Florida Statute 440.185 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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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;

(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 CourtListener

Amendments to 440.185

Annotations, Discussions, Cases:

Cases Citing Statute 440.185

Total Results: 79

FLA. ERECTION SERV. INC. v. McDonald

395 So. 2d 203

District Court of Appeal of Florida | Filed: Feb 23, 1981 | Docket: 1317189

Cited 48 times | Published

forwarded to the claimant the notice required by Section 440.185(10), Florida Statutes (1979) (and the appropriate

Walt Disney World Co. v. Harrison

443 So. 2d 389, 1983 Fla. App. LEXIS 25435

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 1746811

Cited 23 times | Published

the workers' compensation act in the manner section 440.185(4) requires the Division to so inform an employee

Ace Disposal v. Holley

668 So. 2d 645, 1996 WL 69109

District Court of Appeal of Florida | Filed: Feb 20, 1996 | Docket: 1687006

Cited 12 times | Published

responsibilities under the Workers' Compensation Act. See § 440.185, Fla.Stat.; Turner v. Rinker Materials, 622 So

Edwards v. Caulfield

560 So. 2d 364, 1990 WL 52798

District Court of Appeal of Florida | Filed: Apr 27, 1990 | Docket: 1477904

Cited 12 times | Published

statutory period of thirty days as mandated by Section 440.185(1), Florida Statutes. Regarding notice of injury

Solar Pane Insulating Glass v. HANSEEN

727 So. 2d 961, 1998 WL 827756

District Court of Appeal of Florida | Filed: Nov 30, 1998 | Docket: 1730075

Cited 9 times | Published

benefits. See MacDonald, 671 So.2d at 210. Section 440.185(2)(e), Florida Statutes (1985), provides: (2)

Peters v. Armellini Exp. Lines

527 So. 2d 266, 1988 WL 59153

District Court of Appeal of Florida | Filed: Jun 8, 1988 | Docket: 528990

Cited 9 times | Published

himself of the presumptions accorded by the law. Section 440.185(1), Florida Statutes (1986) states that an

Sam Rogers Enterprises v. Williams

401 So. 2d 1388

District Court of Appeal of Florida | Filed: Aug 17, 1981 | Docket: 1289753

Cited 9 times | Published

in this case, the employer/carrier points to § 440.185(2) and (9). Those sections provide for a $100

Slater v. United Parcel Service

507 So. 2d 1146, 12 Fla. L. Weekly 1215

District Court of Appeal of Florida | Filed: May 12, 1987 | Docket: 1513254

Cited 8 times | Published

period of thirty days. See Section 440.185(1), Florida Statutes. Section 440.185(1)(b), however, permits

GALL SILICA MIN. CO. v. Sheffield

401 So. 2d 1169

District Court of Appeal of Florida | Filed: Aug 6, 1981 | Docket: 1289882

Cited 8 times | Published

for some of them under section 440.185(10), Fla. Stat. (1979). Section 440.185(10), added by the legislature

Turner v. Rinker Materials

622 So. 2d 80, 1993 WL 274213

District Court of Appeal of Florida | Filed: Jul 22, 1993 | Docket: 546614

Cited 7 times | Published

Parker, 464 So.2d 1298 (Fla. 1st DCA 1985). Section 440.185(10), Florida Statutes (1991) provides that

Nickolls v. University of Florida

606 So. 2d 410, 1992 WL 217176

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 132137

Cited 7 times | Published

not be denied disability benefits, because Section 440.185(2)(e) and (4), Florida Statutes (1979), placed

Crutcher v. School Bd. of Broward County

834 So. 2d 228, 2002 WL 31373480

District Court of Appeal of Florida | Filed: Oct 23, 2002 | Docket: 1697529

Cited 6 times | Published

that the E/C's failure to comply with either section 440.185 or section 440.055 estops the E/C from raising

Timmeny v. Tropical Botanicals Corp.

615 So. 2d 811, 1993 WL 72308

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 1185405

Cited 6 times | Published

assertion of the defense under such circumstances. Section 440.185(2), Florida Statutes (Supp. 1986), requires

Wood v. McTyre Trucking Co., Inc.

526 So. 2d 739, 1988 WL 55698

District Court of Appeal of Florida | Filed: May 27, 1988 | Docket: 1273157

Cited 6 times | Published

partial wage-earning capacity. Furthermore, section 440.185(10), Florida Statutes (1981) provides that

Hulbert v. Avis Rent-A-Car Systems

469 So. 2d 235, 10 Fla. L. Weekly 1319

District Court of Appeal of Florida | Filed: May 29, 1985 | Docket: 1271727

Cited 6 times | Published

promulgated under authority of Fla. Stat. section 440.185(10) (Supp. 1980), which provided in part:

COASTAL MASONRY, INC. v. Gutierrez

30 So. 3d 545, 2010 Fla. App. LEXIS 1355, 2010 WL 445729

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1120958

Cited 5 times | Published

employer in a timely manner, as required by F.S. 440.185(1). The present condition of the claimant is

Louisiana Pacific Corp. v. Harcus

774 So. 2d 751, 2000 WL 1745143

District Court of Appeal of Florida | Filed: Nov 21, 2000 | Docket: 1330771

Cited 5 times | Published

notice of his work injury, as required by section 440.185(1), Florida Statutes (1997), and second, in

Gaines v. Orange County Public Utilities

710 So. 2d 139, 1998 WL 176674

District Court of Appeal of Florida | Filed: Apr 17, 1998 | Docket: 1731632

Cited 5 times | Published

the workers' compensation law as required by section 440.185, Florida Statutes, and that, because his existing

Lerman v. Broward Cty. Bd. of Com'rs

555 So. 2d 419, 1989 WL 153628

District Court of Appeal of Florida | Filed: Dec 22, 1989 | Docket: 1396578

Cited 5 times | Published

benefits and his duty to conduct a work search. § 440.185(10), Fla. Stat. (1985). Therefore, a work search

Blocker v. Ardmore Farms

524 So. 2d 1081, 13 Fla. L. Weekly 1005, 1988 Fla. App. LEXIS 2221, 1988 WL 41102

District Court of Appeal of Florida | Filed: Apr 26, 1988 | Docket: 1341159

Cited 5 times | Published

notice of the alleged injury in accordance with Section 440.185 of the Florida Statutes. Additionally, the

Racz v. Chennault, Inc.

418 So. 2d 413

District Court of Appeal of Florida | Filed: Aug 19, 1982 | Docket: 1288789

Cited 5 times | Published

wage loss forms within the time specified in Section 440.185(10), Florida Statutes. However, we have held

Car Stop Unlimited v. Salmon

404 So. 2d 172

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1782071

Cited 4 times | Published

provisions of the law and rules are directed. § 440.185(10) and § 440.19(1) and (2)(d); Rule 38F-3.10

Southern Bell v. MacDonald

671 So. 2d 207, 1996 WL 134303

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 1248311

Cited 3 times | Published

rights under the Workers' Compensation Law. Section 440.185(2)(e), Florida Statutes (1985), provides in

Orlando Precast Products v. Ciofalo

501 So. 2d 1326, 12 Fla. L. Weekly 101

District Court of Appeal of Florida | Filed: Dec 31, 1986 | Docket: 538564

Cited 3 times | Published

of the injury pursuant to the provisions of section 440.185(1)(a), Florida Statutes (1985). Southern Culvert

Westberry v. Copeland Sausage Co.

389 So. 2d 1214

District Court of Appeal of Florida | Filed: Oct 27, 1980 | Docket: 1282079

Cited 3 times | Published

sufficient to satisfy the requirements of Section 440.185(a). We remand for further findings. Unfortunately

THE SCHOOL BOARD OF HILLSBOROUGH COUNTY, FLORIDA v. STEPHANIE WOODFORD

270 So. 3d 481

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 15005005

Cited 2 times | Published

wage in a conspicuous and accessible place); § 440.185(10), Fla. Stat. (2018) (stating that, "upon

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

148 So. 3d 827

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

Cited 2 times | Published

days of actual knowledge of injury or death” § 440.185(2), Fla. Stat. (2010) — then all of the statutorily-mandated

Ocean Reef Club, Inc. v. Wilczewski

99 So. 3d 1, 2012 Fla. App. LEXIS 4352, 2012 WL 934028

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60312871

Cited 2 times | Published

workers’ compensation carrier, pursuant to section 440.185(2) of the Florida Statutes (2006), liberates

POLK COUNTY BOARD OF COUNTY COM'RS v. Ross

911 So. 2d 854, 2005 WL 2297535

District Court of Appeal of Florida | Filed: Sep 22, 2005 | Docket: 1751899

Cited 2 times | Published

industrial accident in a timely manner under section 440.185, Florida Statutes because the claimant waited

Fontanills v. Hillsborough County Sch. Bd.

913 So. 2d 28, 2005 Fla. App. LEXIS 14520, 2005 WL 2240217

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1331678

Cited 2 times | Published

the carrier to comply with the provisions of section 440.185(4) by mailing to the injured worker an informational

Mac Papers, Inc. v. Cruz

658 So. 2d 108, 1995 WL 222398

District Court of Appeal of Florida | Filed: Apr 17, 1995 | Docket: 439448

Cited 2 times | Published

silent record the absence of notice required by section 440.185, Clark v. Duck Key Marina, Inc., 602 So.2d

Great Dane Trailers v. Clark

520 So. 2d 53, 13 Fla. L. Weekly 198, 1988 Fla. App. LEXIS 177, 1988 WL 2619

District Court of Appeal of Florida | Filed: Jan 14, 1988 | Docket: 1300339

Cited 2 times | Published

employer within thirty days as provided under section 440.185(1). The fact that appellee's pain was delayed

City of Tampa v. Tingler

397 So. 2d 315, 1981 Fla. App. LEXIS 20263

District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 1706892

Cited 2 times | Published

a disabling psychophysiological reaction. Section 440.185(1), Florida Statutes, requires that an employer

Marion County v. Futch

983 So. 2d 689, 2008 WL 2276312

District Court of Appeal of Florida | Filed: Jun 5, 2008 | Docket: 1756674

Cited 1 times | Published

knowledge analysis in making its determination. Section 440.185(1)(a) does not define the term actual knowledge;

Clay County School Bd. v. Robison

725 So. 2d 425, 1999 Fla. App. LEXIS 610, 1999 WL 28733

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 1294005

Cited 1 times | Published

it was amended effective January 1, 1994, section 440.185(1)(b), Florida Statutes (1993), provided that

TE JAMES CONSTRUCTION CO. v. Hartley

616 So. 2d 548, 1993 WL 88672

District Court of Appeal of Florida | Filed: Mar 30, 1993 | Docket: 258487

Cited 1 times | Published

provide notice of injury in accordance with section 440.185(1), Florida Statutes, was satisfied by the

Roseboom v. HT Constructors, Inc.

527 So. 2d 234, 1988 WL 55645

District Court of Appeal of Florida | Filed: May 25, 1988 | Docket: 530007

Cited 1 times | Published

period can be excused for a satisfactory reason, § 440.185(1), Fla. Stat. (1985), such policy invites problems

Alfonso v. Mac Dinton's Restaurant

515 So. 2d 243

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 1749207

Cited 1 times | Published

notice of her back problem for purposes of section 440.185(1)(a), Florida Statutes (1985); (2) and whether

State, Department of Labor & Employment Security v. Mission Insurance Co.

507 So. 2d 137, 12 Fla. L. Weekly 1118, 1987 Fla. App. LEXIS 7957

District Court of Appeal of Florida | Filed: Apr 30, 1987 | Docket: 64627148

Cited 1 times | Published

reports are to be filed, in accordance with section 440.185(5), Florida Statutes, which provides that carriers

Burnup & Sims, Inc. v. Ozment

440 So. 2d 29

District Court of Appeal of Florida | Filed: Nov 3, 1983 | Docket: 1728475

Cited 1 times | Published

would not be consistent with the dictates of § 440.185(10), Fla. Stat., and under the circumstances of

City of Dania Beach and PGCS v. David Zipoli

204 So. 3d 52, 2016 Fla. App. LEXIS 15058

District Court of Appeal of Florida | Filed: Oct 10, 2016 | Docket: 4480312

Published

via an informational brochure compliant with section 440.185, Florida Statutes. The merits hearing was bifurcated

Jermaine Davis v. Palm Beach County Sheriff's Office/USIS

196 So. 3d 543, 2016 Fla. App. LEXIS 11320, 2016 WL 3974882

District Court of Appeal of Florida | Filed: Jul 25, 2016 | Docket: 4113596

Published

the accident was “not com-pensable under Florida Statute 440.185(1) for the failure of the Claimant to advise

Caceres v. Sedano's Supermarkets

138 So. 3d 1224, 2014 WL 2479392, 2014 Fla. App. LEXIS 8535

District Court of Appeal of Florida | Filed: Jun 3, 2014 | Docket: 60240545

Published

and remand the case for additional findings. Section 440.185(1), Florida Statutes (2002) requires that a

City of North Bay Village v. Guevara

129 So. 3d 1100, 2013 Fla. App. LEXIS 17728, 2013 WL 5932296

District Court of Appeal of Florida | Filed: Nov 6, 2013 | Docket: 60237290

Published

Florida Injured Employees,” as required by section 440.185(4), Florida Statutes (2006). On October 18

Gomez Lawn Service, Inc. v. The Hartford

98 So. 3d 212, 2012 WL 4465233, 2012 Fla. App. LEXIS 16460

District Court of Appeal of Florida | Filed: Sep 28, 2012 | Docket: 60312234

Published

benefits, based on the JCC’s interpretation of section 440.185, Florida Statutes (2010). Because the JCC erred

Miranda v. AZUL PLASTERING CORP.

74 So. 3d 1123, 2011 Fla. App. LEXIS 18137, 2011 WL 5560566

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2356259

Published

limitations at that time as contemplated by section 440.185(4), Florida Statutes. Claimant last received

Gregory v. CRUM STAFFING AND BROADSPIRE

3 So. 3d 1284, 2009 Fla. App. LEXIS 2129, 2009 WL 595645

District Court of Appeal of Florida | Filed: Mar 10, 2009 | Docket: 1653126

Published

within 30 days of the injury as required by section 440.185(1), Florida Statutes (2007). Claimant argues

Orange County Public Services v. Ottley

9 So. 3d 638, 2009 Fla. App. LEXIS 1530, 2009 WL 439714

District Court of Appeal of Florida | Filed: Feb 24, 2009 | Docket: 60309064

Published

not time-barred by the notice provisions of section 440.185(1), Florida Statutes (2007). The E/C argues

Luedke v. Play Space Services

971 So. 2d 261, 2008 WL 59246

District Court of Appeal of Florida | Filed: Jan 7, 2008 | Docket: 1446104

Published

not be identified without a medical opinion." § 440.185(1)(b), Fla. Stat. (2004). "The parties agree that

Hanson v. Florida Hospital

946 So. 2d 601, 2006 Fla. App. LEXIS 21781, 2006 WL 3813745

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 64848563

Published

informational brochure in accordance with § 440.19(4) and § 440.185(4), Florida Statutes. The Fon-tanills opinion

Todorovic v. Arctic Air of Central Florida

867 So. 2d 471, 2004 Fla. App. LEXIS 1294, 2004 WL 234385

District Court of Appeal of Florida | Filed: Feb 10, 2004 | Docket: 64828618

Published

exceptions to the timely notice requirement in section 440.185(1), Florida Statutes (2000). However, having

Perez-Ramirez v. Dexter Development

852 So. 2d 933, 2003 Fla. App. LEXIS 12745, 2003 WL 22002596

District Court of Appeal of Florida | Filed: Aug 26, 2003 | Docket: 64824449

Published

the thirty-day reporting period mandated by section 440.185(1), Florida Statutes (2000); excluded appellant’s

Motorola, Inc. v. Bradshaw

798 So. 2d 819, 2001 Fla. App. LEXIS 15174, 2001 WL 1327139

District Court of Appeal of Florida | Filed: Oct 30, 2001 | Docket: 64809827

Published

employer/ear-rier that the order must be reversed. Under section 440.185(1), Florida Statutes (1995), an employee must

Health Central v. Cesar

752 So. 2d 97, 2000 Fla. App. LEXIS 1928, 2000 WL 220429

District Court of Appeal of Florida | Filed: Feb 28, 2000 | Docket: 64795421

Published

with the informational brochure required by section 440.185, Florida Statutes may be estopped from asserting

Gulfstream Press, Inc. v. Acle

697 So. 2d 213, 1997 Fla. App. LEXIS 8240, 1997 WL 404971

District Court of Appeal of Florida | Filed: Jul 22, 1997 | Docket: 64775128

Published

failed to advise claimant of her rights under section 440.185(2)(e), Florida Statutes (1985)); Timmeny v

GTE v. Hall

677 So. 2d 996, 1996 Fla. App. LEXIS 8649, 1996 WL 455558

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 64766510

Published

the provisions of the applicable statute, section 440.185(1), Florida Statutes (Supp.1994), we reverse

Regency Kawasaki & Sea Doo, Inc. v. Sheppard

674 So. 2d 849, 1996 Fla. App. LEXIS 5182, 1996 WL 262202

District Court of Appeal of Florida | Filed: May 20, 1996 | Docket: 64765049

Published

or be subject to a monetary penalty under section 440.185(9). § 440.19(l)(e)(7), Fla.Stat. (1993). In

Cold Air Distributors of Florida, Inc. v. Sloan

655 So. 2d 1199, 1995 Fla. App. LEXIS 5340, 1995 WL 298965

District Court of Appeal of Florida | Filed: May 18, 1995 | Docket: 64756673

Published

reasoning, the JCC excused the 30-day notice under section 440.185, Florida Statutes (1991), and found that notice

Leonard Electric Co. v. Erskine

634 So. 2d 289, 1994 Fla. App. LEXIS 3057, 1994 WL 106192

District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 64747155

Published

timely notice of Claimant’s injury pursuant to section 440.185(1), Florida Statutes (1989); 2) finding a causal

Rodriguez v. Frito-Lay, Inc.

600 So. 2d 1167, 1992 Fla. App. LEXIS 5507, 1992 WL 104617

District Court of Appeal of Florida | Filed: May 20, 1992 | Docket: 64668527

Published

finding that lack of notice could be excused. Section 440.185(1), Florida Statutes (1989), provides that

City of Miami v. Jacoby

599 So. 2d 171, 1992 Fla. App. LEXIS 4833, 1992 WL 84169

District Court of Appeal of Florida | Filed: Apr 29, 1992 | Docket: 64667526

Published

obligations upon the employer and the employee: Section 440.185(2)(e), Florida Statutes (1983), provides that

Expicare Nursing Services v. Eudaley

596 So. 2d 126, 1992 Fla. App. LEXIS 2519, 1992 WL 48373

District Court of Appeal of Florida | Filed: Mar 16, 1992 | Docket: 64666220

Published

claimant did not follow the literal requirement of § 440.-185(1), Florida Statutes (1988 Supp.), governing

Kraszewski v. Florida Highway Patrol

594 So. 2d 838, 1992 Fla. App. LEXIS 1871, 1992 WL 36298

District Court of Appeal of Florida | Filed: Feb 27, 1992 | Docket: 64665559

Published

below. BOOTH, SMITH and WIGGINTON, JJ„ concur. . § 440.185, Fla.Stat. Claimant did not receive notice and

Paulk v. Berkeley Florist Supply

574 So. 2d 238, 1991 Fla. App. LEXIS 787, 1991 WL 10429

District Court of Appeal of Florida | Filed: Jan 31, 1991 | Docket: 64656317

Published

the Division of Workers’ Compensation. See section 440.185(2), Florida Statutes. The Division would then

Christian v. Carolina Freight Carrier Corp.

571 So. 2d 524, 1990 Fla. App. LEXIS 9215, 1990 WL 197963

District Court of Appeal of Florida | Filed: Dec 10, 1990 | Docket: 64655077

Published

search and was therefore legally insufficient. § 440.185(2)(e), Fla.Stat. (Supp. 1986). Once an employer

Ago

Florida Attorney General Reports | Filed: Oct 22, 1990 | Docket: 3257355

Published

employee. 2 Section 440.185, F.S., was amended by s. 22, Ch. 90-201, Laws of Florida. 3 Section 440.185(1), F

Mello v. K-Mart

542 So. 2d 404, 14 Fla. L. Weekly 889, 1989 Fla. App. LEXIS 1890, 1989 WL 34508

District Court of Appeal of Florida | Filed: Apr 11, 1989 | Docket: 64642120

Published

take into consideration that *407provision of Section 440.185(l)(b), Florida Statutes (1981), allowing the

McCort v. Southland Corp.

543 So. 2d 232, 13 Fla. L. Weekly 2679, 1988 Fla. App. LEXIS 5446, 1988 WL 131133

District Court of Appeal of Florida | Filed: Dec 13, 1988 | Docket: 64642529

Published

Compensation (the Division) as required by Section 440.185, Florida Statutes (1983). Due to the employer/carrier’s

Stiles v. Orange County Board of County Commissioners

535 So. 2d 618, 13 Fla. L. Weekly 2654, 1988 Fla. App. LEXIS 5442, 1988 WL 130069

District Court of Appeal of Florida | Filed: Dec 8, 1988 | Docket: 64639245

Published

in filing the notice of injury pursuant to Section 440.185(2), Florida Statutes, is inexcusable bad faith

Cargo Development, Inc. v. Magdaleno

493 So. 2d 1115, 11 Fla. L. Weekly 1970, 1986 Fla. App. LEXIS 9653

District Court of Appeal of Florida | Filed: Sep 16, 1986 | Docket: 64621525

Published

his July 15, 1984 back injury pursuant to Section 440.185(1). Fla.Stat. (1983). The fourth issue on appeal

W.W. Trucking Co. v. Boyd

461 So. 2d 121, 9 Fla. L. Weekly 2196, 1984 Fla. App. LEXIS 15487

District Court of Appeal of Florida | Filed: Oct 16, 1984 | Docket: 64608943

Published

him from the formal notice requirement of Section 440.-185, Florida Statutes (1981), regarding *122Boyd’s

Certified Grocers v. Hagen

457 So. 2d 576, 9 Fla. L. Weekly 2171, 1984 Fla. App. LEXIS 15474

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 64607407

Published

with formal notice of injury, pursuant to Section 440.185, Florida Statutes (1981). Upon examination

Insurance Co. of North America v. Sunrise Catering

447 So. 2d 431, 1984 Fla. App. LEXIS 12387

District Court of Appeal of Florida | Filed: Mar 22, 1984 | Docket: 64603724

Published

employer in compliance with section 440.185(7), Florida Statutes. Section 440.185(7) provides that “[n]otice

T. J. Chastain Farms v. Kusiak

414 So. 2d 1187, 1982 Fla. App. LEXIS 20280

District Court of Appeal of Florida | Filed: Jun 11, 1982 | Docket: 64590445

Published

December 29, 1980, ignoring the requirement of Section 440.185(2). Neither the employer nor carrier filed

Stahl v. Mike Gordon's Seafood Restaurant

408 So. 2d 808, 1982 Fla. App. LEXIS 18963

District Court of Appeal of Florida | Filed: Jan 18, 1982 | Docket: 64587342

Published

the dates of May 11,1980, and July 16, 1980. Section 440.185(10), Florida Statutes, requires a wage-loss

Ridge Pallets, Inc. v. John

406 So. 2d 1292, 1981 Fla. App. LEXIS 21991

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 64586678

Published

report wage losses monthly to the employer. Section 440.185(10). This same provision gives the Division

Cenvill Communities, Inc. v. Pierre

393 So. 2d 662, 1981 Fla. App. LEXIS 19460

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 64580216

Published

appellant filed a report of this injury, pursuant to § 440.185(2), Fla.Stat. (1979), listing a Palm Beach County

Southern Culvert Pipe Co. v. Oswalt

382 So. 2d 1365, 1980 Fla. App. LEXIS 16474

District Court of Appeal of Florida | Filed: May 6, 1980 | Docket: 64575814

Published

excusing claimant’s untimely notice of injury. § 440.185, Florida Statutes (Supp.1978). Although we affirm

Sears, Roebuck & Co. v. Moreno

382 So. 2d 1319, 1980 Fla. App. LEXIS 16460

District Court of Appeal of Florida | Filed: Apr 24, 1980 | Docket: 64575800

Published

appellee had satisfied the notice requirements of § 440.185, Fla.Stat. (1975). 3. Whether the Judge erred

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.