The 2023 Florida Statutes (including Special Session C)
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. . . post notice of employees' rights to Florida minimum wage in a conspicuous and accessible place); § 440.185 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .
. . . Because the E/C complied with the notice requirements of sections 440.185 and 440.055, Florida Statutes . . .
. . . claimant did not report the alleged injury to the employer in a timely manner, as required by F.S. 440.185 . . .
. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . . §§ 440.1-440.185. . . .
. . . employer having provided him with an approved informational brochure in accordance with § 440.19(4) and § 440.185 . . .
. . . misleading oral or written statement, or to knowingly omit or conceal material information, required by s. 440.185 . . .
. . . 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 . . .
. . . 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 . . .
. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .
. . . See 42 CFR §§ 440.1-440.185 (2003). . . .
. . . Because the E/C complied with the notice requirements of sections 440.185 and 440.055, Florida Statutes . . .
. . . 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 . . .
. . . appellant’s failure to report the injury within the thirty-day reporting period mandated by section 440.185 . . .
. . . 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 . . .
. . . 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) . . .
. . . deciding that claimant, Eddie Harcus, provided timely notice of his work injury, as required by section 440.185 . . .
. . . carrier has protested an assessment by the division of penalties, fines, or interest under sections 440.185 . . .
. . . 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 . . .
. . . An employer who fails to provide an employee with the informational brochure required by section 440.185 . . .
. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .
. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .
. . . 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 . . .
. . . 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 . . .
. . . misleading oral or written statement, or to knowingly omit or conceal material information, required by s. 440.185 . . .
. . . 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 . . .
. . . limitations did not bar claim for benefits where E/C failed to advise claimant of her rights under section 440.185 . . .
. . . Because the JCC did not address the provisions of the applicable statute, section 440.185(1), Florida . . .
. . . receipt of an acknowledged claim from the division, or be subject to a monetary penalty under section 440.185 . . .
. . . carrier has protested an assessment by the division of penalties, fines, or interest under sections 440.185 . . .
. . . 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 . . .
. . . estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185 . . .
. . . See § 440.185, Fla.Stat.; Turner v. . . .
. . . Under this reasoning, the JCC excused the 30-day notice under section 440.185, Florida Statutes (1991 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . The claimant’s obligation to provide notice of injury in accordance with section 440.185(1), Florida . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Section 440.185(1), Florida Statutes (1989), provides that failure to give notice of a claim shall not . . .
. . . Chapter 440, Florida Statutes, places reciprocal obligations upon the employer and the employee: Section 440.185 . . .
. . . . § 440.185, Fla.Stat. Claimant did not receive notice and information as to job search. . . .
. . . See section 440.185(2), Florida Statutes. . . . See section 440.185(4), Florida Statutes. . . .
. . . . § 440.185(2)(e), Fla.Stat. (Supp. 1986). . . .
. . . , 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 . . .
. . . . § 440.185(10), Fla.Stat. (1985). . . .
. . . of the second injury to the E/C did not properly take into consideration that provision of Section 440.185 . . .
. . . 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 . . .
. . . The three and one-half month delay by the employer in filing the notice of injury pursuant to Section 440.185 . . .
. . . 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 . . .
. . . Furthermore, section 440.185(10), Florida Statutes (1981) provides that “[t]he division shall require . . .
. . . and that failure to give notice within such time period can be excused for a satisfactory reason, § 440.185 . . .
. . . 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 . . .
. . . Appellee gave timely notice of the injury to his employer within thirty days as provided under section 440.185 . . .
. . . 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 . . .
. . . See Section 440.185(1), Florida Statutes. . . .
. . . 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 . . .
. . . .-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 . . .
. . . were sufficient to have put the employer on notice of the injury pursuant to the provisions of section 440.185 . . .
. . . that the claimant properly notified his employer of his July 15, 1984 back injury pursuant to Section 440.185 . . .
. . . Sections 440.185(2)(e) and (4), Florida Statutes (1979), both make clear mention of the employer’s and . . .
. . . The rules were promulgated under authority of Fla.Stat. section 440.185(10) (Supp.1980), which provided . . .
. . . See Sections 440.20(2), 440.20(4), 440.185(10), Florida Statutes (1981), and Rule 8, Workers’ Compensation . . .
. . . of claimant’s alleged failure to provide the E/C with formal notice of injury, pursuant to Section 440.185 . . .
. . . .-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 . . .
. . . employee’s rights, benefits, and obligations under the workers’ compensation act in the manner section 440.185 . . .
. . . .-15(3)(b), 440.185(10), and 440.20, Florida Statutes, there would be no justification for requiring . . .
. . . 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. . . .
. . . .-15(3)(b), 440.185(10), and 440.20, Florida Statutes, there would be no justification for requiring . . .
. . . .-20(4), 440.185(10), Florida Statutes, and W.C.R.P. 8. . . .
. . . correctly noted in his order that Racz failed to file wage loss forms within the time specified in Section 440.185 . . .
. . . solely to provide the employee an administrative method to comply with the requirement of subsection 440.185 . . .
. . . failed to file a first report of injury until December 29, 1980, ignoring the requirement of Section 440.185 . . .
. . . See, e.g., Sections 440.185(2), (3), 440.185(10), Florida Statutes (1979); Dan’s Plumbing and CNA Insurance . . .
. . . See sections 440.13(2) and 440.185(10), Florida Statutes (1979). . . .
. . . 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 . . .
. . . Section 440.185(10). . . .
. . . . § 440.185(10) and § 440.19(1) and (2)(d); Rule 38F-3.10 and 3.18, State of Florida Rules and Regulations . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .