considered individually.

(6) EMPLOYEE REFUSES EMPLOYMENT.—If an injured employee refuses employment suitable to the capacity thereof, offered to or procured therefor, such employee shall not be entitled to any compensation at any time during the continuance of such refusal unless at any time in the opinion of the judge of compensation claims such refusal is justifiable. Time periods for the payment of benefits in accordance with this section shall be counted in determining the limitation of benefits as provided for in paragraphs (2)(a), (3)(c), and ¹(4)(b).

(7) EMPLOYEE LEAVES EMPLOYMENT.—If an injured employee, when receiving compensation for temporary partial disability, leaves the employment of the employer by whom she or he was employed at the time of the accident for which such compensation is being paid, the employee shall, upon securing employment elsewhere, give to such former employer an affidavit in writing containing the name of her or his new employer, the place of employment, and the amount of wages being received at such new employment; and, until she or he gives such affidavit, the compensation for temporary partial disability will cease. The employer by whom such employee was employed at the time of the accident for which such compensation is being paid may also at any time demand of such employee an additional affidavit in writing containing the name of her or his employer, the place of her or his employment, and the amount of wages she or he is receiving; and if the employee, upon such demand, fails or refuses to make and furnish such affidavit, her or his right to compensation for temporary partial disability shall cease until such affidavit is made and furnished. If the employee leaves her or his employment while receiving temporary partial benefits without just cause as determined by the judge of compensation claims, temporary partial benefits shall be payable based on the deemed earnings of the employee as if she or he had remained employed.

(8) EMPLOYEE BECOMES INMATE OF INSTITUTION.—In case an employee becomes an inmate of a public institution, then no compensation shall be payable unless she or he has dependent upon her or him for support a person or persons defined as dependents elsewhere in this chapter, whose dependency shall be determined as if the employee were deceased and to whom compensation would be paid in case of death; and such compensation as is due such employee shall be paid such dependents during the time she or he remains such inmate.

(9) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER AND FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE ACT.—

(a) Weekly compensation benefits payable under this chapter for disability resulting from injuries to an employee who becomes eligible for benefits under 42 U.S.C. s. 423 shall be reduced to an amount whereby the sum of such compensation benefits payable under this chapter and such total benefits otherwise payable for such period to the employee and her or his dependents, had such employee not been entitled to benefits under this chapter, under 42 U.S.C. ss. 402 and 423, does not exceed 80 percent of the employee’s average weekly wage. However, this provision shall not operate to reduce an injured worker’s benefits under this chapter to a greater extent than such benefits would have otherwise been reduced under 42 U.S.C. s. 424(a). This reduction of compensation benefits is not applicable to any compensation benefits payable for any week subsequent to the week in which the injured worker reaches the age of 62 years.

(b) If the provisions of 42 U.S.C. s. 424(a) are amended to provide for a reduction or increase of the percentage of average current earnings that the sum of compensation benefits payable under this chapter and the benefits payable under 42 U.S.C. ss. 402 and 423 can equal, the amount of the reduction of benefits provided in this subsection shall be reduced or increased accordingly. The department may by rule specify forms and procedures governing the method for calculating and administering the offset of benefits payable under this chapter and benefits payable under 42 U.S.C. ss. 402 and 423. The department shall have first priority in taking any available social security offsets on dates of accidents occurring before July 1, 1984.

(c) Disability compensation benefits payable for any week, including those benefits provided by paragraph (1)(f), may not be reduced pursuant to this subsection until the Social Security Administration determines the amount otherwise payable to the employee under 42 U.S.C. ss. 402 and 423 and the employee has begun receiving such social security benefit payments. The employee shall, upon demand by the department, the employer, or the carrier, authorize the Social Security Administration to release disability information relating to her or him and authorize the Department of Economic Opportunity to release reemployment assistance information relating to her or him, in accordance with rules to be adopted by the department prescribing the procedure and manner for requesting the authorization and for compliance by the employee. The department or the employer or carrier may not make any payment of benefits for total disability or those additional benefits provided by paragraph (1)(f) for any period during which the employee willfully fails or refuses to authorize the release of information in the manner and within the time prescribed by such rules. The authority for release of disability information granted by an employee under this paragraph is effective for a period not to exceed 12 months and such authority may be renewed, as the department prescribes by rule.

(d) If compensation benefits are reduced pursuant to this subsection, the minimum compensation provisions of s. 440.12(2) do not apply.

(10) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER WHO HAS RECEIVED OR IS ENTITLED TO RECEIVE REEMPLOYMENT ASSISTANCE.—

(a) No compensation benefits shall be payable for temporary total disability or permanent total disability under this chapter for any week in which the injured employee has received, or is receiving, reemployment assistance or unemployment compensation benefits.

(b) If an employee is entitled to temporary partial benefits pursuant to subsection (4) and reemployment assistance or unemployment compensation benefits, such reemployment assistance or unemployment compensation benefits shall be primary and the temporary partial benefits shall be supplemental only, the sum of the two benefits not to exceed the amount of temporary partial benefits which would otherwise be payable.

(11) FULL-PAY STATUS FOR CERTAIN LAW ENFORCEMENT OFFICERS.—Any law enforcement officer as defined in s. 943.10(1), (2), or (3) who, while acting within the course of employment as provided by s. 440.091, is maliciously or intentionally injured and who thereby sustains a job-connected disability compensable under this chapter shall be carried in full-pay status rather than being required to use sick, annual, or other leave. Full-pay status shall be granted only after submission to the employing agency’s head of a medical report which gives a current diagnosis of the employee’s recovery and ability to return to work. In no case shall the employee’s salary and workers’ compensation benefits exceed the amount of the employee’s regular salary requirements.

(12) REPAYMENT.—If an employee has received a sum as an indemnity benefit under any classification or category of benefit under this chapter to which she or he is not entitled, the employee is liable to repay that sum to the employer or the carrier or to have that sum deducted from future benefits, regardless of the classification of benefits, payable to the employee under this chapter; however, a partial payment of the total repayment may not exceed 20 percent of the amount of the biweekly payment.

History.—s. 15, ch. 17481, 1935; CGL 1936 Supp. 5966(15); s. 4, ch. 20672, 1941; s. 2, ch. 22814, 1945; s. 1, ch. 23921, 1947; s. 11, ch. 25035, 1949; s. 1, ch. 26877, 1951; s. 10, ch. 26484, 1951; s. 1, ch. 29803, 1955; s. 3, ch. 29778, 1955; s. 1, ch. 59-103; s. 1, ch. 59-102; s. 2, ch. 61-119; s. 1, ch. 61-188; s. 1, ch. 63-235; s. 1, ch. 65-168; ss. 17, 35, ch. 69-106; s. 1, ch. 70-71; s. 1, ch. 70-312; s. 5, ch. 73-127; s. 9, ch. 74-197; s. 6, ch. 75-209; s. 1, ch. 77-174; s. 4, ch. 77-290; ss. 5, 23, ch. 78-300; ss. 10, 124, ch. 79-40; ss. 8, 21, ch. 79-312; s. 5, ch. 80-236; s. 5, ch. 81-119; s. 275, ch. 81-259; ss. 1, 3, ch. 82-237; s. 8, ch. 83-174; s. 5, ch. 83-305; s. 2, ch. 84-267; s. 3, ch. 86-171; s. 3. ch. 87-330; s. 4, ch. 88-203; ss. 12, 43, ch. 89-289; ss. 20, 56, ch. 90-201; ss. 18, 52, ch. 91-1; s. 20, ch. 93-415; s. 73, ch. 96-418; s. 1052, ch. 97-103; s. 47, ch. 97-264; s. 2, ch. 98-125; ss. 190, 261, ch. 98-166; s. 92, ch. 2000-153; s. 65, ch. 2001-62; s. 28, ch. 2002-194; s. 52, ch. 2003-1; s. 11, ch. 2003-36; s. 18, ch. 2003-412; s. 62, ch. 2004-5; s. 347, ch. 2011-142; s. 67, ch. 2012-30; s. 7, ch. 2013-141; s. 2, ch. 2014-109.

¹Note.—Paragraph (4)(b) does not reference time periods for payment of benefits. The appropriate reference may be to paragraph (4)(e).

F.S. 440.15 on Google Scholar

F.S. 440.15 on Casetext

Amendments to 440.15

Arrestable Offenses / Crimes under Fla. Stat. 440.15

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.15.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SBCR, INC. d b a BITCO v. DOSS,, 275 So. 3d 1290 (Fla. App. Ct. 2019)

. . . In the order, the JCC found that, in accordance with section 440.15(1)(f), Florida Statutes (2008), Claimant . . . subsequently paid both permanent total disability (PTD) and supplemental PTD disability benefits under section 440.15 . . . Claimant reached the age of 62, the E/C stopped paying supplemental benefits as provided in section 440.15 . . .

MJM ELECTRIC, INC. OCIP CMS, v. SPENCER,, 275 So. 3d 1283 (Fla. App. Ct. 2019)

. . . . § 440.15(4)(a), Fla. Stat. (2017) ; see also Wyeth/Pharma Field Sales v. . . . argument, the E/C rely primarily on Spencer's alleged refusal of suitable employment under section 440.15 . . . /C here had the burden of proving their affirmative defense of a voluntary limitation under section 440.15 . . . the JCC's rejection of the E/C's affirmative defense of refusal of suitable employment under section 440.15 . . .

CLARKE, v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF RISK MANAGEMENT,, 275 So. 3d 846 (Fla. App. Ct. 2019)

. . . lthough the express "voluntary limitation of income" defense has been removed from the statute, section 440.15 . . . this court has analogized the statutory defense of "refusal of suitable employment" found in section 440.15 . . . If the Claimant is found to have refused "employment suitable to" his capacity, section 440.15(6), Florida . . . shall be payable based on the deemed earnings" of Claimant just as if "he had remained employed." § 440.15 . . .

VARRICCHIO, v. ST. LUCIE COUNTY CLERK OF COURTS, 271 So. 3d 1206 (Fla. App. Ct. 2019)

. . . the impairment rating, the E/C began paying permanent impairment benefits ("IBs") pursuant to section 440.15 . . .

KNEER, v. LINCARE AND TRAVELERS INSURANCE,, 267 So. 3d 1077 (Fla. App. Ct. 2019)

. . . compensation statute, which reads as follows: Subject to the payment of permanent benefits under s. 440.15 . . . physical injury or injuries, which shall be included in the period of 104 weeks[ ] as provided in s. 440.15 . . . Supreme Court ruled that the workers' compensation statute's 104-week cap on temporary benefits in § 440.15 . . . Westphal and others like him, up from the 104 weeks authorized in § 440.15(2)(a). Id. . . . 260-week limitation on the entitlement to temporary total disability benefits as set out in section 440.15 . . .

MARRAFFINO, v. STERICYCLE SEDGWICK CMS,, 260 So. 3d 1115 (Fla. App. Ct. 2018)

. . . Under section 440.15(4)(a), Florida Statutes (2014), TPD benefits are payable if MMI has not been reached . . .

EMPLOYBRIDGE v. RODRIGUEZ,, 255 So. 3d 453 (Fla. App. Ct. 2018)

. . . Llanes Rodriguez's refusal to accept suitable employment offered by her employer was justifiable under § 440.15 . . . I concur in the result, but I would hold that under section 440.15(6), Florida Statutes, an injured employee . . . met its burden of persuasion that it had offered Claimant suitable modified-duty work under section 440.15 . . . In cases interpreting section 440.15(6), Florida Statutes, such a requirement would properly limit the . . . employee to refuse suitable employment offered by an employer and still receive compensation. § 440.15 . . .

RODRIGUEZ, v. TALLAHASSEE FIRE DEPARTMENT CITY OF TALLAHASSEE,, 240 So. 3d 788 (Fla. App. Ct. 2018)

. . . See § 440.15(3)(b)-(c), Fla. Stat. (2013) ; Fla. Admin. Code R. 69L-7.604. . . .

