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Florida Statute 440.19 | Lawyer Caselaw & Research
F.S. 440.19 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. 440.19
440.19 Time bars to filing petitions for benefits.
(1) Except to the extent provided elsewhere in this section, all employee petitions for benefits under this chapter shall be barred unless the employee, or the employee’s estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185(1) and the petition is filed within 2 years after the date on which the employee knew or should have known that the injury or death arose out of work performed in the course and scope of employment.
(2) Payment of any indemnity benefit or the furnishing of remedial treatment, care, or attendance pursuant to either a notice of injury or a petition for benefits shall toll the limitations period set forth above for 1 year from the date of such payment. This tolling period does not apply to the issues of compensability, date of maximum medical improvement, or permanent impairment.
(3) The filing of a petition for benefits does not toll the limitations period set forth in this section unless the petition meets the specificity requirements set forth in s. 440.192.
(4) Notwithstanding the provisions of this section, the failure to file a petition for benefits within the periods prescribed is not a bar to the employee’s claim unless the carrier advances the defense of a statute of limitations in its initial response to the petition for benefits. If a claimant contends that an employer or its carrier is estopped from raising a statute of limitations defense and the carrier demonstrates that it has provided notice to the employee in accordance with s. 440.185 and that the employer has posted notice in accordance with s. 440.055, the employee must demonstrate estoppel by clear and convincing evidence.
(5) If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the limitations period is tolled while that person has no guardian or other authorized representative, but the period shall begin to run from the date of appointment of such guardian or other representative, or in the case of a minor, if no guardian is appointed before the minor becomes of age, from the date the minor becomes of age.
(6) When recovery is denied to any person in a suit brought at law or in admiralty to recover damages for injury or death on the ground that such person was an employee, that the defendant was an employer within the meaning of this chapter, and that such employer had secured compensation of such employee under this chapter, the limitations period set forth in this section shall begin to run from the date of termination of such suit; however, in such an event, the employer is allowed a credit of his or her actual cost of defending such suit in an amount not to exceed $250, which amount must be deducted from any compensation allowed or awarded to the employee under this chapter.
History.s. 19, ch. 17481, 1935; CGL 1936 Supp. 5966(19); s. 1, ch. 23908, 1947; s. 10, ch. 26484, 1951; s. 4, ch. 29778, 1955; s. 1, ch. 57-192; s. 1, ch. 65-120; s. 2, ch. 67-554; ss. 17, 35, ch. 69-106; s. 23, ch. 78-300; ss. 15, 124, ch. 79-40; ss. 11, 21, ch. 79-312; s. 7, ch. 80-236; s. 7, ch. 83-305; ss. 15, 43, ch. 89-289; ss. 23, 56, ch. 90-201; ss. 21, 52, ch. 91-1; s. 23, ch. 93-415; s. 113, ch. 97-103.

F.S. 440.19 on Google Scholar

F.S. 440.19 on Casetext

Amendments to 440.19


Arrestable Offenses / Crimes under Fla. Stat. 440.19
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.19.



Annotations, Discussions, Cases:

Cases from cite.case.law:

O. MOISE, v. DISNEY POP CENTURY RESORT, Co., 244 So. 3d 403 (Fla. App. Ct. 2018)

. . . (4)(i), Florida Statutes (2011), permitting motions to dismiss for lack of prosecution, and section 440.19 . . . In response, Disney filed notices of denial raising SOL defenses pursuant to section 440.19 as to both . . . The motivating factor(s) to file a PFB is not pertinent to the analysis of timeliness under section 440.19 . . . merits of the claims raised in the PFB are relevant to whether its filing was timely pursuant to section 440.19 . . . As illustrated by the facts of this case, the interaction of sections 440.19 and 440.25(4)(i) can prompt . . .

RING POWER CORPORATION v. MURPHY,, 238 So. 3d 906 (Fla. App. Ct. 2018)

. . . See § 440.19, Fla. Stat. (2006) (establishing general two-year limitations period). . . . Murphy responded by asserting that section 440.19(2) applied, making his petition timely. . . . City of Jacksonville , 616 So.2d 37, 39 (Fla. 1993) (noting that based on § 440.19(2), claimant must . . . See § 440.19(2), Fla. Stat. (2006). We hold it does not. . . .

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

. . . asserting, among other defenses, that the claims were barred by the statute of limitations found in section 440.19 . . .

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

. . . Because subsection 440.092(5) is silent on any reporting requirement, we must look to section 440.19, . . .

SANCHEZ, v. AMERICAN AIRLINES CMS,, 169 So. 3d 1197 (Fla. Dist. Ct. App. 2015)

. . . that his April 2014 petition for' benefits (PFB) was barred by the statute of limitations in section 440.19 . . . medical treatment — the only two events that will extend the statute of limitations under subsection 440.19 . . . s fee to the claimant’s attorney is not the ‘payment of compensation’ within the meaning of section 440.19 . . .

LIMITH, v. LENOX ON LAKE FTMI LLC Co. d b a U. S., 163 So. 3d 616 (Fla. Dist. Ct. App. 2015)

. . . visit, but also rejecting the E/C’s affirmative defense based on the statute of limitations, section 440.19 . . .

PANZER LAW, P. A. v. PALM BEACH COUNTY SCHOOL DISTRICT A, 150 So. 3d 823 (Fla. Dist. Ct. App. 2014)

. . . Straw was the 1991 version of the Workers’ Compensation Law and the statutory citations were to section 440.19 . . . 1993, moving the provisions relating to the “Procedure for Resolving Benefit Disputes” from section 440.19 . . .

POMERANTZ, v. PALM BEACH COUNTY SHERIFF S OFFICE USIS,, 131 So. 3d 823 (Fla. Dist. Ct. App. 2014)

. . . finding his petition for benefits barred by the running of the statutory limitations period under section 440.19 . . . We also affirm the JCC’s finding that the statute of limitations was tolled under section 440.19(1) for . . .

CHILDERS, v. CLAY COUNTY BOARD OF COUNTY COMMISSIONERS SCIBAL ASSOCIATES,, 128 So. 3d 201 (Fla. Dist. Ct. App. 2013)

. . . The majority properly resolves this case by applying the plain language of section 440.19(4), Florida . . . Consequently, under the authority of section 440.19(4), the second PFB is not time-barred. . . . Previously, this Court has held that the limitations period under section 440.19, once expired, cannot . . . The pleading requirement of section 440.19(4) is petition-specific. . . . The risk, of course, is that section 440.19 will cease to function as a true limitations period. . . . See § 440.19(1), Fla. Stat. (2007); § 440.19(2), Fla. . . . Section 440.19(4), Florida Statutes (2007), provides that, “the failure to file a petition for benefits . . . Nothing we said in Palmer affects the operation of section 440.19(4) or has any bearing on the outcome . . .

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

. . . March 15, 2007, date of accident, which is beyond the two-year limitations period set forth in section 440.19 . . . concluded that the E/C was es-topped from raising the statute of limitations defense provided in section 440.19 . . . Claimant’s right to file a petition was barred by the statute of limitations as set forth in section 440.19 . . .

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

. . . See § 440.19(1), Fla. Stat. (2009). . . . known that the injury or death arose out of work performed in the course and scope of employment.” § 440.19 . . .

MIRANDA, v. BRIDGE,, 112 So. 3d 500 (Fla. Dist. Ct. App. 2012)

. . . permanent total disability benefits based on the expiration of the statute of limitations found in sections 440.19 . . . conclusion that the petition for permanent total disability benefits was untimely filed under sections 440.19 . . .

SHANNON, v. CHENEY BROTHERS INC., 98 So. 3d 1228 (Fla. Dist. Ct. App. 2012)

. . . See § 440.19(l)-(6), Fla. . . . Compare § 440.19(l)(a), Fla. . . . Stat. (1993) (providing compensation is barred unless timely “claim” is filed), with § 440.19(1), Fla . . . period regarding Shannon’s entitlement to benefits under the applicable statute of limitations, section 440.19 . . .

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

. . . Section 440.19(4), Florida Statutes (2006), provides: Notwithstanding the provisions of this section, . . . We disagree because section 440.19(4) places the (potentially) heightened burden on Claimant to prove . . .

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

. . . limitations for employee/attorney to raise petition for benefits expired pursuant to Florida Statute 440.19 . . . See § 440.19(1), Fla. . . . after the date of the last remedial treatment or rehabilitative services furnished by the employer. § 440.19 . . . The year after Timmeny issued, the Florida legislature amended section 440.19(l)(a) to add the Timmeny . . .

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

. . . benefits on July 2, 2010, and the E/C defended by alleging the limitations period set forth in section 440.19 . . . Section 440.19(4) outlines the standards of proof and burdens of proof applicable in such a situation . . .

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

. . . Section 440.19, Florida Statutes (2007), provides in pertinent part: (1) Except to the extent provided . . . Section 440.19(1) thus provides that a petition for benefits is timely if filed within two years after . . . Best, 728 So.2d 1186, 1188 (Fla, 1st DCA 1999) (explaining section 440.19(2) extends rather than shortens . . . limitation period described in section 440.19(1), and if petition for benefits is timely under section . . . 440.19(1) or section 440.19(2) there is no bar to compensation). . . .

PUNSKY, v. CLAY COUNTY BOARD OF COUNTY COMMISSIONERS, 60 So. 3d 1088 (Fla. Dist. Ct. App. 2011)

. . . In his first point on appeal, claimant contends that section 440.19(6) permits an award of either zero . . . Section 440.19(6) reads: When recovery .is denied to any person in a suit brought at-law or in admiralty . . . Contrary to claimant’s contention, section 440.19(6) applies only when a claimant first proceeds against . . . Accordingly, section 440.19(6) does not apply- B. . . . Based on the foregoing, we reject claimant’s first point on appeal, that sections 440.19(6) and 440.24 . . .

