Florida Statutes

Fla. Stat. § 440.151 (2025)

Occupational diseases.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 72 cases (2 in the last 5 years), 1949–2025 · leading case: City of Port Orange v. Sedacca, 953 So. 2d 727 (Fla. 1st DCA 2007).

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City of Port Orange v. Sedacca, 953 So. 2d 727 (Fla. 1st DCA 2007). · cites it 40× “" § 440.151, Fla. Stat. Since section 440.151 defines disablement, this statutory language means hypertension (or any other disease or medical condition where employment is the major contributing cause) will not qualify as an occupational disease unless Claimant meets the…”

Wood v. Harry Harmon Insulation, 511 So. 2d 690 (Fla. 1st DCA 1987). · cites it 23× “After this diagnosis, the employee filed a claim for workers' compensation benefits against Harry Harmon Insulation pursuant to the occupational disease statute, section 440.151, Florida Statutes. He sought temporary total disability benefits from the date of diagnosis, medical…”

Broward Indus. Plating, Inc. v. Weiby, 394 So. 2d 1117 (Fla. 1st DCA 1981). · cites it 6× “*1119 Under § 440.151, Fla. Stat., the following elements must be proven by a claimant to show that he is entitled to compensation for an occupational disease: (1) the disease must be actually caused by employment conditions that are characteristic of and peculiar to a…”

City of Pembroke Pines v. Ortagus, 50 So. 3d 31 (Fla. 1st DCA 2010). · cites it 5× “But once compensability is established, nothing in section 440.151, or elsewhere in chapter 440, conditions the receipt of medical benefits on continued disability, or limits payment of medical benefits to only the period of disability.”

Hoppe v. City of Lakeland, 691 So. 2d 585 (Fla. 1st DCA 1997). · cites it 8× “151(3), Florida Statutes (1969). "[T]he disablement or death of an employee resulting from an occupational disease *587 .”

Am. Beryllium Co. v. Stringer, 392 So. 2d 1294 (Fla. 1981). · cites it 6× “" Section 440.151(1), Florida Statutes (1969).”

City of Cooper City v. Farthing, 905 So. 2d 925 (Fla. 1st DCA 2005). · cites it 6× “Following two evidentiary hearings, the judge of compensation claims (JCC) decided Farthing had satisfactorily established that he suffered from an occupational disease, as defined in section 440.151, Florida Statutes (2000), which requires a claimant to satisfy all of the…”

Walters v. State-DOC/Div. of Risk Mgmt., 100 So. 3d 1173 (Fla. 1st DCA 2012). · cites it 6× “The same order also said that the appellant had not proven that viral gastroenteritis was an occupational disease in the manner contemplated by section 440.151, Florida Statutes (2009).”

Watkins Engineers & Constructors v. Wise, 698 So. 2d 294 (Fla. 1st DCA 1997). · cites it 6× “The employer, Watkins Engineers & Constructors, and insurance carrier, Gallagher Bassett (collectively, the E/C), appeal an order of the judge of compensation claims (JCC) finding claimant, Charles Wise, to be permanently and totally disabled (PTD) as a result of his chronic…”

Sledge v. City of Fort Lauderdale, 497 So. 2d 1231 (Fla. 1st DCA 1986). · cites it 4× “1980); and Section 440.151, Florida Statutes (1985) ("the disablement or death of an employee resulting from an occupational disease .”

City of Jacksonville v. Ratliff, 217 So. 3d 183 (Fla. 1st DCA 2017). · cites it 10× “At the time of the enactment of the “heart-lung” bill in 1965, workers’ compensation law provided for an occupational diseases cause of action pursuant to section 440.151, Florida Statutes. Under section 440.”

Tokyo House, Inc. v. Hsin Chu, 597 So. 2d 348 (Fla. 1st DCA 1992). · cites it 4× “See § 440.151, Fla. Stat. (1945). This new provision created several distinctions between occupational diseases and injuries from traditional accidents.”

Show all 72 citing cases →

— 440.151(1) — 10 cases

Fuller v. Okaloosa Corr. Inst., 22 So. 3d 803 (Fla. 1st DCA 2009).

Scherer v. Volusia Cnty. Dep't of Corr., 171 So. 3d 135 (Fla. 1st DCA 2015).

Am. Beryllium Co. v. Stringer, 392 So. 2d 1294 (Fla. 1981). “" Section 440.151(1), Florida Statutes (1969).”

Hoppe v. City of Lakeland, 691 So. 2d 585 (Fla. 1st DCA 1997). “151(3), Florida Statutes (1969). "[T]he disablement or death of an employee resulting from an occupational disease *587 .”

City of Port Orange v. Sedacca, 953 So. 2d 727 (Fla. 1st DCA 2007). “" § 440.151, Fla. Stat. Since section 440.151 defines disablement, this statutory language means hypertension (or any other disease or medical condition where employment is the major contributing cause) will not qualify as an occupational disease unless Claimant meets the…”

— 440.151(1)(a) — 17 cases

Wood v. Harry Harmon Insulation, 511 So. 2d 690 (Fla. 1st DCA 1987). “After this diagnosis, the employee filed a claim for workers' compensation benefits against Harry Harmon Insulation pursuant to the occupational disease statute, section 440.151, Florida Statutes. He sought temporary total disability benefits from the date of diagnosis, medical…”

Michels v. Orange Cnty. Fire/Rescue, 819 So. 2d 158 (Fla. 1st DCA 2002).

City of Pembroke Pines v. Ortagus, 50 So. 3d 31 (Fla. 1st DCA 2010). “But once compensability is established, nothing in section 440.151, or elsewhere in chapter 440, conditions the receipt of medical benefits on continued disability, or limits payment of medical benefits to only the period of disability.”

Watkins Engineers & Constructors v. Wise, 698 So. 2d 294 (Fla. 1st DCA 1997). “The employer, Watkins Engineers & Constructors, and insurance carrier, Gallagher Bassett (collectively, the E/C), appeal an order of the judge of compensation claims (JCC) finding claimant, Charles Wise, to be permanently and totally disabled (PTD) as a result of his chronic…”

— 440.151(1)(c) — 1 case

— 440.151(1)(e) — 2 cases

Broward Indus. Plating, Inc. v. Weiby, 394 So. 2d 1117 (Fla. 1st DCA 1981). “*1119 Under § 440.151, Fla. Stat., the following elements must be proven by a claimant to show that he is entitled to compensation for an occupational disease: (1) the disease must be actually caused by employment conditions that are characteristic of and peculiar to a…”

Florida State Hosp. v. Potter, 391 So. 2d 322 (Fla. 1st DCA 1980).

— 440.151(2) — 16 cases

Sledge v. City of Fort Lauderdale, 497 So. 2d 1231 (Fla. 1st DCA 1986). “1980); and Section 440.151, Florida Statutes (1985) ("the disablement or death of an employee resulting from an occupational disease .”

Am. Beryllium Co. v. Stringer, 392 So. 2d 1294 (Fla. 1981). “" Section 440.151(1), Florida Statutes (1969).”

Seminole Cnty. Gov't v. Bartlett, 933 So. 2d 550 (Fla. 1st DCA 2006).

Hoppe v. City of Lakeland, 691 So. 2d 585 (Fla. 1st DCA 1997). “151(3), Florida Statutes (1969). "[T]he disablement or death of an employee resulting from an occupational disease *587 .”

Flamily v. City of Orlando, 924 So. 2d 78 (Fla. 1st DCA 2006).

— 440.151(3) — 10 cases

Hoppe v. City of Lakeland, 691 So. 2d 585 (Fla. 1st DCA 1997). “151(3), Florida Statutes (1969). "[T]he disablement or death of an employee resulting from an occupational disease *587 .”

Am. Beryllium Co. v. Stringer, 392 So. 2d 1294 (Fla. 1981). “" Section 440.151(1), Florida Statutes (1969).”

King Motor Co. v. Pollack, 409 So. 2d 160 (Fla. 1st DCA 1982).

Dayron Corp. v. Morehead, 509 So. 2d 930 (Fla. 1987).

— 440.151(5) — 13 cases

City of Mary Esther v. McArtor, 902 So. 2d 942 (Fla. 1st DCA 2005).

E. Airlines, Inc. v. Crittenden, 596 So. 2d 112 (Fla. 1st DCA 1992).

Aetna Life & Cas. Co. v. Schmitt, 597 So. 2d 938 (Fla. 1st DCA 1992).

McLean v. Mundy, 81 So. 2d 501 (Fla. 1955).

— 440.151(6) — 2 cases

Polk Cnty. Bd. of Cnty. Com'rs v. Ross, 911 So. 2d 854 (Fla. 1st DCA 2005).

Hyatt v. Armstrong Cork Co., 121 So. 2d 793 (Fla. 1960).

— 440.151(a) — 1 case

Rodriguez v. Prestress Decking Corp., 611 So. 2d 59 (Fla. 1st DCA 1992).

— 440.151(b) — 1 case

Irving v. Ametek, Inc., 756 So. 2d 1045 (Fla. 1st DCA 2000).

— 440.151(l)(a) — 4 cases

Keene Corp. v. Bahl, 476 So. 2d 789 (Fla. 1st DCA 1985).

Leon Smith v. City of Daytona Beach Police Dept./City of etc., 143 So. 3d 436 (Fla. 1st DCA 2014).

Michels v. Orange Cnty. Fire/Rescue, 804 So. 2d 557 (Fla. 1st DCA 2002).

— 440.151(l)(e) — 2 cases

City of Jacksonville v. Ratliff, 217 So. 3d 183 (Fla. 1st DCA 2017). “At the time of the enactment of the “heart-lung” bill in 1965, workers’ compensation law provided for an occupational diseases cause of action pursuant to section 440.151, Florida Statutes. Under section 440.”

Keener Constr. Co. v. Simpson, 578 So. 2d 1137 (Fla. 1st DCA 1991).

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