UTOPIA HOME CARE GUARANTEE INSURANCE COMPANY, v. ALVAREZ,, 230 So. 3d 72 (Fla. Dist. Ct. App. 2017)

. . . section 440.093(3) has provided as follows: ' Subject to the payment of permanent benefits under s. 440.15 . . . physical injury or injuries, which shall be included in’ the period of 104 weeks as provided in s. 440.15 . . . to the payment of permanent benefits under s. 440.15”—like-wise requires a connection between mental . . . impairments remaining after the date of maximum medical improvement (“MMI”). § 440.15(1), (3) Fla. . . . See § 440.15(3)(b)-(c), Fla. Stat. (2011). . . .

FT. WALTON BEACH MEDICAL CENTER BROADSPIRE, v. YOUNG,, 223 So. 3d 445 (Fla. Dist. Ct. App. 2017)

. . . the 104-week limitation on the payment of temporary total disability (TTD) benefits under paragraph 440.15 . . . Here, however, before Westphal II there had never been a construction of paragraph 440.15(2)(a) by the . . .

LEWIS, v. DOLLAR RENT A CAR ESIS WC, 220 So. 3d 1246 (Fla. Dist. Ct. App. 2017)

. . . Accordingly, she is no longer eligible for wage-loss benefits under section 440.15, Florida Statutes. . . .

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

. . . The statute at issue is section 440.15(3)(c), Florida Statutes (2009), and the pertinent sentence reads . . .

GOMEZ- LUJANO, v. PALM BEACH GRILL- HOUSTON S RESTAURANT, 207 So.3d 1032 (Fla. Dist. Ct. App. 2017)

. . . Weekly D2490, 202 So.3d 964 (Fla. 1st DCA 2016) (applying Westphal to section 440.15(4)(e), Florida Statutes . . .

C. GONZALEZ, v. VISA, 204 So.3d 987 (Fla. Dist. Ct. App. 2016)

. . . TTD) and temporary partial disability (TPD) benefits beyond the 104-week cap imposed by subsections 440.15 . . . Petersburg, 194 So.3d 311 (Fla. 2016), that the 104-week limitation set forth in subsection 440.15(2) . . . Westphal’s reasoning was recently extended to subsection 440.15(4), which applies to TPD recipients, . . .

JONES, v. FOOD LION, INC., 202 So. 3d 964 (Fla. Dist. Ct. App. 2016)

. . . disability benefits but for the expiration of the 104-week eligibility limitation found in paragraph 440.15 . . . Petersburg (Westphal II), 194 So.3d 311, 327 (Fla.2016), in which the court held paragraph 440.15(2)( . . . who are temporarily partially disabled when the 104-week eligibility period expires under paragraph 440.15 . . . See § 440.15(4)(c), Fla. Stat. (1991). . . . In reaching this conclusion, however, we make no judgment as to whether the remainder of subsection 440.15 . . .

BOWMAN, v. GOODWILL INDUSTRIES, INC., 202 So. 3d 463 (Fla. Dist. Ct. App. 2016)

. . . of both a medical benefit and temporary disability benefits under the apportionment statute, section 440.15 . . .

CITY OF DANIA BEACH PGCS, v. ZIPOLI,, 204 So.3d 52 (Fla. Dist. Ct. App. 2016)

. . . permanent impairment rating (PIR), that he was entitled to impairment income benefits (IBs) under section 440.15 . . .

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

. . . Section 440.15, Florida Statutes Section 440.15, Florida Statutes (2009), governs the payment of disability . . . duration not to exceed 350 weeks. § 440.15(2), Fla. . . . See § 440.15(2), Fla. Stat. (1967). . . . See § 440.15(5), Fla. Stat. (2009). . . . See § 440.15(2)(a), Fla. Stat. (1991). . . . I agree with the conclusion reached by the majority that section 440.15(2)(a) is unconstitutional as . . . judicial rewriting of a problematic statute is no more evident than in the present case where section 440.15 . . . See Westphal, 122 So.3d at 444 (avoiding a constitutional challenge by holding that under section 440.15 . . . Although 'both rewrites of section- 440.15 may have been good faith attempts to protect injured workers . . . However, section 440.15 — both under its plain meaning, and as interpreted by the majority today— denies . . .

CORY FAIRBANKS MAZDA PMA v. MINOR,, 192 So. 3d 596 (Fla. Dist. Ct. App. 2016)

. . . challenges the Judge of Compensation Claims’ (JCC’s) rejection of its misconduct defense under paragraph 440.15 . . . defenses to say that Claimant is ineligible for TPD benefits because she was terminated for misconduct. § 440.15 . . . address is whether the E/C established its affirmative defense based on termination for misconduct. § 440.15 . . . action; they do not, however, constitute “misconduct” by operation of law for purposes of ' section 440.15 . . . Pizza & Pasta Inc., 956 So.2d 542, 543 (Fla. 1st DCA 2007) (affirming application of paragraph 440.15 . . .

CASTELLANOS, v. NEXT DOOR COMPANY,, 192 So. 3d 431 (Fla. 2016)

. . . .; (2) reductions in the duration of temporary benefits, § 440.15(2)(a), Fla. . . .

BECK, v. MMI DINING SYSTEMS, 183 So. 3d 1160 (Fla. Dist. Ct. App. 2015)

. . . Claimant’s second point on appeal lodges a constitutional challenge to subparagraph 440.15(3)(g)l., Florida . . . Subparagraph 440.15(3)(g)l permits an award of impairment benefits to an injured worker with a permanent . . . 40 (Fla. 3d DCA 2011) (holding claimant lacked standing to challenge constitutionality of subsection 440.15 . . . 603 (Fla. 1st DCA 1984) (holding claimant had no standing to challenge constitutionality of paragraph 440.15 . . .

GOMEZ- LUJANO, v. PALM BEACH GRILL- HOUSTON S RESTAURANT AND TRAVELERS INSURANCE,, 178 So. 3d 546 (Fla. Dist. Ct. App. 2015)

. . . Relying on the 104-week statutory limitation contained in paragraphs 440.15(2)(a) and 440.15(4)(b), Florida . . .

