Florida Statute 440.19 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

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 CourtListener

Amendments to 440.19

Annotations, Discussions, Cases:

Cases Citing Statute 440.19

Total Results: 265

Dobbs v. Sea Isle Hotel

56 So. 2d 341, 1952 Fla. LEXIS 989

Supreme Court of Florida | Filed: Jan 18, 1952 | Docket: 1355478

Cited 313 times | Published

occurrence of the accident resulting in the injury." Section 440.19(1) reads as follows: "The right to compensation

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

securing any benefits to which he may be entitled. Section 440.19(1) requires the division to evaluate every

Corbett v. General Engineering & MacHinery Co.

37 So. 2d 161, 160 Fla. 879, 1948 Fla. LEXIS 949

Supreme Court of Florida | Filed: Oct 12, 1948 | Docket: 3276363

Cited 38 times | Published

law by enacting Chapter 23908, Acts of 1947, Section 440.19, Fla. Stat., 1941, F.S.A., which provides:

Walter Denson & Son v. Nelson

88 So. 2d 120

Supreme Court of Florida | Filed: May 30, 1956 | Docket: 1462006

Cited 17 times | Published

section of the Workmen's Compensation Act, F.S.A. § 440.19, covering the period within which the initial

FLA., BIRTH-RELATED NICA v. McKaughan

668 So. 2d 974

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 2526353

Cited 16 times | Published

the injured individual pursues a civil remedy. § 440.19(4), Fla.Stat. (1993). Petitioners contend that

Adelman Steel Corp. v. Winter

610 So. 2d 494, 1992 WL 332753

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 1734907

Cited 15 times | Published

workers' compensation benefits pursuant to section 440.19. The self-executing concept of the Workers'

McBride v. Pratt & Whitney

909 So. 2d 386, 2005 WL 1832429

District Court of Appeal of Florida | Filed: Aug 4, 2005 | Docket: 1663223

Cited 14 times | Published

applicable statute of limitations, found in section 440.19, Florida Statutes (Supp.1994). Accordingly

Airey v. WAL-MART/SEDGWICK

24 So. 3d 1264, 2009 Fla. App. LEXIS 20527, 2009 WL 5151631

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1443361

Cited 13 times | Published

February 15, 2007, as time-barred pursuant to section 440.19, Florida Statutes (2003). Because we conclude

Turner v. Keller Kitchen Cabinets, Southern, Inc.

247 So. 2d 35

Supreme Court of Florida | Filed: Apr 14, 1971 | Docket: 1461588

Cited 13 times | Published

statute of limitations provided by Fla. Stat. § 440.19(1) (a), F.S.A. and Fla. Stat. § 440.13(3) (b)

Hall v. Seaboard Maritime Corporation

104 So. 2d 384

District Court of Appeal of Florida | Filed: Jul 8, 1958 | Docket: 1312672

Cited 13 times | Published

that the two-year limitations period provided in § 440.19(1) (a) had expired.[1] Claimant sought to avoid

Daniel v. Holmes Lumber Co.

490 So. 2d 1252, 11 Fla. L. Weekly 278, 1986 Fla. LEXIS 2297

Supreme Court of Florida | Filed: Jun 26, 1986 | Docket: 1488776

Cited 12 times | Published

certified the instant question to this Court. Section 440.19(1)(a) provides: The right to compensation for

Sledge v. City of Fort Lauderdale

497 So. 2d 1231, 11 Fla. L. Weekly 1506

District Court of Appeal of Florida | Filed: Jul 10, 1986 | Docket: 1239008

Cited 11 times | Published

reach the other defenses raised by the City. Section 440.19, Florida Statutes (1985),[1] provides that

AB Taff & Sons v. Clark

110 So. 2d 428

District Court of Appeal of Florida | Filed: Mar 24, 1959 | Docket: 1409930

Cited 11 times | Published

supra, and from a "claim" as referred to in Section 440.19(1) (a), (c), also to be considered in pari

McLean v. Mundy

81 So. 2d 501

Supreme Court of Florida | Filed: Jun 22, 1955 | Docket: 1283816

Cited 11 times | Published

the two-year limitation period prescribed by Section 440.19, Fla. Stat. 1953, F.S.A., in bar of the claim

Budget Luxury Inns, Inc. v. Boston

407 So. 2d 997

District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 467429

Cited 10 times | Published

additional benefits pursuant to Section 440.19(1)(a).[3] Yet, Section 440.19(1)(a) is also inapplicable since

United States Steel Corp. v. Green

353 So. 2d 86

Supreme Court of Florida | Filed: Dec 8, 1977 | Docket: 424302

Cited 10 times | Published

and total disability benefits, as required by Section 440.19(1)(c), Florida Statutes (1973). As to the claim

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

alia, the statute of limitations as a defense. Section 440.19(1), Florida Statutes (1985), the statute of

North River Ins. Co. v. Wuelling

683 So. 2d 1090, 1996 WL 668438

District Court of Appeal of Florida | Filed: Nov 19, 1996 | Docket: 466153

Cited 9 times | Published

previously barred by the statute of limitations under F.S. 440.19(2)(a)." He ordered the E/C to pay the medical

Turner v. G. Pierce Wood Memorial Hosp.

600 So. 2d 1153, 1992 WL 102443

District Court of Appeal of Florida | Filed: May 18, 1992 | Docket: 539811

Cited 9 times | Published

barred by the two-year statute of limitations in section 440.19(1)(a), Florida Statutes (1985). Claimant agrees

Diamond R. Fertilizer v. Davis

567 So. 2d 451, 1990 WL 126325

District Court of Appeal of Florida | Filed: Aug 30, 1990 | Docket: 1380466

Cited 9 times | Published

was not barred by the statute of limitations. Section 440.19(3), Florida Statutes, tolls the statute of

Fuster v. Eastern Airlines, Inc.

545 So. 2d 268, 1988 WL 131135

District Court of Appeal of Florida | Filed: Dec 13, 1988 | Docket: 1345160

Cited 8 times | Published

ERVIN and NIMMONS, JJ., concur. NOTES [1] Section 440.19, Florida Statutes, provides in pertinent part:

City of Orlando v. Blackburn

519 So. 2d 1017, 1987 WL 2631

District Court of Appeal of Florida | Filed: Dec 9, 1987 | Docket: 1698797

Cited 8 times | Published

statute of limitations had run pursuant to section 440.19(2), Florida Statutes (1981). The statute provides

Rebich v. BURDINE'S & LIBERTY MUT. INS. CO.

417 So. 2d 284

District Court of Appeal of Florida | Filed: Jul 16, 1982 | Docket: 1721903

Cited 8 times | Published

barred by the two year statute of limitations of Section 440.19, Florida Statutes. Fabric essentially argues

Piezo Technology v. Smith

413 So. 2d 121

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 1344353

Cited 8 times | Published

compensation", nor a "claim for benefits", see Section 440.19. Indeed, Section 440.205 does not provide for

Munroe Memorial Hospital v. Thompson

388 So. 2d 1338

District Court of Appeal of Florida | Filed: Oct 10, 1980 | Docket: 1520876

Cited 8 times | Published

claim based on such an injury, see Fla. Stat. § 440.19(1)(c) (1977), thereby resulting in a denial of

Florida Industrial Commission v. Felda Lumber Co.

18 So. 2d 362, 154 Fla. 507, 1944 Fla. LEXIS 747

Supreme Court of Florida | Filed: Jun 9, 1944 | Docket: 3270378

Cited 8 times | Published

of the claim was barred by the provisions of Section 440.19 (1) supra. It is not necessary to discuss the

Jackson v. COMPUTER SCIENCE RAYTHEON

36 So. 3d 754, 2010 Fla. App. LEXIS 5544, 2010 WL 1841948

District Court of Appeal of Florida | Filed: Apr 27, 2010 | Docket: 1119861

Cited 6 times | Published

showing of estoppel, reliance, or laches. Cf. § 440.19(4), Fla. