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Florida Statute 440.185 | Lawyer Caselaw & Research
F.S. 440.185 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.185
440.185 Notice of injury or death; reports; penalties for violations.
(1) An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury. Failure to so advise the employer shall bar a petition under this chapter unless:
(a) The employer or the employer’s agent had actual knowledge of the injury;
(b) The cause of the injury could not be identified without a medical opinion and the employee advised the employer within 30 days after obtaining a medical opinion indicating that the injury arose out of and in the course of employment;
(c) The employer did not put its employees on notice of the requirements of this section by posting notice pursuant to s. 440.055; or
(d) Exceptional circumstances, outside the scope of paragraph (a) or paragraph (b) justify such failure.

In the event of death arising out of and in the course of employment, the requirements of this subsection shall be satisfied by the employee’s agent or estate. Documents prepared by counsel in connection with litigation, including but not limited to notices of appearance, petitions, motions, or complaints, shall not constitute notice for purposes of this section.

(2) Within 7 days after actual knowledge of injury or death, the employer shall report such injury or death to its carrier, in a format prescribed by the department, and shall provide a copy of such report to the employee or the employee’s estate. The report of injury shall contain the following information:
(a) The name, address, and business of the employer;
(b) The name, social security number, street, mailing address, telephone number, and occupation of the employee;
(c) The cause and nature of the injury or death;
(d) The year, month, day, and hour when, and the particular locality where, the injury or death occurred; and
(e) Such other information as the department may require.

The carrier shall, within 14 days after the employer’s receipt of the form reporting the injury, file the information required by this subsection with the department. However, the department may by rule provide for a different reporting system for those types of injuries which it determines should be reported in a different manner and for those cases which involve minor injuries requiring professional medical attention in which the employee does not lose more than 7 days of work as a result of the injury and is able to return to the job immediately after treatment and resume regular work.

(3) Within 3 business days after the employer or the employee informs the carrier of an injury, the carrier shall send by regular mail or e-mail to the injured worker an informational brochure approved by the department which sets forth in clear and understandable language an explanation of the rights, benefits, procedures for obtaining benefits and assistance, criminal penalties, and obligations of injured workers and their employers under the Florida Workers’ Compensation Law. Annually, the carrier or its third-party administrator shall send by regular mail or e-mail to the employer an informational brochure approved by the department which sets forth in clear and understandable language an explanation of the rights, benefits, procedures for obtaining benefits and assistance, criminal penalties, and obligations of injured workers and their employers under the Florida Workers’ Compensation Law. All such informational brochures shall contain a notice that clearly states in substance the following: “Any person who, knowingly and with intent to injure, defraud, or deceive any employer or employee, insurance company, or self-insured program, files a statement of claim containing any false or misleading information commits a felony of the third degree.”
(4) Additional reports with respect to such injury and of the condition of such employee, including copies of medical reports, funeral expenses, and wage statements, shall be filed by the employer or carrier to the department at such times and in such manner as the department may prescribe by rule. In carrying out its responsibilities under this chapter, the department or agency may by rule provide for the obtaining of any medical records relating to medical treatment provided pursuant to this chapter, notwithstanding the provisions of ss. 90.503 and 395.3025(4).
(5) In the absence of a stipulation by the parties, reports provided for in subsection (2), subsection (3), or subsection (4) shall not be evidence of any fact stated in such report in any proceeding relating thereto, except for medical reports which, if otherwise qualified, may be admitted at the discretion of the judge of compensation claims.
(6) Every carrier shall file with the department within 21 days after the issuance of a policy or contract of insurance such policy information as the department requires, including notice of whether the policy is a minimum premium policy. Notice of cancellation or expiration of a policy as set out in s. 440.42(3) shall be mailed to the department in accordance with rules adopted by the department under chapter 120. The department may contract with a private entity for the collection of policy information required to be filed by carriers under this subsection and the receipt of notices of cancellation or expiration of a policy required to be filed by carriers under s. 440.42(3). The submission of policy information or notices of cancellation or expiration to the contracted private entity satisfies the filing requirements of this subsection and s. 440.42(3).
(7) When a claimant, employer, or carrier has the right, or is required, to mail a report or notice with required copies within the times prescribed in subsection (2), subsection (3), or subsection (4), such mailing will be completed and in compliance with this section if it is postmarked and mailed prepaid to the appropriate recipient prior to the expiration of the time periods prescribed in this section.
(8) Any employer or carrier who fails or refuses to timely send any form, report, or notice required by this section shall be subject to an administrative fine by the department not to exceed $500 for each such failure or refusal. However, any employer who fails to notify the carrier of an injury on the prescribed form or by letter within the 7 days required in subsection (2) shall be liable for the administrative fine, which shall be paid by the employer and not the carrier. Failure by the employer to meet its obligations under subsection (2) shall not relieve the carrier from liability for the administrative fine if it fails to comply with subsections (3) and (4).
(9) The department may by rule prescribe forms and procedures governing the submission of the change in claims administration report and the risk class code and standard industry code report for all lost time and denied lost-time cases. The department may by rule define terms that are necessary for the effective administration of this section.
(10) Upon receiving notice of an injury from an employee under subsection (1), the employer or carrier shall provide the employee with a written notice, in the form and manner determined by the department by rule, of the availability of services from the Employee Assistance and Ombudsman Office. The substance of the notice to the employee shall include:
(a) A description of the scope of services provided by the office.
(b) A listing of the toll-free telephone number of, the e-mail address, and the postal address of the office.
(c) A statement that the informational brochure referred to in subsection (3) will be mailed to the employee within 3 days after the carrier receives notice of the injury.
(d) Any other information regarding access to assistance that the department finds is immediately necessary for an injured employee.
History.s. 10, ch. 75-209; s. 1, ch. 77-174; ss. 6, 23, ch. 78-300; ss. 14, 124, ch. 79-40; ss. 10, 21, ch. 79-312; s. 6, ch. 80-236; s. 276, ch. 81-259; s. 6, ch. 83-305; s. 8, ch. 86-171; s. 5, ch. 87-330; s. 5, ch. 88-203; ss. 14, 43, ch. 89-289; ss. 22, 56, ch. 90-201; ss. 20, 52, ch. 91-1; s. 29, ch. 91-46; s. 82, ch. 92-289; s. 22, ch. 93-415; s. 112, ch. 97-103; s. 4, ch. 98-125; s. 9, ch. 98-174; s. 3, ch. 98-407; s. 93, ch. 2000-153; s. 15, ch. 2001-91; s. 29, ch. 2002-194; s. 21, ch. 2003-412; s. 13, ch. 2004-6; s. 8, ch. 2013-141; s. 5, ch. 2016-56; s. 29, ch. 2017-3; s. 14, ch. 2022-138.