HAWKINS, SR. v. PUBLIX SUPER MARKETS, INC., 177 So. 3d 1045 (Fla. Dist. Ct. App. 2015)

. . . temporary partial disability (TPD) benefits based on a refusal of suitable employment under subsection 440.15 . . . Under paragraph 440.15(4)(a), Florida Statutes (2008), an injured employee or claimant is entitled to . . . establish entitlement to TPD benefits, but also that the E/C satisfied the requirements of subsection 440.15 . . . Subsection 440.15(6), however, provides that the disqualification applies only during the continuance . . . of a refusal of employment. § 440.15(6), Fla. . . .

FRANKEL, v. LOXAHATCHEE CLUB, INC., 179 So. 3d 384 (Fla. Dist. Ct. App. 2015)

. . . (1) Whether the Judge of Compensation Claims’ (JCC’s) apportionment findings, grounded in paragraph 440.15 . . . Paragraph 440.15(5)(b), Florida Statutes (2013), provides, in relevant part: If a compensable injury . . . Due to the strong presumption of the constitutional validity of paragraph 440.15(5)(b), it should not . . .

BABAHMETOVIC, v. SCAN DESIGN FLORIDA INC., 176 So. 3d 1006 (Fla. Dist. Ct. App. 2015)

. . . . ■ See § 440.15(5)(b), Fla. . . .

F. CRUZ, v. STATE DEPARTMENT OF LEGAL AFFAIRS, 189 So. 3d 145 (Fla. Dist. Ct. App. 2015)

. . . perspective of each treating, specialty, Claimant is no longer entitled to temporary disability benefits. ⅜§ 440.15 . . .

VANCAMP, v. DECISION HR INC. FWCIGA USIS,, 213 So. 3d 955 (Fla. Dist. Ct. App. 2015)

. . . On appeal in this Court, Appellant failed to establish that paragraph 440.15(4)(e), Florida Statutes . . .

SCHOOL BOARD OF LEE COUNTY v. HUBEN,, 165 So. 3d 865 (Fla. Dist. Ct. App. 2015)

. . . contravenes section 440.093(3), which reads: Subject to the payment of permanent benefits under s. 440.15 . . . s physical injury or injuries, which shall be included in the period of 104 weeks as provided in s. 440.15 . . . paid for more than 6 months after [the date of physical MMI]” — and the operative language in section 440.15 . . . Fla. 1st DCA 2008) (reaffirming that 104-week cap on temporary disability benefits, found in section 440.15 . . .

RAMIREZ, v. JORDA ENTERPRISES, INC., 164 So. 3d 1291 (Fla. Dist. Ct. App. 2015)

. . . On appeal in this court, Appellant failed to establish that Section 440.15(4)(e), Florida Statutes (2011 . . .

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

. . . Section 440.15(3)(c), Florida Statutes (2013), provides: Impairment income benefits are paid biweekly . . .

STAHL, v. HIALEAH HOSPITAL, 160 So. 3d 519 (Fla. Dist. Ct. App. 2015)

. . . (amending section 440.15(3)(c), Florida Statutes). . . .

CITY OF MIAMI BEACH v. MARTEN,, 153 So. 3d 963 (Fla. Dist. Ct. App. 2014)

. . . alleged late payment of impairment income benefits (IIBs) paid to Claimant by the E/SA under section 440.15 . . . All IIBs are based on the permanent impairment rating (PIR) attributable to the workplace injury. § 440.15 . . . Section 440.15(3)(a)l. provides that once the claimant reaches the date of maximum medical improvement . . .

O CONNOR, v. NORTH OKALOOSA MEDICAL CENTER, 152 So. 3d 843 (Fla. Dist. Ct. App. 2014)

. . . C acted on this MMI date by suspending all temporary disability benefits, as is required by section 440.15 . . .

RODRIGUEZ, v. SEARS HOLDINGS CORPORATIONS CMS,, 162 So. 3d 129 (Fla. Dist. Ct. App. 2014)

. . . (Fla. 1st DCA 2003) (“We hold that the termination of supplemental benefits pursuant to ... section 440.15 . . . (l)(f)l., Florida Statutes (1995) is not a reverse offset pursuant to section 440.15(10)-”). . . .

GIAIMO, v. FLORIDA AUTOSPORT, INC. d b a, 154 So. 3d 385 (Fla. Dist. Ct. App. 2014)

. . . . § 440.15(5)(b), Fla. Stat. . . . Lee was based on medically acceptable evidence under section 440.15(5)(b), which requires that the E/ . . .

VMS, INC. a k a VMS v. ALFONSO,, 147 So. 3d 1071 (Fla. Dist. Ct. App. 2014)

. . . and shall secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15 . . .

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

. . . He is receiving temporary total disability benefits under section 440.15(2), Florida Statutes (2011). . . . See § 440.15(2)(a), Fla. Stat. . . .

P. HOLL, III, v. UNITED PARCEL SERVICE, 140 So. 3d 1062 (Fla. Dist. Ct. App. 2014)

. . . Applying the “Scope-of-Subparts Canon,” sub-subsection 440.15(3)(c), Florida Statutes (2002), would apply . . . only to subsection (3), not to the rest of section 440.15. . . . impairment and wage-loss benefits”) and sub-subsection 440.15(3)(c) (“Duration of temporary impairment . . . , and supplemental income benefits”) would limit the application of the sentence in sub-subsection 440.15 . . . Finally, both subsections 440.15(2) and (4) contain express limitations on the duration of temporary . . . order denying him temporary total disability (TTD) benefits beyond the 401-week limitation in section 440.15 . . . See § 440.15(3)(a)3., Fla. Stat. (2002); Ch. 03-412, § 18,- at 3924, Laws of Fla. . . . See § 440.15(3)(b), Fla. Stat. (2002). . . . See § 440.15(2)(a) & (4)(b), Fla. Stat. (2002). . . . See § 440.15(3)(a)3., Fla. Stat. (2002). . . .

SARASOTA COUNTY SCHOOL BOARD v. ROBERSON,, 135 So. 3d 587 (Fla. Dist. Ct. App. 2014)

. . . benefits based solely on her physical limitations, relying on the following language found in section 440.15 . . . available within a 100-mile radius of the injured employee’s residence due to physical limitation.” § 440.15 . . . This Court held that “[sjection 440.15(l)(b)[, Florida Statutes (Supp. 1980),] does not preclude PTD . . . Specifically, the Childers Court stated that “[ujnder the pre-1994 version of section 440.15(l)(b), [ . . . The pertinent language in the current version of section 440.15(l)(b)[, Florida Statutes (2004),] is . . .

SOUTHEAST MILK ZURICH NORTH AMERICA, v. W. FISHER,, 135 So. 3d 582 (Fla. Dist. Ct. App. 2014)

. . . alia, declining to determine whether Claimant had been discharged for misconduct, given that section 440.15 . . .

WHITE, v. STATE, 134 So. 3d 1134 (Fla. Dist. Ct. App. 2014)

. . . obligated to pay some amount of impairment benefits to satisfy its liabilities incurred under section 440.15 . . . Section 440.15(8)(a) provides, however, that impairment benefits are payable when the employee reaches . . . Further, impairment benefits are payable upon establishment of a “permanent impairment.” § 440.15(3)( . . .

ANDINO- RIVERA, v. SOUTHEAST ATLANTIC BEVERAGE COMPANY GALLAGHER BASSETT SERVICES, INC., 132 So. 3d 1191 (Fla. Dist. Ct. App. 2014)

. . . See § 440.15(4)(a), Fla. . . .

PENA, v. DESIGN- BUILD INTERAMERICAN, INC., 132 So. 3d 1179 (Fla. Dist. Ct. App. 2014)

. . . shall secure, the payment to his or her employees ... of the compensation payable under ss. 440.13, 440.15 . . .

WESTPHAL, v. CITY OF ST. PETERSBURG CITY OF ST. PETERSBURG RISK MANAGEMENT,, 122 So. 3d 440 (Fla. Dist. Ct. App. 2013)

. . . Section 440.15(2)(a) of the Workers’ Compensation Law provides that a disabled worker is eligible for . . . By the plain language of section 440.15(2)(a), an injured worker who is still totally disabled at the . . . Section 440.15(2)(a) of the Workers’ Compensation Law provides that an injured worker who is totally . . . See § 440.15(2)(a), Fla. Stat. (Supp.1994). . . . See § 440.15(2)(a), Fla. Stat. (1993). . . . settled precedent and, contrary to the original panel opinion, does not render any portion of section 440.15 . . . made clear that their first preference was for the court to reaffirm the interpretation of section 440.15 . . . It is unclear whether the majority elected to reinterpret section 440.15 in order to avoid declaring . . . See § 440.15(l)(b), Fla. Stat. . . . If we were to construe section 440.15(3)(a)4. . . . See §§ 440.15(2)(a), 4(e), Fla. Stat. (2009); Okeechobee Health Care v. . . . Section 440.15(2)(a), Florida Statutes (2009), provides that "in case of disability total in character . . . Section 440.15(4)(e), Florida Statutes (2009), provides that temporary partial disability benefits "shall . . .

GODING, v. CITY OF BOCA RATON, 121 So. 3d 1117 (Fla. Dist. Ct. App. 2013)

. . . to receiving PTD benefits, Claimant received PTD supplemental benefits, as provided for in section 440.15 . . . Section 440.15(l)(e)l., Florida Statutes (Supp.1992), which provides for PTD supplemental benefits, states . . .

MIAMI DADE COUNTY SCHOOL BOARD v. SMITH,, 116 So. 3d 511 (Fla. Dist. Ct. App. 2013)

. . . Claimant sufficiently established his entitlement to PTD benefits under the standards set forth in section 440.15 . . .

PHILLIPS- HUTER, v. AMSTAFF HUMAN RESOURCES LIBERTY MUTUAL FIRE INSURANCE COMPANY,, 116 So. 3d 466 (Fla. Dist. Ct. App. 2013)

. . . various methods by which a claimant may establish entitlement to PTD benefits, as set forth in section 440.15 . . .

LOPEZ, v. A. DUDA SONS, INC., 109 So. 3d 1277 (Fla. Dist. Ct. App. 2013)

. . . .” § 440.15(1), Fla. Stat. (2010). . . . 381, 334 (Fla. 1st DCA 2011) (“This court has stated that the legal question presented under section 440.15 . . .

ESCAMBIA COUNTY SCHOOL DISTRICT BOARD, v. VICKERY- ORSO,, 109 So. 3d 1242 (Fla. Dist. Ct. App. 2013)

. . . Section 440.15(l)(a), Florida Statutes (2007), states that the compensation rate for PTD benefits is . . .

SHEAFFER, v. PUBLIX SUPER MARKETS, INC. HARTFORD,, 109 So. 3d 308 (Fla. Dist. Ct. App. 2013)

. . . maintain her psychiatric condition, the JCC failed to take into proper account the provisions of section 440.15 . . .

BUTTRICK, v. BY THE SEA RESORTS, INC., 108 So. 3d 658 (Fla. Dist. Ct. App. 2013)

. . . See § 440.15(1)(b)1.-5., Fla. Stat. (2007). . . . to engage in at least sedentary employment, within a 50-mile radius of the employee’s residence.” § 440.15 . . .

EATON, v. CITY OF WINTER HAVEN PGCS,, 101 So. 3d 405 (Fla. Dist. Ct. App. 2012)

. . . Section 440.15(5)(b), Florida Statutes (2008), addresses apportionment of permanent indemnity benefits . . . See § 440.15(5)(b), Fla. Stat. (2008). . . .

THAYER, v. CHICO S FAS, INC., 98 So. 3d 766 (Fla. Dist. Ct. App. 2012)

. . . See § 440.15(4)(e), Fla. Stat. (2009). . . .

GOMEZ LAWN SERVICE, INC. v. THE HARTFORD,, 98 So. 3d 212 (Fla. Dist. Ct. App. 2012)

. . . and shall secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15 . . .

BERMAN, v. DILLARD S, 91 So. 3d 875 (Fla. Dist. Ct. App. 2012)

. . . In this workers’ compensation appeal, Appellant/Claimant challenges the constitutionality of section 440.15 . . . Claimant contends that, because the cessation of PTD benefits under section 440.15(l)(b) discriminates . . . Section 440.15(l)(b), Florida Statutes (2003), classifies the entitlement to PTD benefits by age of the . . . Regarding age classifications in section 440.15, the Florida Supreme Court has stated, “[t]he ‘rational . . . As Claimant conceded at oral argument, section 440.15(l)(b) passes the Kluger test and does not violate . . .

NEWICK, v. WEBSTER TRAINING CENTER, 78 So. 3d 108 (Fla. Dist. Ct. App. 2012)

. . . Paradise Ford, 951 So.2d 12 (Fla. 1st DCA 2007), incorrectly interpreted section 440.15(5)(b), Florida . . . By conflating section 440.15(5)(b) with section 440.42(4), Florida Statutes, our court has confused the . . . employer/carrier (“E/C”) was entitled to avail itself of the apportionment defense provided for in section 440.15 . . . concluded that the E/C was entitled to avail itself of the apportionment defense provided for in section 440.15 . . . Pursuant to section 440.15(5)(b), Florida Statutes (2009), “If a compensable injury, disability, or need . . . failing to apportion the indemnity and medical benefits awarded to the claimant as required by section 440.15 . . . underlying Pearson and Proctor to be equally applicable in the apportionment context under section 440.15 . . .

DIOCESE OF ST. PETERSBURG v. CAYER,, 79 So. 3d 82 (Fla. Dist. Ct. App. 2011)

. . . The controlling statute is section 440.15(1), Florida Statutes (2008). . . . employee cannot prove he or she sustained one of the enumerated catastrophic injuries listed in section 440.15 . . . employment, within a 50-mile radius of the employee’s residence, due to his or her physical limitation.” § 440.15 . . .

BALLARD, v. EDD HELMS GROUP, 79 So. 3d 88 (Fla. Dist. Ct. App. 2011)

. . . See § 440.15(10)(a), Fla. . . .

GLINSKI, v. PAN AMERICAN BANK CNA,, 79 So. 3d 781 (Fla. Dist. Ct. App. 2011)

. . . See § 440.15(l)(e)2.b., Fla. Stat. (1983). . . . Section 440.15(l)(e)2.b., Florida Statutes (1983), provides: The division shall provide by rule for the . . .

MATRIX EMPLOYEE LEASING, INC. v. HADLEY,, 78 So. 3d 621 (Fla. Dist. Ct. App. 2011)

. . . Section 440.15, Florida Statutes, governs the payment of disability benefits to injured employees. . . . .” § 440.15(1)-(2), Fla. Stat. (2006) (emphasis added). . . . .” § 440.15(l)(b), Fla. Stat. (“In no other case may [PTD] be awarded.”). . . . See § 440.15(3)(g), Fla. Stat. . . . If we were to construe section 440.15(3)(a)4. . . . Section 440.15(2)(a) of the Workers’ Compensation Law provides that an injured worker who is totally . . . Section 440.15(2)(a), the subsection that sets the 104-week limit on eligibility for temporary total . . . It follows that the permanent impairment rating required by section 440.15(3)(d) is the equivalent of . . . See § 440.15(2)(a), Fla. Stat. (Supp. 1994). . . . See § 440.15(2)(a), Fla. Stat. (1993). . . . Under the current statute, temporary total disability benefits have been reduced to 104 weeks, section 440.15 . . . 114, 116 (Fla. 1st DCA 1982) (upholding against an access to courts challenge an amendment to section 440.15 . . . about potential constitutional concerns in the context of the apportionment of benefits under section 440.15 . . . , a significant number of injured workers receive significantly reduced benefits because of section 440.15 . . .

WEST, v. UNIVERSITY OF MIAMI, 69 So. 3d 398 (Fla. Dist. Ct. App. 2011)

. . . See § 440.15(4), Fla. Stat. (2005). . . .

REPUBLIC WASTE SERVICES, INC. EAST BAY SANITATION SERVICES CCMSI, v. RICARDO,, 68 So. 3d 934 (Fla. Dist. Ct. App. 2011)

. . . Section 440.15(4), Florida Statutes (2009), which provides for the payment of temporary, partial disability . . . forms and procedures governing the method and time for payment of temporary disability benefits.” § 440.15 . . .

LUCAS, v. ADT SECURITY INC. SEDGWICK CMS,, 65 So. 3d 616 (Fla. Dist. Ct. App. 2011)

. . . . § 440.15(2), Fla. Stat. (2006). . . . .” § 440.15(4), Fla. Stat. (2006). . . .

HDV CONSTRUCTION SYSTEMS, INC. v. E. ARAGON,, 66 So. 3d 331 (Fla. Dist. Ct. App. 2011)

. . . See § 440.15(l)(b)5., Fla. Stat. (2007). . . . This court has stated that the legal question presented under section 440.15(l)(b)5. is not merely whether . . .

MORRISON, v. STATE DEPARTMENT OF VETERAN S AFFAIRS, 62 So. 3d 686 (Fla. Dist. Ct. App. 2011)

. . . See § 440.15(4), Fla. Stat. (2007). . . .

MARTINEZ, v. LAKE PARK AUTO BROKERS, INC. C I Co, AIG SB,, 60 So. 3d 533 (Fla. Dist. Ct. App. 2011)

. . . Section 440.15(l)(b), Florida Statutes (2006), provides that an injured employee may prove entitlement . . .

JOHNSON, v. UNITED STATES,, 97 Fed. Cl. 560 (Fed. Cl. 2011)

. . . . §§ 440.3, 440.15. . . .

JEWELL, v. GEVITY HR, 57 So. 3d 918 (Fla. Dist. Ct. App. 2011)

. . . Merrell, 43 So.3d 792, 795-96 (Fla. 1st DCA 2010), we held section 440.15(5)(b), Florida Statutes (2008 . . . Section 440.15(5)(b) allows for apportionment only “[i]f a com-pensable injury, disability, or need for . . . Merger, however, is defined in section 440.15(5)(b) as: the combining of a preexisting permanent impairment . . . The 2006 version of section 440.15(5)(b) applicable in this case is identical. . . .

LANGEVIN, v. FIRST UNION NATIONAL BANK, 60 So. 3d 426 (Fla. Dist. Ct. App. 2011)

. . . failed to satisfy the five-step sequential inquiry used to establish catastrophic injury under section 440.15 . . .

VAN DYKE, v. MATRIX EMPLOYEE LEASING FWCIGA FCIC c o USIS,, 54 So. 3d 642 (Fla. Dist. Ct. App. 2011)

. . . See § 440.15(4)(a), Fla. . . .

STAHL, v. TENET HEALTH SYSTEMS, INC. d b a, 54 So. 3d 538 (Fla. Dist. Ct. App. 2011)

. . . See § 440.15(3)(g)l, Fla. . . . plaintiffs first amended complaint was a declaratory judgment action seeking a finding that section 440.15 . . . The plaintiff claimed that section 440.15(3) eliminated (for someone with his level of disability) his . . . See, e.g., § 440.15(3)(b)l.a, Fla. . . . In fact, the plaintiff concedes that his constitutional challenge to section 440.15(3) could have been . . .

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

. . . and wage loss, albeit at different levels, §§ 440.12, .13, and it includes disability compensation, § 440.15 . . .

EAST, v. CVS PHARMACY, INC., 51 So. 3d 516 (Fla. Dist. Ct. App. 2010)

. . . received temporary partial disability (“TPD”) benefits for the full 104-week period allowed under section 440.15 . . .

EKECHI, v. FIRST AMERICA FIRST STUDENT, 49 So. 3d 335 (Fla. Dist. Ct. App. 2010)

. . . Computer Science Raytheon, 36 So.3d 754, 757 (Fla. 1st DCA 2010) (noting that section 440.15(12), Florida . . .

HERNANDEZ, v. GEO GROUP, INC. SPECIALTY RISK SERVICES,, 46 So. 3d 1123 (Fla. Dist. Ct. App. 2010)

. . . See § 440.15(l)(b)5., Fla. . . . See § 440.15(3)(b), Fla. . . .

CRUM v. RICHMOND,, 46 So. 3d 633 (Fla. Dist. Ct. App. 2010)

. . . (amending § 440.15(2), (4), Fla. Stat.). We explained in City of Pensacola Firefighters v. . . .

JONES, v. CITY OF ST. PETERSBURG,, 46 So. 3d 637 (Fla. Dist. Ct. App. 2010)

. . . The carrier shall thereafter pay compensation in biweekly installments or as otherwise provided in s. 440.15 . . .

ROTO- ROOTER SERVICES CO. v. SEPULVEDA,, 46 So. 3d 122 (Fla. Dist. Ct. App. 2010)

. . . See § 440.15(4)(e), Fla. Stat. (2005). . . .

CITY OF VENICE PGCS, v. VAN DYKE,, 46 So. 3d 115 (Fla. Dist. Ct. App. 2010)

. . . The 1996 Florida Uniform Permanent Impairment Rating Schedule (enacted pursuant to section 440.15(3)( . . .

BRAUN, v. BREVARD COUNTY,, 44 So. 3d 1216 (Fla. Dist. Ct. App. 2010)

. . . See § 440.15(5)(a), Fla. . . .

BLAKE, v. MERCK COMPANY, INCORPORATED SPECIALTY RISK SERVICES,, 43 So. 3d 882 (Fla. Dist. Ct. App. 2010)

. . . Under the version of section 440.15(l)(b) applicable to this 2004 date of accident, a claimant not presumptively . . . employment, within a 50-mile radius of the employee’s residence, due to his or her physical limitation.” § 440.15 . . .

STAFFMARK v. MERRELL,, 43 So. 3d 792 (Fla. Dist. Ct. App. 2010)

. . . In particular, I agree that there is nothing unclear or ambiguous about section 440.15(5)(b); that, as . . . result, there is no reason to resort to statutory construction; and that, by its clear language, section 440.15 . . . I write to express my concerns about what I perceive is likely to be the impact of section 440.15(5)( . . . I fear that section 440.15(5)(b), as currently written, will frustrate, rather than further, that intent . . . For the reasons I have expressed, I believe section 440.15(5)(b) to be ill-advised. . . . failing to apportion the indemnity and medical benefits awarded to Claimant, as required by section 440.15 . . . In 2003, the Legislature amended section 440.15(5), Florida Statutes. . . . Consequently, we find section 440.15(5)(b) now allows for the apportionment of all indemnity benefits . . . The second sentence of section 440.15(5)(b) addresses apportionment of permanent indemnity benefits, . . . See §§ 440.15(2)(a), (4)(a), Fla. Stat (2008). . . .

ALIE, v. CRUM STAFFING, INC., 41 So. 3d 1007 (Fla. Dist. Ct. App. 2010)

. . . To make this determination, the JCC should apply the statutory formula in section 440.15(4)(a), as well . . . as the language in section 440.15(7) which states that “[i]f the employee leaves her or his employment . . . Even if section 440.15(7) was not applicable on remand because it had not been specifically raised as . . . Section 440.15(4)(a) provides that TPD benefits are payable at the rate of 80% of the difference between . . . Genesis Health, Inc., 917 So.2d 276, 277 (Fla. 1st DCA 2005) (explaining that “section 440.15(4)(a), . . . sufficient to preclude temporary partial disability benefits under the formula set forth in section 440.15 . . .

MATTHEWS, v. NATIONAL PUMP COMPRESSOR,, 41 So. 3d 982 (Fla. Dist. Ct. App. 2010)

. . . On remand, the JCC, in determining Claimant’s entitlement to TPD benefits, shall consider section 440.15 . . .

ELIAS, v. WORLD WIDE CONCESSIONS, LLC d b a, 41 So. 3d 304 (Fla. Dist. Ct. App. 2010)

. . . the JCC render a ruling on the correct rate of impairment income benefits payable pursuant to section 440.15 . . . relationship to the agreed upon average weekly wage, and appears deficient under any reading of section 440.15 . . . to benefits, the carrier shall pay compensation directly to the employee as required by §§ 440.14, 440.15 . . .

WYETH PHARMA FIELD SALES v. TOSCANO,, 40 So. 3d 795 (Fla. Dist. Ct. App. 2010)

. . . has been released to perform restricted work); cf. section 440.15(2)(a) (stating TTD benefits are payable . . . absolute prohibition, on the injured employee’s ability to return to work, as argued by the E/SA. § 440.15 . . . See section 440.15(4)(a), Florida Statutes (providing compensation shall be equal to 80 percent of the . . . It was subsequent to Ahles, that the Legislature amended section 440.15(4) to create an absolute bar . . . to TPD benefits to those employees terminated from post-injury employment for "misconduct.” § 440.15( . . .

GAUTHIER, v. FLORIDA INTERNATIONAL UNIVERSITY, 38 So. 3d 221 (Fla. Dist. Ct. App. 2010)

. . . Pursuant to section 440.15(3)(a), Florida Statutes (2005), once an employee reaches MMI, impairment benefits . . . to notify the treating doctor of its obligation to certify a date of MMI and an impairment rating. § 440.15 . . . See § 440.15(3)(d), Fla. Stat. . . . See § 440.15(3), Fla. Stat. . . . See § 440.15(3)(d), Fla. Stat. (2005). . . .

RAMCHARITAR, v. DEROSINS a, 35 So. 3d 94 (Fla. Dist. Ct. App. 2010)

. . . and shall secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15 . . .

CARCAMO, v. BUSINESS REPRESENTATION INTERNATIONAL, 37 So. 3d 901 (Fla. Dist. Ct. App. 2010)

. . . See § 440.15(4)(a), Fla. Stat. (2006). Had the JCC accepted Dr. . . . See § 440.15(6), Fla. . . .

L. JACKSON, v. COMPUTER SCIENCE RAYTHEON CNA, 36 So. 3d 754 (Fla. Dist. Ct. App. 2010)

. . . See § 440.15(12), Fla. Stat. (2008). . . .

MENESES, v. CITY FURNITURE, 34 So. 3d 71 (Fla. Dist. Ct. App. 2010)

. . . See § 440.15(3)(a)-(d), Fla. Stat. (2002). . . . requirements pertaining to an employee’s entitlement to supplemental income benefits pursuant to section 440.15 . . . time that the employee fails to timely file his request for wage loss and the job search reports. § 440.15 . . . The statutory provision at issue here relates to supplemental income benefits. § 440.15(3)(b), Fla. . . . obtain repayment of any overpayment in accordance with paragraph (3)(d) of this rule and pursuant to s. 440.15 . . .

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

. . . its request to apply a fifty-percent reduction to Claimant’s impairment benefits pursuant to section 440.15 . . . Claimant impairment benefits pursuant to the fifty-percent earned income reduction provided in section 440.15 . . . Accordingly, the question presented is whether section 440.15(3)(c) requires a causal connection between . . . The pertinent language of section 440.15(3)(c), Florida Statutes (2005), provides: Impairment income . . . We agree with the JCC that section 440.15(3)(c) is clear and unambiguous. . . .

HARRELL, v. CITRUS COUNTY SCHOOL BOARD FSBIT, 25 So. 3d 675 (Fla. Dist. Ct. App. 2010)

. . . See § 440.15(2)(a), Fla. . . .

HOLLAND, v. CHENEY BROTHERS, INC. St., 22 So. 3d 648 (Fla. Dist. Ct. App. 2009)

. . . On appeal, Claimant does not raise a substantive argument as to the JCCs application of section 440.15 . . .

MOORE, v. SERVICEMASTER COMMERCIAL SERVICES, 19 So. 3d 1147 (Fla. Dist. Ct. App. 2009)

. . . temporary partial disability (TPD); and the forfeiture of benefits under the defense found in section 440.15 . . . See § 440.15(4)(a), Fla. . . . See § 440.15(6), Fla. Stat. (2006). . . . See § 440.15(6), Fla. Stat. (2006). . . . See § 440.15(6), Fla. Stat. (2006); see also Kelley, 900 So.2d at 669. . . .

B. GARCIA, v. FENCE MASTERS, INC. AIG, 16 So. 3d 200 (Fla. Dist. Ct. App. 2009)

. . . See § 440.15(l)(b)5., Fla. Stat. (2005). . . .

MIESES, v. APPLEBEE S, 14 So. 3d 1228 (Fla. Dist. Ct. App. 2009)

. . . . § 440.15(2)(a), (4)(b), Fla. Stat. (2003). . . .

PEPSI BOTTLING GROUP, INC. v. J. UNDERWOOD,, 8 So. 3d 1260 (Fla. Dist. Ct. App. 2009)

. . . Petitioners filed a motion for repayment of all TTD benefits paid during this period pursuant to section 440.15 . . .

MITCHELL, v. XO COMMUNICATIONS Co. St. Co., 3 So. 3d 1278 (Fla. Dist. Ct. App. 2009)

. . . See § 440.15(5)(b), Fla. Stat. (2000); see also Holiday Inn v. . . .

ADVANCED MASONRY SYSTEMS PMA v. MOLINA,, 4 So. 3d 62 (Fla. Dist. Ct. App. 2009)

. . . parties stipulated that Claimant suffered a qualifying, threshold “catastrophic injury” under section 440.15 . . . See § 440.15(l)(b), Fla. Stat. (2001). . . . See § 440.15(l)(b), Fla. Stat.; see also Home Depot v. Turner, 820 So.2d 1075 (Fla. 1st DCA 2002). . . . See § 440.15(7), Fla. Stat. (2001). . . . See § 440.15(7), Fla. Stat. (2001). . . .