COBURN, v. POLK COUNTY BOARD OF COUNTY COMMISSIONERS, 51 So. 3d 551 (Fla. Dist. Ct. App. 2010)

. . . which determined that Co-burn’s claim was barred by the one-year statute of limitations in section 440.19 . . .

GORE, v. LEE COUNTY SCHOOL BOARD Co., 43 So. 3d 846 (Fla. Dist. Ct. App. 2010)

. . . continuous provision of remedial treatment that tolled the statute of limitations pursuant to section 440.19 . . . The JCC reasoned that the Legislature made a substantive change to the law when it amended section 440.19 . . . Analysis Section 440.19(1), Florida Statutes (2001), provides that a petition for benefits is barred . . . Section 440.19(2) acts to toll this statute of limitations for a period of one year from the payment . . . Our analysis does not overlook the legislative amendments to section 440.19(1)(b). . . .

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

. . . ANALYSIS Claimant’s petition was untimely under section 440.19, Florida Statutes (2005), because her . . . Section 440.19(4), however, provides than an E/C may be estopped from raising a statute of limitations . . . See § 440.19(4), Fla. Stat. (2005). . . .

CERTAIN, Jr. v. BIG JOHNSON CONCRETE PUMPING, INC., 34 So. 3d 149 (Fla. Dist. Ct. App. 2010)

. . . Section 440.19(1), Florida Statutes (2005), provides that a petition for benefits is barred unless filed . . . But section 440.19 states elsewhere that: Notwithstanding the provisions of this section, the failure . . . advances the defense of a statute of limitations in its initial response to the petition for benefits. § 440.19 . . . raise the statute of limitations as grounds for denying the claim, the petition is not time barred. § 440.19 . . .

L. JACKSON, v. COMPUTER SCIENCE RAYTHEON CNA, 36 So. 3d 754 (Fla. Dist. Ct. App. 2010)

. . . . § 440.19(4), Fla. . . .

AIREY, v. WAL- MART SEDGWICK,, 24 So. 3d 1264 (Fla. Dist. Ct. App. 2009)

. . . dismissing his petition for benefits filed on February 15, 2007, as time-barred pursuant to section 440.19 . . . See § 440.19(3), Fla. Stat. (2003). Accord Rice v. . . . benefits was timely filed and remained pending, it was error to conclude that it was barred by section 440.19 . . .

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

. . . See § 440.19(2), Fla. Stat. (1997). . . . limitation period described in section 440.19(1), and if PFB is timely under section 440.19(1) or section . . . See § 440.19(l)(a)-(b) Fla. . . . See § 440.19(l)-(2), Fla. Stat. (1994). . . . See § 440.19(1)-(2), Fla. Stat. (1994). . . .

PADILLA, v. COLLINS CONTRACTING,, 22 So. 3d 124 (Fla. Dist. Ct. App. 2009)

. . . See § 440.19(1), Fla. Stat. (2006). REVERSED and REMANDED. . . .

PALMER, v. CORPORATION,, 7 So. 3d 561 (Fla. Dist. Ct. App. 2009)

. . . fails to appreciate the distinction between the general statute of limitations contained in section 440.19 . . . two years of the date of injury), and the express tolling exception to that statute found in section 440.19 . . . raising that defense and proving that the petitions for benefits were untimely pursuant to section 440.19 . . . See § 440.19(4), Fla. Stat. (2001); see also Denestan v. . . . then becomes whether the general statute was tolled or extended pursuant to the exception in section 440.19 . . .

R. IVESTER, Jr. C. v. P. MILLER,, 398 B.R. 408 (M.D.N.C. 2008)

. . . . § l-440.19(a) to allow the attachment of a stock certificate but not an intangible ownership interest . . .

BATISTA, v. PUBLIX SUPERMARKETS, INC., 993 So. 2d 570 (Fla. Dist. Ct. App. 2008)

. . . . § 440.19(l)(a), Fla. Stat. (1986). . . .

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 . . . competent, substantial evidence or by a preponderance of the evidence; as stated, sections 440.185 and 440.19 . . .

In YATKO A. v., 416 B.R. 193 (Bankr. W.D.N.C. 2008)

. . . Gen.Stat. 1-440.19. . . . case, Yatko’s prospective Deerfield distribution could either be considered a stock interest under 1-440.19 . . . Gen.Stat. 1-440.19. .The attachments to the bankruptcy adversary Complaint and the Summary Judgment motion . . .

ROBERSON, v. ST. JOHNS COUNTY SCHOOL BOARD, 973 So. 2d 598 (Fla. Dist. Ct. App. 2008)

. . . See § 440.19, Fla. Stat. (2001). . . .

TROCHE, v. GEICO LLC,, 966 So. 2d 460 (Fla. Dist. Ct. App. 2007)

. . . benefits regarding his condition in both wrists due to the statute of limitations set forth in section 440.19 . . .

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

. . . it was determined that his petition for benefits is barred by the statute of limitations in section 440.19 . . . despite the employer having provided him with an approved informational brochure in accordance with § 440.19 . . . apparently received an informational brochure he was not made aware of the limitations period under section 440.19 . . .

KIMMINS CORPORATION v. TRUC,, 941 So. 2d 1257 (Fla. Dist. Ct. App. 2006)

. . . for attorney’s fees and costs, which was filed within the two-year period in accordance with section 440.19 . . .

L. GINSBERG, v. CORP. d b a, 929 So. 2d 633 (Fla. Dist. Ct. App. 2006)

. . . I concur because prior decisions constrain me from properly interpreting section 440.19(2), Florida Statutes . . . The operative language in section 440.19(2) initiates the statute of limitations with E/C’s “furnishing . . . I believe that the correct interpretation of section 440.19(2) here would result in affirming the JCC . . . To interpret section 440.19(2), as this court did in Fuster, requires extensive factual determinations . . . denying and dismissing all pending claims based on the running of the statute of limitations, section 440.19 . . . ANALYSIS Section 440.19(1), Florida Statutes (1998), provides a two-year statute of limitations for workers . . . limitations would bar the claims in the present case unless the statute was tolled pursuant to section 440.19 . . . apply to the issues of compensability, date of maximum medical improvement, or permanent impairment. § 440.19 . . . Blackburn, 519 So.2d 1017 (Fla. 1st DCA 1987) (holding that “remedial” as used in section 440.19 includes . . .

CAMUS, v. MANATEE COUNTY SCHOOL BOARD, 923 So. 2d 1266 (Fla. Dist. Ct. App. 2006)

. . . his evaluation of claimant on September 21, 2004 was within the limitations period imposed by section 440.19 . . . benefits shall toll the limitations period set forth above for 1 year from the date of such payment.” § 440.19 . . .

RICE, v. REEDY CREEK IMPROVEMENT DISTRICT, 924 So. 2d 882 (Fla. Dist. Ct. App. 2006)

. . . 2000 Accident Claimant argues that because his first petition for benefits was timely under section 440.19 . . . statement from the legislature to the contrary, the one-year statute of limitations specified in section 440.19 . . . Section 440.19(2), Florida Statutes (2000), provides: "Payment of any indemnity benefit or the furnishing . . .

BORNEISEN, v. HOME DEPOT, 917 So. 2d 361 (Fla. Dist. Ct. App. 2005)

. . . The JCC recognized that section 440.19(l)(b), Florida Statutes, provides, as an exception to the two-year . . . remedial” and not “palliative” treatment is capable of reviving the limitations period under section 440.19 . . . “Remedial,” as it is used in section 440.19, Florida Statutes, has been defined to include “palliative . . . Blackburn, 519 So.2d 1017, 1018 (Fla. 1st DCA 1987) (holding that “remedial,” as it is used in Section 440.19 . . .

PATCO TRANSPORT, INC. v. ESTUPINAN,, 917 So. 2d 922 (Fla. Dist. Ct. App. 2005)

. . . The petition for benefits was filed outside the statutory limitations period, see § 440.19(1), Florida . . . See § 440.19(4), Fla. . . .

CITY OF FORT LAUDERDALE v. ST. LOUIS,, 917 So. 2d 224 (Fla. Dist. Ct. App. 2005)

. . . See § 440.19, Fla. Stat. (Supp. 1994). . . . See § 440.19(4), Fla. Stat. (Supp.1994); Fontanills v. . . .

A. RIVERA, v. MIAMI- DADE COUNTY SCHOOL BOARD, 916 So. 2d 920 (Fla. Dist. Ct. App. 2005)

. . . carrier fails or refuses to pay a claim filed with the division which meets the require-merits of s. 440.19 . . .

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

. . . determining that his petition for continuing medical benefits was barred by the limitation period in section 440.19 . . . informational brochure of the one-year limitation period, which, he argues, is required by sections 440.19 . . . court’s opinion in Hanssen was incorrect because Hans-sen had dealt with a prior version of section 440.19 . . . Section 440.19(4), as construed by this court in Crutcher and Coleman, places the burden on the claimant . . . Subsection (4) amended section 440.19 by adding the language estopping an E/C from raising the statute . . .

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

. . . this appeal turns on our interpretation of the applicable statute of limitations, found in section 440.19 . . . To the extent pertinent, section 440.19, Florida Statutes (Supp.1994), reads: (1)Except to the extent . . . Similarly, section 440.19(3) merely states that a petition must be filed in compliance with the specificity . . . dismissal in which to file an amended claim regardless of any other limitation in this chapter.” § 440.19 . . . In short, there is nothing to suggest that section 440.19(3) was intended to alter the well-established . . .

CITY OF PEMBROKE PINES, v. VILLASENOR, 894 So. 2d 991 (Fla. Dist. Ct. App. 2005)

. . . This, rather than the two years mentioned in section 440.19, Florida Statutes, is the correct limitations . . . period because the wording of section 440.19(1) indicates that 'it applies to “employee petitions for . . . Accordingly, the Skip’s Shoes opinion discusses in detail the statute of limitations in section 440.19 . . .

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

. . . Appellant’s petition was untimely under ' section 440.19, Florida Statutes (2002), because her claim . . . However, section 440.19(4) provides that an E/C may be estopped from raising a statute of limitations . . . See § 440.19(4); Crutcher v. Sch. Bd. of Broward County, 834 So.2d 228 (Fla. 1st DCA 2002). . . .

JEFFREY S STEEL AIG v. CONIBEAR EQUIPMENT, INC., 854 So. 2d 268 (Fla. Dist. Ct. App. 2003)

. . . See § 440.19(1), Fla. Stat. (Supp.1994). . . . See § 440.19(2), Fla. Stat. (Supp.1994). . . . However, “Notwithstanding the provisions of section [440.19], the failure to file a[PFB] within the periods . . . carrier advances the defense of a statute of limitations in its initial response to the [PFB]....” § 440.19 . . .

BENTON, v. ICR ELECTRIC ITT, 852 So. 2d 295 (Fla. Dist. Ct. App. 2003)

. . . Pursuant to section 440.19(5), Florida Statutes (1997), the two-year limitations period is tolled while . . .

C. HARTZOG, Jr. v. NEW YORK YANKEES TIG, 847 So. 2d 1115 (Fla. Dist. Ct. App. 2003)

. . . defined by the relevant workers’ compensation statute in effect at the time he was injured, section 440.19 . . . Compensation Claims erred in denying appellant’s claim based on the statute of limitations, section 440.19 . . . See § 440.19(2), Fla. Stat. (Supp.1994). . . .

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

. . . Hanssen, 727 So.2d 961 (Fla. 1st DCA 1998), as that case addressed a previous version of section 440.19 . . . However, I do not agree that section 440.19(4), Florida Statutes (1995), requires that the claimant must . . . This case revolves around the statutory construction of section 440.19, Florida Statutes (1995). . . . Section 440.19, prior to 1989, contained no express provision regarding the tolling of the statute of . . . Section 440.19(4) is not a codification of the pre-1989 judicial estoppel/tolling principle. . . . Section 440.19(4), Florida Statutes (Supp.1994), states: Notwithstanding the provisions of this section . . . evidence, sole reliance on Hanssen was incorrect because that case dealt with a prior'version of section 440.19 . . . Coleman, 743 So.2d 1200 (Fla. 1st DCA 1999), this court addressed the post-1994 version of section 440.19 . . . However, because of the 1994 amendment to section 440.19, this court remanded in Coleman for the JCC . . .

SODPOLIS, INC. v. BANEGAS,, 799 So. 2d 361 (Fla. Dist. Ct. App. 2001)

. . . treatment sought on the basis that the two-year statute of limitations had run pursuant to section 440.19 . . .

ELLIS, v. GALLOWAY S INC. n k a FCCI, 794 So. 2d 710 (Fla. Dist. Ct. App. 2001)

. . . See § 440.19(2), Fla. Stat. (Supp.1994) (stating the one-year SOL); § 440.19(l)(a), Fla. . . . See § 440.19(l)(a), Fla. Stat. (1991). . . .

TAMPA BAY PERFORMING ARTS CENTER CNA v. L. CAMPBELL,, 789 So. 2d 511 (Fla. Dist. Ct. App. 2001)

. . . remanded for a new hearing to determine the application of the statute of limitations pursuant to section 440.19 . . .

DENESTAN, v. MIAMI- DADE COUNTY,, 789 So. 2d 515 (Fla. Dist. Ct. App. 2001)

. . . See § 440.19(4), Fla. . . .

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 . . .

PARRY, v. SOUTH MIAMI HOSPITAL, 778 So. 2d 997 (Fla. Dist. Ct. App. 2000)

. . . As a result, the claim was not barred by the two-year statute of limitations contained in section 440.19 . . .

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

. . . claim of appellee George Philip (claimant) was not barred by the statute of limitations under section 440.19 . . . This decision construed section 440.19, but the E/C in Best was urging the court to shorten the basic . . . (2) has no practical effect until after the two-year period provided for in section 440.19(1) expires . . . As long as the petition is timely under either section 440.19(1) or section 440.19(2), the statute of . . . While the Best decision is not dispositive of the instant case, our construction of section 440.19(2) . . .

TALLAHASSEE MEMORIAL HEALTHCARE, INC. f k a v. COLEMAN,, 743 So. 2d 1200 (Fla. Dist. Ct. App. 1999)

. . . .” § 440.19(l)(a), Fla. Stat. (1991). After the hearing, however, the decision in Gaines v. . . . his compensation order, the judge of compensation claims noted: “In Gaines, the Court found that § 440.19 . . .

ARBOLEDA, v. PREMIER BEVERAGE CO., 739 So. 2d 655 (Fla. Dist. Ct. App. 1999)

. . . claimant appeals a workers’ compensation order by which his claim was denied as untimely under section 440.19 . . . by a petition filed within two years of payment for the unauthorized care, was timely under section 440.19 . . .

CITY OF HOLLYWOOD v. LOMBARDI,, 738 So. 2d 491 (Fla. Dist. Ct. App. 1999)

. . . payment of compensation benefits diminish the period for filing a claim for benefits as provided in s. 440.19 . . .

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

. . . .” § 440.19(2), Fla. Stat. (1995). . . . Complying with section 440.19(4), Florida Statutes (1995), the Board and United raised the statute in . . . They contend that section 440.19(2), Florida Statutes (1995), limited the period in which Ms. . . . Section 440.19(2) has no practical effect until after the two-year period provided for in section 440.19 . . . As long as the petition is timely under either section 440.19(1) or section 440.19(2), the statute of . . .

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

. . . Section 440.19(1), Florida Statutes (1985), the statute of limitations in effect at the time of the injury . . . Subsection 440.19(l)(a), Florida Statutes (1971) requires a worker’s compensation claim to be filed within . . . this case would in no way further the legislative objective behind the statute,” id., here section 440.19 . . .

KENNEDY, v. ORLANDO SHADER REALTY, 711 So. 2d 156 (Fla. Dist. Ct. App. 1998)

. . . employer/earrier argued that the claim failed to comply with the specificity requirements of section 440.19 . . .

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

. . . denied and dismissed his petition for benefits on the grounds that his claim was barred by section 440.19 . . . Section 440.19(l)(b), Florida Statutes (Supp.1990), provides that all rights for remedial attention shall . . . Although, prior to this 1989 amendment, section 440.19(l)(b) contained no express provision tolling the . . . Effective January 1, 1994, section 440.19(l)(b) was further amended to remove the preclusion on tolling . . . The court rejected the employer’s assertion that the 1989 amendment to section 440.19 should be applied . . . for benefits is barred by the statute of limitations in effect at the time of Claimant’s accident, § 440.19 . . . The amended statute, Section 440.19, Florida Statutes (Supp. 1994), provides: (1) Except to the extent . . . after the date of the last remedial treatment or rehabilitative services furnished by the employer. § 440.19 . . .

WEAVER, v. SOUTHERN BELL, 703 So. 2d 1213 (Fla. Dist. Ct. App. 1997)

. . . found that this workers’ compensation claim was barred by the statute of limitations found at sections 440.19 . . .

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

. . . We find the claim barred by section 440.19, Florida Statutes (1987), and reverse. . . . Judge of Compensation Claims found “fully credible,” testified that he was never informed of section 440.19 . . .

HOPPE, v. CITY OF LAKELAND, 691 So. 2d 585 (Fla. Dist. Ct. App. 1997)

. . . to asbestos, and possible injury therefrom, in 1989, well over the two year limit imposed by Section 440.19 . . . Section 440.19(1), Florida Statutes (1995), bars all petitions not “filed within 2 years after the date . . .

FLORIDA HOSPITAL v. P. WILLIAMS,, 689 So. 2d 1255 (Fla. Dist. Ct. App. 1997)

. . . based on the “reasonable person” exception to the two-year statute of limitations found in section 440.19 . . . care furnished by the employer, the right to further compensation is barred by the terms of section 440.19 . . . Berkeley Florist Supply, 574 So.2d 238 (Fla. 1st DCA 1991), which state that the section 440.19 limitations . . . We first note that the statute of limitations contained in section 440.19 contains no reasonableness . . .

NORTH RIVER INSURANCE COMPANY, c o M. F. v. WUELLING,, 683 So. 2d 1090 (Fla. Dist. Ct. App. 1996)

. . . section 440.192(8) “act to revive a claim previously barred by the statute of limitations under F.S. 440.19 . . .

MAYS, v. PACKERS, 677 So. 2d 992 (Fla. Dist. Ct. App. 1996)

. . . medical benefits claim contained an incorrect date of injury, contrary to the provisions of section 440.19 . . . In creating the “equivalent information” language in section 440.19, we consider that the legislature . . . In its interpretation of section 440.19, Florida Statutes (1957), which contained a provision similar . . . If we were to accept the JCC’s rigid interpretation of section 440.19(l)(d) as requiring the explicit . . . Although we have referred in this opinion to the 1989 version of section 440.19, which was in effect . . .

DAYTONA BEACH GERIATRIC CENTER v. R. LINEHAN,, 673 So. 2d 548 (Fla. Dist. Ct. App. 1996)

. . . carrier fails or refuses to pay a claim filed with the division which meets the requirements of s. 440.19 . . . Section 440.19(l)(e), Florida Statutes (1991), provides, in part, that a “claim may contain a claim for . . . Section 440.19(l)(e) also provides that “[notwithstanding the provisions of s. 440.34, a judge of compensation . . . We conclude that an award of attorney’s fees in this situation does not comply with sections 440.19(l . . .

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

. . . . § 440.19(l)(e)(7), Fla.Stat. (1993). In reaching his decision, the JCC relied on Litvin v. St. . . .

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

. . . Workers’ Compensation — Rules-of-Procedure, or any other-rules-except those of the division-,- — Section 440.19 . . .

GILBERT, A. v. PINELLAS SUNCOAST TRANSIT AUTHORITY, 674 So. 2d 818 (Fla. Dist. Ct. App. 1996)

. . . benefits on the basis that the petition was barred by the statute of limitations set forth in section 440.19 . . . Section 440.19(8), Florida Statutes (1985), provides in part: If a person who is entitled to compensation . . .

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

. . . physician for an undisputed compensable condition, the medical services are “furnished” under section 440.19 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. McKAUGHAN a HUMANA OF FLORIDA, INC. d b a s L. M. D. v. McKAUGHAN a SOLOMON, M. D. v. McKAUGHAN a, 668 So. 2d 974 (Fla. 1996)

. . . . § 440.19(4), Fla.Stat. (1993). . . .

CONTINENTAL CAN COMPANY v. BAILEY,, 668 So. 2d 695 (Fla. Dist. Ct. App. 1996)

. . . We conclude that the claim should have been denied because it was untimely under section 440.19(l)(b) . . . The employer/carrier interposed a statute of limitations defense under section 440.19(l)(b), asserting . . . As it pertains in the circumstances of this case, section 440.19(l)(b) bars medical claims unless filed . . . thus not furnished by the employer, and the claim should have been denied as untimely under section 440.19 . . .

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

. . . The statute of limitations in effect on the date of the accident, section 440.19, Florida Statutes (1991 . . . The judge of compensation claims (JCC) observed that the legislature changed section 440.19 effective . . . However, the JCC determined that since the legislature removed the word “claim” from section 440.19 and . . . The statute governing this workers’ compensation case is section 440.19, Florida Statutes (1991), which . . . Madison, 658 So.2d 1228 (Fla. 1st DCA 1995), that the claim for benefits required under section 440.19 . . .

HOUSTON- MILLER, v. U. S. FIRE INSURANCE, 668 So. 2d 653 (Fla. Dist. Ct. App. 1996)

. . . that her petition for benefits was barred by the two-year statute of limitations set forth in section 440.19 . . . that the payment of an attorney’s fee to her attorney within the two-year period set forth in section 440.19 . . . s fee to the claimant’s attorney is not the “payment of compensation” within the meaning of section 440.19 . . . Section 440.19(l)(b), Florida Statutes (1985), provides in part: All rights for remedial attention under . . . of an attorney s fee to the claimant’s attorney is not the “payment of compensation” under section 440.19 . . .

ST. JOSEPH HOSPITAL v. H. CAUSEY,, 667 So. 2d 464 (Fla. Dist. Ct. App. 1996)

. . . Employer and Carrier defended on a number of grounds urging that the statute of limitations under section 440.19 . . . Causey was not required to proceed by way of modification, and the limitations provision of section 440.19 . . .

COLONIAL OAKS APARTMENT v. M. HOOD,, 680 So. 2d 446 (Fla. Dist. Ct. App. 1996)

. . . penetrating keratoplasty or corneal graft constituted a “prosthetic device” for the purposes of section 440.19 . . . rejecting the statute of limitations defense on the basis of the prosthetic device exception in section 440.19 . . . appeal is whether a corneal transplant or graft is a “prosthetic device” for the purposes of section 440.19 . . . The supreme court subsequently adopted that definition and added that, for purposes of section 440.19 . . .

WRIGHT, v. INDUSTRIAL AUTOMOTIVE F. A. W. A., 662 So. 2d 1321 (Fla. Dist. Ct. App. 1995)

. . . The pre-1994 amendment “Claim for Benefits” under section 440.19, Florida Statutes and the post-1994 . . .

RALSTON, v. CIRCLE K, 659 So. 2d 1380 (Fla. Dist. Ct. App. 1995)

. . . carrier fails or refuses to pay a claim filed with the division which meets the requirements of s. 440.19 . . .

UNITED WAY OF AMERICA St. v. MERLO,, 659 So. 2d 1248 (Fla. Dist. Ct. App. 1995)

. . . compensation claims (JCC) that appellee’s claim was not barred by the two-year statute of limitations, section 440.19 . . .

BAPTIST MANOR NURSING HOME v. MADISON,, 658 So. 2d 1228 (Fla. Dist. Ct. App. 1995)

. . . claimant as PTD within 21 days of service of a claim which met the specificity requirements of section 440.19 . . . 21 days of service of a claim, which claim the JCC held met the specificity requirements of section 440.19 . . . the docketing judge treated as a petition which, in fact, met the specificity requirements of section 440.19 . . . carrier fails or refuses to pay a claim filed with the division which meets the requirements of s. 440.19 . . . same time, the claimant filed a claim for benefits which met the specificity requirements of section 440.19 . . .

HOLDER, v. WALDROP, a a a a Co. a, 654 So. 2d 1059 (Fla. Dist. Ct. App. 1995)

. . . section 440.02, the Definitions section of the statute, that term is adequately defined in section 440.19 . . . It is undisputed that Holder never filed a § 440.19(1) claim invoking jurisdiction of the Division of . . .

ESCAMBIA COUNTY TRANSIT v. STALLWORTH,, 652 So. 2d 905 (Fla. Dist. Ct. App. 1995)

. . . In finding that claimant’s claim was not time-barred, the JCC noted that, under section 440.19(3), Florida . . . Unlike the limitations period for filing a claim provided in section 440.19, Florida Statutes, the limitations . . .

STALLINGS, v. F. M. C. CORPORATION, 651 So. 2d 724 (Fla. Dist. Ct. App. 1995)

. . . Section 440.19(l)(d) bars the right to compensation for death benefits “unless a claim therefor ... is . . .

BORGES, v. OSCEOLA FARMS COMPANY, 651 So. 2d 173 (Fla. Dist. Ct. App. 1995)

. . . Moreover, we note the E/C fulfilled its duty under section 440.19(l)(f)7, Florida Statutes (Supp.1990 . . .

A. RABON, v. HARDAWAY CONSTRUCTION, 651 So. 2d 179 (Fla. Dist. Ct. App. 1995)

. . . statute of limitations in effect in 1974 applied to bar the claim, because the 1979 amendment to section 440.19 . . .

D. STRAW, v. STEVE MOORE CHEVROLET, 651 So. 2d 708 (Fla. Dist. Ct. App. 1995)

. . . that, since his claim for wage loss benefits failed to meet the specificity requirements of section 440.19 . . . Statutes (1991), the mandatory bar on the award of attorney’s fees for non-specific claims under section 440.19 . . . In her order, the JCC has misconstrued and misapplied the statutory provisions of section 440.19(l)(e . . . (l)(e)2 or the requirement of section 440.19(l)(e)l.h that the claim explain the basis for the request . . . This case involves the construction of section 440.19, as it existed at the time of the December 1991 . . .

BRUNSWICK CORPORATION GAB v. CUMMINGS,, 648 So. 2d 787 (Fla. Dist. Ct. App. 1994)

. . . Section 440.19(l)(a) & (b) bar disability compensation and remedial attention claims filed more than . . .

NELSON, v. HENKELS McCOY, INC. Co., 641 So. 2d 144 (Fla. Dist. Ct. App. 1994)

. . . compensation claims finding that his claim for medical care and treatment was time barred by section 440.19 . . .

JUAREZ, v. BURGER KING, 638 So. 2d 623 (Fla. Dist. Ct. App. 1994)

. . . See § 440.19(l)(a), Fla.Stat. (1985). . . . We formerly noted that section 440.19’s two-year limitations period “does not commence until a reasonable . . .

BRAVO, v. GULF WESTERN FOOD PRODUCTS, n k a, 637 So. 2d 63 (Fla. Dist. Ct. App. 1994)

. . . , answering a question certified by this court, held that under the unique facts presented, section 440.19 . . . Nevertheless, the JCC concluded, the claim was governed by section 440.19(l)(a), and was thus timely . . . Holder, we conclude that claimant is entitled to maintain his claim filed August 15, 1989, under section 440.19 . . .

GOLD COAST MEDICAL GROUP v. J. FASANO,, 634 So. 2d 325 (Fla. Dist. Ct. App. 1994)

. . . The JCC awarded penalties on grounds that appellant’s notice to controvert was untimely under section 440.19 . . .

PEO, v. MAAS BROTHERS, 634 So. 2d 1130 (Fla. Dist. Ct. App. 1994)

. . . attention relating to the insertion or attachment of a prosthetic device” as con- ■ templated in section 440.19 . . . The following statutory exception is included in section' 440.19(l)(b), Florida Statutes (1983): However . . .

E. SMITH, v. DOLLAR GENERAL CORPORATION, 634 So. 2d 1134 (Fla. Dist. Ct. App. 1994)

. . . claims (JCC) denying her claim for benefits as time-barred under the statute of limitations, section 440.19 . . . Accordingly, the order denying benefits pursuant to section 440.19(1), Florida Statutes, is AFFIRMED. . . .

KRAFT DAIRY GROUP v. R. SORGE,, 634 So. 2d 720 (Fla. Dist. Ct. App. 1994)

. . . . § 440.19(l)(e)l.i., Fla.Stat. (1991). . . .

CITY OF WEST PALM BEACH v. BURBAUM,, 632 So. 2d 145 (Fla. Dist. Ct. App. 1994)

. . . However, since no compensation benefits were awarded, it appears tó be pursuant to section 440.19(l)( . . . Technically, the E/SA failed to comply with section 440.19 because the notice to controvert was not filed . . .