Florida Statute 440.151 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.151

440.151 Occupational diseases.—

(1)(a) Where the employer and employee are subject to the provisions of the Workers’ Compensation Law, the disablement or death of an employee resulting from an occupational disease as hereinafter defined shall be treated as the happening of an injury by accident, notwithstanding any other provisions of this chapter, and the employee or, in case of death, the employee’s dependents shall be entitled to compensation as provided by this chapter, except as hereinafter otherwise provided; and the practice and procedure prescribed by this chapter shall apply to all proceedings under this section, except as hereinafter otherwise provided. Provided, however, that in no case shall an employer be liable for compensation under the provisions of this section unless such disease has resulted from the nature of the employment in which the employee was engaged under such employer, was actually contracted while so engaged, and the nature of the employment was the major contributing cause of the disease. Major contributing cause must be shown by medical evidence only, as demonstrated by physical examination findings and diagnostic testing. “Nature of the employment” means that in the occupation in which the employee was so engaged there is attached a particular hazard of such disease that distinguishes it from the usual run of occupations, or the incidence of such disease is substantially higher in the occupation in which the employee was so engaged than in the usual run of occupations. In claims for death under s. 440.16, death must occur within 350 weeks after last exposure. Both causation and sufficient exposure to a specific harmful substance shown to be present in the workplace to support causation shall be proven by clear and convincing evidence.

(b) No compensation shall be payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represents herself or himself in writing as not having previously been disabled, laid off or compensated in damages or otherwise, because of such disease.

(c) Where an occupational disease is aggravated by any other disease or infirmity, not itself compensable, or where disability or death from any other cause, not itself compensable, is aggravated, prolonged, accelerated or in anywise contributed to by an occupational disease, the compensation shall be payable only if the occupational disease is the major contributing cause of the injury. Any compensation shall be reduced and limited to such proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death as such occupational disease, as a causative factor, bears to all the causes of such disability or death, such reduction in compensation to be effected by reducing the number of weekly or monthly payments or the amounts of such payments, as under the circumstances of the particular case may be for the best interest of the claimant or claimants. Major contributing cause must be demonstrated by medical evidence based on physical examination findings and diagnostic testing.

(d) No compensation for death from an occupational disease shall be payable to any person whose relationship to the deceased, which under the provisions of this Workers’ Compensation Law would give right to compensation, arose subsequent to the beginning of the first compensable disability, save only to afterborn children of a marriage existing at the beginning of such disability.

(e) No compensation shall be payable for disability or death resulting from tuberculosis arising out of and in the course of employment by the Department of Health at a state tuberculosis hospital, or aggravated by such employment, when the employee had suffered from said disease at any time prior to the commencement of such employment.

(2) Whenever used in this section the term “occupational disease” shall be construed to mean only a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process, or employment, and to exclude all ordinary diseases of life to which the general public is exposed, unless the incidence of the disease is substantially higher in the particular trade, occupation, process, or employment than for the general public. “Occupational disease” means only a disease for which there are epidemiological studies showing that exposure to the specific substance involved, at the levels to which the employee was exposed, may cause the precise disease sustained by the employee.

(3) Except as otherwise provided in this section, “disablement” means disability as described in s. 440.02(15).

(4) This section shall not apply to cases of occupational disease in which the last injurious exposure to the hazards of such disease occurred before this section shall have taken effect.

(5) Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease, and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer, shall alone be liable therefor, without right to contribution from any prior employer or insurance carrier; and the notice of injury and claim for compensation, as hereinafter required, shall be given and made to such employer; provided, however, that in case of disability from any dust disease the only employer and insurance carrier liable shall be the last employer in whose employment the employee was last injuriously exposed to the hazards of the disease for a period of at least 60 days.

(6) The time for notice of injury or death provided in s. 440.185(1) shall be extended in cases of occupational diseases to a period of 90 days.

History.—s. 1, ch. 22852, 1945; s. 1, ch. 23921, 1947; s. 11, ch. 25035, 1949; s. 3, ch. 28241, 1953; s. 1, ch. 65-116; ss. 19, 35, ch. 69-106; ss. 10, 24, ch. 74-197; s. 23, ch. 78-300; ss. 11, 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 111, ch. 97-103; s. 53, ch. 99-5; s. 210, ch. 99-8; s. 19, ch. 2003-412; s. 97, ch. 2023-8.

F.S. 440.151 on Google Scholar

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Amendments to 440.151

Arrestable Offenses / Crimes under Fla. Stat. 440.151

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.151.

Annotations, Discussions, Cases:

Cases Citing Statute 440.151

Total Results: 20

Seminole County, Florida and Johns Eastern Company, Inc. v. Braden

Court: District Court of Appeal of Florida | Date Filed: 2023-12-13

Snippet: compensability of his condition. See §§ 440.02(1), 440.09, 440.151, Fla. Stat. 3 Yet Braden did not assert the

City of Jacksonville v. Ratliff

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 217 So. 3d 183, 2017 Fla. App. LEXIS 5201

Snippet: action pursuant to section 440.151, Florida Statutes. Under section 440.151, a claimant was under the

Scherer v. Volusia County Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2015-07-07

Citation: 171 So. 3d 135

Snippet: happening of an injury by accident. ...’ Section 440.151(1), Florida Statutes (1969).” Hoppe v. City of

Leon Smith v. City of Daytona Beach Police Dept./City of etc.

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

Citation: 143 So. 3d 436, 2014 WL 3466907

Snippet: disease results in disability. See § 440.151(l)(a), Fla. Stat. (2012) (“[T]he disablement or

Walters v. State-DOC/Division of Risk Management

Court: District Court of Appeal of Florida | Date Filed: 2012-10-16

Citation: 100 So. 3d 1173, 2012 WL 4872654, 2012 Fla. App. LEXIS 17887

Snippet: disease in the manner contemplated by section 440.151, Florida Statutes (2009). In his single point on

Rocha v. City of Tampa

Court: District Court of Appeal of Florida | Date Filed: 2012-10-10

Citation: 100 So. 3d 138, 2012 WL 4800990, 2012 Fla. App. LEXIS 17309

Snippet: ” § 440.02(13), Fla. Stat. (2009); see also § 440.151(3) (defining “disablement,” for purposes of determining

City of Pembroke Pines v. Ortagus

Court: District Court of Appeal of Florida | Date Filed: 2010-11-02

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

Snippet: the major contributing cause of the disease." § 440.151(1)(a), Fla. Stat. (2004). The occupational disease

Fuller v. Okaloosa Correctional Institution

Court: District Court of Appeal of Florida | Date Filed: 2009-11-24

Citation: 22 So. 3d 803, 2009 Fla. App. LEXIS 17537, 2009 WL 4030845

Snippet: occupational causation by medical evidence. See § 440.151(1), Fla. Stat. (2007) (requiring claimant to prove

Fidelity & Guaranty Insurance v. Polk County

Court: District Court of Appeal of Florida | Date Filed: 2009-08-14

Citation: 20 So. 3d 383, 2009 Fla. App. LEXIS 11324, 2009 WL 2476525

Snippet: because it did not apply the provisions of section 440.151(5), Florida Statutes (1999),[1] that clearly make

Orange County Fire Rescue v. Jones

Court: District Court of Appeal of Florida | Date Filed: 2007-06-21

Citation: 959 So. 2d 785, 2007 WL 1792328

Snippet: of disablement from the disease. Id. (citing § 440.151(1)(a), Fla. Stat. (1991) and (1997)) (other citations

City of Port Orange v. Sedacca

Court: District Court of Appeal of Florida | Date Filed: 2007-04-10

Citation: 953 So. 2d 727, 2007 Fla. App. LEXIS 5196, 2007 WL 1047397

Snippet: as an occupational disease pursuant to section 440.151, Florida Statutes. Coverage Under the Workers'

Flamily v. City of Orlando

Court: District Court of Appeal of Florida | Date Filed: 2006-02-23

Citation: 924 So. 2d 78, 2006 WL 406926

Snippet: Corp., 398 So.2d 902, 904 (Fla. 1st DCA 1981); § 440.151(2), Fla. Stat. (2000). Here, the record supports

Seminole County Government v. Bartlett

Court: District Court of Appeal of Florida | Date Filed: 2006-01-31

Citation: 933 So. 2d 550, 2006 WL 220153

Snippet: is an occupational disease pursuant to section 440.151(2), Florida Statutes. The statutory criteria to

POLK COUNTY BOARD OF COUNTY COM'RS v. Ross

Court: District Court of Appeal of Florida | Date Filed: 2005-09-22

Citation: 911 So. 2d 854, 2005 WL 2297535

Snippet: the initial manifestation of an injury. Section 440.151(6) extends the period of time to report an occupational

City of Mary Esther v. McArtor

Court: District Court of Appeal of Florida | Date Filed: 2005-06-07

Citation: 902 So. 2d 942, 2005 WL 1330047

Snippet: 1231, 1233 (Fla. 1st DCA 1986). Under section 440.151(5), Florida Statutes, the carrier on risk at the

City of Cooper City v. Farthing

Court: District Court of Appeal of Florida | Date Filed: 2005-05-27

Citation: 905 So. 2d 925, 2005 WL 1248969

Snippet: an occupational disease, as defined in section 440.151, Florida Statutes (2000), which requires a claimant

James v. ARMSTRONG WORLD INDUSTRIES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2003-12-31

Citation: 864 So. 2d 1132, 2003 WL 23094733

Snippet: cases of occupational disease as defined in FS 440.151, the AWW is properly calculated using the "date

Florida Power Corp. v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2003-11-21

Citation: 863 So. 2d 364, 2003 Fla. App. LEXIS 17723, 2003 WL 22734831

Snippet: resulting from an occupational disease. See § 440.151(1)(a), Fla. Stat. (2000). It is well settled that

Michels v. Orange County Fire/Rescue

Court: District Court of Appeal of Florida | Date Filed: 2002-04-22

Citation: 819 So. 2d 158, 2002 WL 649354

Snippet: was exposed to the hazards of the disease. See § 440.151(1)(a), Fla. Stat. (1991) and (1997) ("disablement

Michels v. Orange County Fire/Rescue

Court: District Court of Appeal of Florida | Date Filed: 2002-01-18

Citation: 804 So. 2d 557, 2002 Fla. App. LEXIS 271, 2002 WL 63334

Snippet: was exposed to the hazards of the disease. See § 440.151(l)(a), Fla. Stat. (1991) and (1997) (“disablement