F.S. 440.185 on Google Scholar

F.S. 440.185 on Casetext

Amendments to 440.185


Arrestable Offenses / Crimes under Fla. Stat. 440.185
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.185.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SCHOOL BOARD OF HILLSBOROUGH COUNTY, v. WOODFORD,, 270 So. 3d 481 (Fla. App. Ct. 2019)

. . . post notice of employees' rights to Florida minimum wage in a conspicuous and accessible place); § 440.185 . . .

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

. . . received notice of the statute of limitations via an informational brochure compliant with section 440.185 . . . The Claimant acknowledges that the E/C timely mailed the informational brochure required by section 440.185 . . .

DAVIS, v. PALM BEACH COUNTY SHERIFF S OFFICE USIS,, 196 So. 3d 543 (Fla. Dist. Ct. App. 2016)

. . . reporting of injuries arising out of and in the course and scope of employment, found in subsection 440.185 . . . The J.CC nevertheless found that the accident was “not com-pensable under Florida Statute 440.185(1) . . . The JCC correctly noted that subsection 440.185(1) “requires an employee who suffers an injury arising . . . Thus, by its plain language, subsection 440.185(1) does not apply to subsequent accidents because the . . .

A. FORTUNE, v. GULF COAST TREE CARE INC., 148 So. 3d 827 (Fla. Dist. Ct. App. 2014)

. . . timely fashion, as required by statute — “[w]ithin 7 days of actual knowledge of injury or death” § 440.185 . . . statutorily-mandated notices and information, including the statutorily-required informational brochure (see § 440.185 . . .

CACERES, v. SEDANO S SUPERMARKETS Co., 138 So. 3d 1224 (Fla. Dist. Ct. App. 2014)

. . . Section 440.185(1), Florida Statutes (2002) requires that a claimant advise his employer of an injury . . . Instead, the JCC appears to have interpreted the reporting requirements of section 440.185 in a manner . . . perform a meaningful review on the issue of whether Claimant’s report of injury was timely under section 440.185 . . .

CITY OF NORTH BAY VILLAGE v. GUEVARA,, 129 So. 3d 1100 (Fla. Dist. Ct. App. 2013)

. . . Department of Financial Services entitled “Facts for Florida Injured Employees,” as required by section 440.185 . . . The JCC erred both in finding the E/C failed to meet the requirements of section 440.185(4) and in finding . . . Neither section 112.18(1) nor section 440.185(4), nor any other portion of chapter 440, requires the . . . by the Department of Financial Services, the item specifically referenced in and required by section 440.185 . . .

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

. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .

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

. . . bars Eugenio Gomez’s (Claimant’s) petition for benefits, based on the JCC’s interpretation of section 440.185 . . . The Carrier denied the claim, citing lack of timely notice pursuant to section 440.185, Florida Statutes . . . Section 440.185(1) provides that: “An employee who suffers an injury arising out of and in the course . . . The JCC had no authority to read into section 440.185(1) a requirement that Claimant report the injury . . . Nothing in section 440.185 requires an injured employee to notify the carrier of an injury, nor does . . .

MIAMI- DADE COUNTY SCHOOL BOARD v. RUSS,, 88 So. 3d 1038 (Fla. Dist. Ct. App. 2012)

. . . defense and the carrier demonstrates that it has provided notice to the employee in accordance with s. 440.185 . . . standard of proof was instead “clear and convincing evidence” because it proved compliance with sections 440.185 . . .

OCEAN REEF CLUB, INC. a v. WILCZEWSKI, 99 So. 3d 1 (Fla. Dist. Ct. App. 2012)

. . . Section 440.185 of the Florida Statutes A brief perusal of the history and development of section 440.185 . . . See § 440.185(1), Fla. Stat. (2011). . . . See § 440.185(2), Fla. Stat. (2011). . . . See § 440.185(1), Fla. Stat. (1975). . . . . Subsection 440.185(9) has not been modified further since this time. See § 440.185(9), Fla. . . . See § 440.185(2), Fla. Stat. (2005). . . . Tropical Botanicals Corp., 615 So.2d 811, 814 (Fla. 1st DCA 1993): Section 440.185(2), Florida Statutes . . .

MIRANDA, v. AZUL PLASTERING CORP., 74 So. 3d 1123 (Fla. Dist. Ct. App. 2011)

. . . the E/C did not give him notice of the statute of limitations at that time as contemplated by section 440.185 . . . defense and the carrier demonstrates that it has provided notice to the employee in accordance with s. 440.185 . . . on the claimant is a preponderance of the evidence, unless the E/C has complied with both sections 440.185 . . . In this case, it is uncontested that the E/C did not provide notice in accordance with section 440.185 . . .

VARITIMIDIS, v. WALGREEN COMPANY SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., 58 So. 3d 406 (Fla. Dist. Ct. App. 2011)

. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .

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

. . . Because the E/C complied with the notice requirements of sections 440.185 and 440.055, Florida Statutes . . .

COASTAL MASONRY, INC. a v. GUTIERREZ,, 30 So. 3d 545 (Fla. Dist. Ct. App. 2010)

. . . claimant did not report the alleged injury to the employer in a timely manner, as required by F.S. 440.185 . . .

MEDPARTNERS DIAGNOSTIC CLINIC MEDICAL GROUP, P. A. v. ZENITH INSURANCE COMPANY,, 23 So. 3d 202 (Fla. Dist. Ct. App. 2009)

. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .

GREGORY, v. CRUM STAFFING AND BROADSPIRE,, 3 So. 3d 1284 (Fla. Dist. Ct. App. 2009)

. . . notice of his injury to the employer/carrier (E/C) within 30 days of the injury as required by section 440.185 . . . the JCC erred by finding he was not excused from complying with this requirement pursuant to section 440.185 . . . Section 440.185(1), Florida Statutes, provides that an “employee who suffers an injury arising out of . . . See § 440.185(l)(a), Fla. Stat. . . . to be communicated ... to the employer within thirty days” conflates the notice provision of section 440.185 . . .

ORANGE COUNTY PUBLIC SERVICES v. OTTLEY,, 9 So. 3d 638 (Fla. Dist. Ct. App. 2009)

. . . Compensation Claims (JCC) finding Claimant’s claim was not time-barred by the notice provisions of section 440.185 . . . Section 440.185(1), as amended effective January 1, 1994, provides, in relevant part: An employee who . . . To the contrary, the doctrine is still a valid basis for finding compliance with section 440.185(1). . . . Because competent substantial evidence supports the JCC’s finding that Claimant complied with section 440.185 . . .

BRANHAM, v. TMG STAFFING SERVICES,, 994 So. 2d 1172 (Fla. Dist. Ct. App. 2008)

. . . Because the majority fails to apply sections 440.185(4) and 440.19, Florida Statutes, as construed by . . . An E/C is required by sections 440.185 and 440.19 to mail the required informational brochure to a claimant . . . by either competent, substantial evidence or by a preponderance of the evidence; as stated, sections 440.185 . . .

MARION COUNTY v. E. FUTCH,, 983 So. 2d 689 (Fla. Dist. Ct. App. 2008)

. . . JCC conducted a hearing on the PFBs and excused the claimant’s untimely filing pursuant to sections 440.185 . . . Sections 440.185(l)(a) & (d) provide that an employee who fails to report any injury sustained during . . . Section 440.185(l)(a) does not define the term actual knowledge; however, Black’s Law Dictionary defines . . .

C. LUEDKE, v. PLAY SPACE SERVICES, 971 So. 2d 261 (Fla. Dist. Ct. App. 2008)

. . . show the JCC erroneously failed to properly apply the “medical opinion” exception provided by Section 440.185 . . . would not impel a finding that Appellant was entitled to the “medical opinion” exemption under section 440.185 . . . .” § 440.185(l)(b), Fla. Stat. (2004). . . .

KATIE A. LUDIN B. C. D. E. v. LOS ANGELES COUNTY I CA CA, 481 F.3d 1150 (9th Cir. 2007)

. . . . §§ 440.1-440.185. . . .

HANSON, v. FLORIDA HOSPITAL,, 946 So. 2d 601 (Fla. Dist. Ct. App. 2006)

. . . employer having provided him with an approved informational brochure in accordance with § 440.19(4) and § 440.185 . . .

STATE v. ARNAL,, 941 So. 2d 556 (Fla. Dist. Ct. App. 2006)

. . . misleading oral or written statement, or to knowingly omit or conceal material information, required by s. 440.185 . . .

POLK COUNTY BOARD OF COUNTY COMMISSIONERS v. ROSS,, 911 So. 2d 854 (Fla. Dist. Ct. App. 2005)

. . . in (1) finding that the claimant reported her industrial accident in a timely manner under section 440.185 . . . occupational accident in a timely manner after discovering the cause of her illness as required under section 440.185 . . . Section 440.185(1), Florida Statutes (2000), requires a claimant to report an injury within thirty days . . . Section 440.185(l)(b) further provides that failure to advise an employer of an injury within thirty . . .

FONTANILLS, v. HILLSBOROUGH COUNTY SCHOOL BOARD,, 913 So. 2d 28 (Fla. Dist. Ct. App. 2005)

. . . brochure of the one-year limitation period, which, he argues, is required by sections 440.19(4) and 440.185 . . . subsection (4) amendment to 440.19, requiring the carrier to comply with the provisions of section 440.185 . . . from raising the statute of limitation defense unless the E/C shows that it had provided the section 440.185 . . .

McBRIDE, v. PRATT WHITNEY USA,, 909 So. 2d 386 (Fla. Dist. Ct. App. 2005)

. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .

S. D. DICKSON, v. HOOD,, 391 F.3d 581 (5th Cir. 2004)

. . . See 42 CFR §§ 440.1-440.185 (2003). . . .

DEERE, v. SARASOTA COUNTY SCHOOL BOARD, 880 So. 2d 825 (Fla. Dist. Ct. App. 2004)

. . . Because the E/C complied with the notice requirements of sections 440.185 and 440.055, Florida Statutes . . .

TODOROVIC, v. ARCTIC AIR OF CENTRAL FLORIDA, 867 So. 2d 471 (Fla. Dist. Ct. App. 2004)

. . . his injury and that Claimant did not meet the exceptions to the timely notice requirement in section 440.185 . . . this case, we hold that these facts do fall within the exceptional circumstances exception in section 440.185 . . .

PEREZ- RAMIREZ, v. DEXTER DEVELOPMENT d b a, 852 So. 2d 933 (Fla. Dist. Ct. App. 2003)

. . . appellant’s failure to report the injury within the thirty-day reporting period mandated by section 440.185 . . .

CRUTCHER, v. SCHOOL BOARD OF BROWARD COUNTY, 834 So. 2d 228 (Fla. Dist. Ct. App. 2002)

. . . The claimant contends that because she never received the notice mandated by section 440.185, the JCC . . . Before 1989, section 440.185(3), Florida Statutes, provided that, within seven days of actual knowledge . . . Section 440.185(4), Florida Statutes, required the division to mail an informational brochure to the . . . ; therefore, the statute must be read in pari materia with section 440.185. . . . The use of the word “shall” in section 440.185(4) denotes a mandatory action by the carrier. . . . that the emphasized language must be read to say that the E/C’s failure to comply with either section 440.185 . . . statute of limitations defense if it has failed to comply strictly with the provisions of either section 440.185 . . . There is no dispute in this case that the E/C failed to comply with section 440.185(4). . . . on the claimant is a preponderance of the evidence, unless the E/C has complied with both sections 440.185 . . . Section 440.185(4), Florida Statutes (Supp. 1994), provides in pertinent part: Within 3 days after the . . .

MOTOROLA, INC. v. BRADSHAW,, 798 So. 2d 819 (Fla. Dist. Ct. App. 2001)

. . . Under section 440.185(1), Florida Statutes (1995), an employee must notify the employer of an injury . . . results in a bar to any petition for benefits unless one of the four statutory exceptions applies. § 440.185 . . . Appellee claimant suggests that paragraphs (b) and (d) of the section 440.185(1) apply here. . . . Accordingly, we reverse and remand for the JCC to make findings in accordance with section 440.185(1) . . .

LOUISIANA PACIFIC CORPORATION, v. HARCUS,, 774 So. 2d 751 (Fla. Dist. Ct. App. 2000)

. . . deciding that claimant, Eddie Harcus, provided timely notice of his work injury, as required by section 440.185 . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 795 So. 2d 863 (Fla. 2000)

. . . carrier has protested an assessment by the division of penalties, fines, or interest under sections 440.185 . . .

LARRY K. MEYER, P. A. v. M. KIMBERLY,, 765 So. 2d 951 (Fla. Dist. Ct. App. 2000)

. . . And finally, the references to 440.055 in sections 440.185 and 440.19 strongly suggest that the notice . . . Although it is possible that the 440.185 and 440.19 references to 440.055 reflect a legislative error . . . , this seems unlikely in light of the fact that the relevant 440.185 and 440.19 language was inserted . . .

HEALTH CENTRAL d b a v. CESAR,, 752 So. 2d 97 (Fla. Dist. Ct. App. 2000)

. . . An employer who fails to provide an employee with the informational brochure required by section 440.185 . . .

CLAIMS MANAGEMENT, INC. v. PHILIP,, 746 So. 2d 1180 (Fla. Dist. Ct. App. 1999)

. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .

ORANGE COUNTY SCHOOL BOARD v. BEST,, 728 So. 2d 1186 (Fla. Dist. Ct. App. 1999)

. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .

CLAY COUNTY SCHOOL BOARD v. ROBISON,, 725 So. 2d 425 (Fla. Dist. Ct. App. 1999)

. . . chapter 93-415, section 2, at 73, and section 22, at 132 (codified respectively at §§ 440.02(32) and 440.185 . . . Before it was amended effective January 1, 1994, section 440.185(l)(b), Florida Statutes (1993), provided . . . Exceptional circumstances, outside the scope of paragraph (a) or paragraph (b) justify such failure. § 440.185 . . . therefore reverse and remand for the judge of compensation claims to reconsider this question under section 440.185 . . .

SOLAR PANE INSULATING GLASS, INC. v. J. HANSSEN,, 727 So. 2d 961 (Fla. Dist. Ct. App. 1998)

. . . Section 440.185(2)(e), Florida Statutes (1985), provides: (2)Within 7 days of actual knowledge of injury . . . The duty to provide the required information rests not only on the employer under section 440.185(2)( . . . e), Florida Statutes (1985), but also on the Division of Workers’ Compensation under section 440.185( . . . condition may be work-related, the employer is required to comply with the notice provisions of section 440.185 . . . sought in the petition and at issue on appeal — even if he never received the notice required by section 440.185 . . .

AMOS, v. STATE, 711 So. 2d 1197 (Fla. Dist. Ct. App. 1998)

. . . misleading oral or written statement, or to knowingly omit or conceal material information, required by s. 440.185 . . .

GAINES, v. ORANGE COUNTY PUBLIC UTILITIES, 710 So. 2d 139 (Fla. Dist. Ct. App. 1998)

. . . of his rights, benefits and obligations under the workers’ compensation law as required by section 440.185 . . . cases where the employer or carrier failed to provide the informational materials required by section 440.185 . . . defense and the carrier demonstrates that it has provided notice to the employee in accordance with s. 440.185 . . . employer and servicing agent, did not advise him of his rights, benefits and obligations under section 440.185 . . . In that ease, contrary to section 440.185(2), Florida Statutes (Supp.1986), the employer had failed to . . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .

GULFSTREAM PRESS, INC. v. ACLE,, 697 So. 2d 213 (Fla. Dist. Ct. App. 1997)

. . . limitations did not bar claim for benefits where E/C failed to advise claimant of her rights under section 440.185 . . .

GTE v. R. HALL,, 677 So. 2d 996 (Fla. Dist. Ct. App. 1996)

. . . Because the JCC did not address the provisions of the applicable statute, section 440.185(1), Florida . . .

REGENCY KAWASAKI SEA DOO, INC. FESA, v. H. SHEPPARD,, 674 So. 2d 849 (Fla. Dist. Ct. App. 1996)

. . . receipt of an acknowledged claim from the division, or be subject to a monetary penalty under section 440.185 . . .

In AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 674 So. 2d 631 (Fla. 1996)

. . . carrier has protested an assessment by the division of penalties, fines, or interest under sections 440.185 . . .

SOUTHERN BELL v., 671 So. 2d 207 (Fla. Dist. Ct. App. 1996)

. . . Section 440.185(2)(e), Florida Statutes (1985), provides in part: (2) Within 7 days of actual knowledge . . . condition may be work-related, the employer is required to comply with the notice provisions of section 440.185 . . .

R. SANCHEZ, v. ACAPULCO PLASTERS STUCCO, 668 So. 2d 298 (Fla. Dist. Ct. App. 1996)

. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .

ACE DISPOSAL v. HOLLEY,, 668 So. 2d 645 (Fla. Dist. Ct. App. 1996)

. . . See § 440.185, Fla.Stat.; Turner v. . . .

COLD AIR DISTRIBUTORS OF FLORIDA, INC. v. D. SLOAN,, 655 So. 2d 1199 (Fla. Dist. Ct. App. 1995)

. . . Under this reasoning, the JCC excused the 30-day notice under section 440.185, Florida Statutes (1991 . . .

MAC PAPERS, INC. v. CRUZ,, 658 So. 2d 108 (Fla. Dist. Ct. App. 1995)

. . . Just as we will not infer from a silent record the absence of notice required by section 440.185, Clark . . . gave some relief to the employer from its failure to give the statutory notice required by section 440.185 . . . Legislature amended subsection 440.15(3)(b)(2), it did not delete from the act the provisions of subsection 440.185 . . .

LEONARD ELECTRIC COMPANY v. ERSKINE,, 634 So. 2d 289 (Fla. Dist. Ct. App. 1994)

. . . 1) excusing the failure to give the Carrier timely notice of Claimant’s injury pursuant to section 440.185 . . . Pursuant to section 440.185(l)(b), Florida Statutes (1989), however, the JCC may exercise discretion . . .

TURNER, v. RINKER MATERIALS, 622 So. 2d 80 (Fla. Dist. Ct. App. 1993)

. . . Section 440.185(10), Florida Statutes (1991) provides that the Division of Workers’ Compensation, Department . . . See § 440.185(10), Fla.Stat. (1991). . . . Interpreting section 440.185(10), this court has held that in the absence of any contention that the . . .

T. E. JAMES CONSTRUCTION CO. v. HARTLEY,, 616 So. 2d 548 (Fla. Dist. Ct. App. 1993)

. . . The claimant’s obligation to provide notice of injury in accordance with section 440.185(1), Florida . . .

TIMMENY, v. TROPICAL BOTANICALS CORP., 615 So. 2d 811 (Fla. Dist. Ct. App. 1993)

. . . Section 440.185(2), Florida Statutes (Supp.1986), requires the employer, within seven days of knowledge . . . limitations tolled due to the failure of the employer to comply with the notice requirements of section 440.185 . . . or disease is work-related, the employer is required to comply with the notice provisions of section 440.185 . . . As previously observed, Section 440.185, Florida Statutes, places the same obligation on the employer . . .

CURTIS- HALE, INC. v. GELTZ W., 610 So. 2d 558 (Fla. Dist. Ct. App. 1992)

. . . Division of Workers’ Compensation] and to the employer in accordance with the provisions of subsection 440.185 . . . find Aetna’s position is convincing and comports with the legislative intent of sections 440.42(2) and 440.185 . . .

E. NICKOLLS, v. UNIVERSITY OF FLORIDA, 606 So. 2d 410 (Fla. Dist. Ct. App. 1992)

. . . duty to conduct a work search, that claimant could not be denied disability benefits, because Section 440.185 . . . claimed was the result of the compensable injury, and the obligation placed upon the employer by section 440.185 . . .

RODRIGUEZ, v. FRITO- LAY, INC., 600 So. 2d 1167 (Fla. Dist. Ct. App. 1992)

. . . Section 440.185(1), Florida Statutes (1989), provides that failure to give notice of a claim shall not . . .

CITY OF MIAMI, v. JACOBY,, 599 So. 2d 171 (Fla. Dist. Ct. App. 1992)

. . . Chapter 440, Florida Statutes, places reciprocal obligations upon the employer and the employee: Section 440.185 . . .

KRASZEWSKI, v. FLORIDA HIGHWAY PATROL, 594 So. 2d 838 (Fla. Dist. Ct. App. 1992)

. . . . § 440.185, Fla.Stat. Claimant did not receive notice and information as to job search. . . .

PAULK, v. BERKELEY FLORIST SUPPLY, 574 So. 2d 238 (Fla. Dist. Ct. App. 1991)

. . . See section 440.185(2), Florida Statutes. . . . See section 440.185(4), Florida Statutes. . . .

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

. . . . § 440.185(2)(e), Fla.Stat. (Supp. 1986). . . .

EMPLOYERS SELF INSURERS FUND AND CLAIMS CENTER, v. TORRES,, 565 So. 2d 395 (Fla. Dist. Ct. App. 1990)

. . . , is void because it does not comply with the 30-day notice requirement set out in §§ 440.42(2) and 440.185 . . . cancellation has been sent to the division and to the employer in accordance with the provisions of subsection 440.185 . . . Sec. 440.185(7), Fla.Stat., (1987), in pertinent part, states: Notice of cancellation or expiration of . . .

LERMAN, v. BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, 555 So. 2d 419 (Fla. Dist. Ct. App. 1989)

. . . . § 440.185(10), Fla.Stat. (1985). . . .

MELLO, v. K- MART K-, 542 So. 2d 404 (Fla. Dist. Ct. App. 1989)

. . . of the second injury to the E/C did not properly take into consideration that provision of Section 440.185 . . .

McCORT, v. SOUTHLAND CORPORATION, 543 So. 2d 232 (Fla. Dist. Ct. App. 1988)

. . . a notice of injury with the Division of Workers’ Compensation (the Division) as required by Section 440.185 . . . Division never mailed claimant an informational brochure on workers’ compensation law pursuant to Section 440.185 . . . carrier satisfies the initial burden of filing a notice of injury with the Division pursuant to Section 440.185 . . . commencement of the running of the statute of limitations to compliance with the notice requirement of Section 440.185 . . . conclusion, however, that appellant is entitled to benefits where there was a failure to comply with Section 440.185 . . .

STILES, v. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS, 535 So. 2d 618 (Fla. Dist. Ct. App. 1988)

. . . The three and one-half month delay by the employer in filing the notice of injury pursuant to Section 440.185 . . .

PETERS, v. ARMELLINI EXPRESS LINES, 527 So. 2d 266 (Fla. Dist. Ct. App. 1988)

. . . Section 440.185(1), Florida Statutes (1986) states that an employee shall give notice of an injury to . . . claimant failed to give notice to his employer within the statutorily required thirty-day period, section 440.185 . . . benefits finding that the claimant failed to give notice of the alleged injury in accordance with section 440.185 . . .

WOOD, v. McTYRE TRUCKING CO. INC., 526 So. 2d 739 (Fla. Dist. Ct. App. 1988)

. . . Furthermore, section 440.185(10), Florida Statutes (1981) provides that “[t]he division shall require . . .

P. ROSEBOOM, v. H. T. CONSTRUCTORS, INC. H. B. S. A., 527 So. 2d 234 (Fla. Dist. Ct. App. 1988)

. . . and that failure to give notice within such time period can be excused for a satisfactory reason, § 440.185 . . .

BLOCKER, v. ARDMORE FARMS,, 524 So. 2d 1081 (Fla. Dist. Ct. App. 1988)

. . . benefits found that claimant failed to give notice of the alleged injury in accordance with Section 440.185 . . . to give proper notice because his notice occurred after the 30-day time limit set forth in Section 440.185 . . . failed to give notice within the statutorily required 30-day period, the DC failed to consider Section 440.185 . . .

GREAT DANE TRAILERS v. D. CLARK,, 520 So. 2d 53 (Fla. Dist. Ct. App. 1988)

. . . Appellee gave timely notice of the injury to his employer within thirty days as provided under section 440.185 . . .

M. ALFONSO, v. MAC DINTON S RESTAURANT, 515 So. 2d 243 (Fla. Dist. Ct. App. 1987)

. . . move for rehearing contending our original opinion misapprehended the notice requirements of section 440.185 . . . Appellees acknowledge that section 440.185(l)(a) does not require an accident to have occurred within . . . In other words, the notice requirements of section 440.185(l)(a) are not met unless the employer receives . . . s knowledge of her accident constituted adequate notice of her back problem for purposes of section 440.185 . . . Section 440.185(l)(a), Florida Statutes (1985), provides the statutory time limit within which an employee . . . supplied with “knowledge” of claimant’s injury sufficient to comply with the notice provision of section 440.185 . . . Subsection (l)(a) of section 440.185 is ambiguous in its terms and thus is susceptible to two different . . . accident to have occurred in the direct view of the employer in order for the notice provision of section 440.185 . . .

SLATER, v. UNITED PARCEL SERVICE Co., 507 So. 2d 1146 (Fla. Dist. Ct. App. 1987)

. . . See Section 440.185(1), Florida Statutes. . . .

STATE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, v. MISSION INSURANCE CO., 507 So. 2d 137 (Fla. Dist. Ct. App. 1987)

. . . Division prescribed the time within which such reports are to be filed, in accordance with section 440.185 . . . The hearing officer concluded that a failure to file under section 440.185(9) does not include untimely . . . However, the Division’s interpretation is a permissible construction of section 440.185(9) in context . . . with section 440.185(5), allowing the assessment of a penalty upon a failure to file required reports . . . Section 440.185(9) was amended in 1986 so as to now expressly authorize a penalty for failure to timely . . .

STRACK, v. EXECUTIVE MOTORS, INC., 500 So. 2d 703 (Fla. Dist. Ct. App. 1987)

. . . .-15(3)(b), 440.185(10), and 440.20(4), Florida Statutes. We reverse. . . . claim (October 11, 1984) on the basis of the statute of limitations provision of Sections 440.15(3)(b), 440.185 . . .

ORLANDO PRECAST PRODUCTS, v. CIOFALO, McKENZIE TANK LINES v. CIOFALO,, 501 So. 2d 1326 (Fla. Dist. Ct. App. 1986)

. . . were sufficient to have put the employer on notice of the injury pursuant to the provisions of section 440.185 . . .

CARGO DEVELOPMENT, INC. v. MAGDALENO,, 493 So. 2d 1115 (Fla. Dist. Ct. App. 1986)

. . . that the claimant properly notified his employer of his July 15, 1984 back injury pursuant to Section 440.185 . . .

DeFREES, v. COLT AND DUMONT HIT SALES, 483 So. 2d 848 (Fla. Dist. Ct. App. 1986)

. . . Sections 440.185(2)(e) and (4), Florida Statutes (1979), both make clear mention of the employer’s and . . .

J. HULBERT, v. AVIS RENT- A- CAR SYSTEMS, INC., 469 So. 2d 235 (Fla. Dist. Ct. App. 1985)

. . . The rules were promulgated under authority of Fla.Stat. section 440.185(10) (Supp.1980), which provided . . .

SIMMONS, v. TROPICANA PRODUCTS, INC., 457 So. 2d 581 (Fla. Dist. Ct. App. 1984)

. . . See Sections 440.20(2), 440.20(4), 440.185(10), Florida Statutes (1981), and Rule 8, Workers’ Compensation . . .

CERTIFIED GROCERS v. W. HAGEN,, 457 So. 2d 576 (Fla. Dist. Ct. App. 1984)

. . . of claimant’s alleged failure to provide the E/C with formal notice of injury, pursuant to Section 440.185 . . .

INSURANCE COMPANY OF NORTH AMERICA, v. SUNRISE CATERING, 447 So. 2d 431 (Fla. Dist. Ct. App. 1984)

. . . .-42(2) and 440.185(7). . . . sufficient compliance with the policy provision requiring notice to the insured and Florida Statutes 440.185 . . . for policy cancellation with notice sent to the division and the employer in compliance with section 440.185 . . . Section 440.185(7) provides that “[n]otice of cancellation or expiration of a policy as set out in section . . . Florida Statutes 440.185, the enabling statute for Rule 803.19, provides for the mailing of notices to . . .

WALT DISNEY WORLD CO. v. HARRISON,, 443 So. 2d 389 (Fla. Dist. Ct. App. 1983)

. . . employee’s rights, benefits, and obligations under the workers’ compensation act in the manner section 440.185 . . .

FLORIDA MINING AND MATERIALS v. MOORE,, 443 So. 2d 328 (Fla. Dist. Ct. App. 1983)

. . . .-15(3)(b), 440.185(10), and 440.20, Florida Statutes, there would be no justification for requiring . . .

BURNUP SIMS, INC. v. L. OZMENT,, 440 So. 2d 29 (Fla. Dist. Ct. App. 1983)

. . . agree that once the carrier demonstrates it has complied with its statutory duty, imposed by Section 440.185 . . . Such would not be consistent with the dictates of § 440.185(10), Fla. . . .

WELLCRAFT MARINE CORPORATION v. A. TURNER,, 435 So. 2d 864 (Fla. Dist. Ct. App. 1983)

. . . .-15(3)(b), 440.185(10), and 440.20, Florida Statutes, there would be no justification for requiring . . .

A. CHISHOLM, v. McCORMICK, CONDUIT, BUCKLEY CNA, 437 So. 2d 699 (Fla. Dist. Ct. App. 1983)

. . . .-20(4), 440.185(10), Florida Statutes, and W.C.R.P. 8. . . .

RACZ, v. CHENNAULT, INC. R. P., 418 So. 2d 413 (Fla. Dist. Ct. App. 1982)

. . . correctly noted in his order that Racz failed to file wage loss forms within the time specified in Section 440.185 . . .

ARDMORE FARMS ESIS, c o INA, v. A. SMITH,, 423 So. 2d 1039 (Fla. Dist. Ct. App. 1982)

. . . solely to provide the employee an administrative method to comply with the requirement of subsection 440.185 . . .

T. J. CHASTAIN FARMS v. KUSIAK,, 414 So. 2d 1187 (Fla. Dist. Ct. App. 1982)

. . . failed to file a first report of injury until December 29, 1980, ignoring the requirement of Section 440.185 . . .

HURRICANE FENCE INDUSTRIES v. L. BOZEMAN,, 413 So. 2d 822 (Fla. Dist. Ct. App. 1982)

. . . See, e.g., Sections 440.185(2), (3), 440.185(10), Florida Statutes (1979); Dan’s Plumbing and CNA Insurance . . .

DAN S PLUMBING CNA v. SMITH, Jr., 410 So. 2d 941 (Fla. Dist. Ct. App. 1982)

. . . See sections 440.13(2) and 440.185(10), Florida Statutes (1979). . . .

STAHL, v. MIKE GORDON S SEAFOOD RESTAURANT,, 408 So. 2d 808 (Fla. Dist. Ct. App. 1982)

. . . upon a finding that “there has been no compliance with the requirements of the statutes 440.19(1), 440.185 . . . benefits is denied since there has been no compliance with the requirements of the Statute 440.19(1), 440.185 . . . Section 440.185(10), Florida Statutes, requires a wage-loss report “within 30 days after the termination . . . portion of the claim which related to May and June, while the report was untimely filed, neither § 440.185 . . .

RIDGE PALLETS, INC. v. JOHN,, 406 So. 2d 1292 (Fla. Dist. Ct. App. 1981)

. . . Section 440.185(10). . . .

CAR STOP UNLIMITED R. P. v. SALMON,, 404 So. 2d 172 (Fla. Dist. Ct. App. 1981)

. . . . § 440.185(10) and § 440.19(1) and (2)(d); Rule 38F-3.10 and 3.18, State of Florida Rules and Regulations . . .

GALL SILICA MINING CO. v. SHEFFIELD,, 401 So. 2d 1169 (Fla. Dist. Ct. App. 1981)

. . . wage-loss disability benefits by his failure to file a timely request for some of them under section 440.185 . . . Section 440.185(10), added by the legislature in 1979, provides in pertinent part: Any compensable wage . . . Employer/carrier argue that since section 440.185(10) contains no provision excusing failure to report . . .

HALL, v. T. C. SAFFOLD PAVING SERVICE, 397 So. 2d 725 (Fla. Dist. Ct. App. 1981)

. . . Sections 440.42(2) and 440.185(7) Florida Statutes (1979) requiring notice to the Worker’s Compensation . . . His testimony indicates that American Casualty complied with Section 440.42(2) and 440.185(7) but there . . .

FLORIDA ERECTION SERVICES, INC. v. McDONALD,, 395 So. 2d 203 (Fla. Dist. Ct. App. 1981)

. . . The carrier properly forwarded to the claimant the notice required by Section 440.185(10), Florida Statutes . . . We note particularly that Section 440.185(4) imposes a duty upon the State Division of Workers’ Compensation . . . The division is authorized by Section 440.185(10) to provide by rule for reporting wage loss claims. . . .

CENVILL COMMUNITIES, INC. v. PIERRE,, 393 So. 2d 662 (Fla. Dist. Ct. App. 1981)

. . . injured in 1979, and shortly thereafter, the appellant filed a report of this injury, pursuant to § 440.185 . . . Section 440.185(6), Fla.Stat. (1979), provides inter alia that such a report, filed pursuant to § 440.185 . . .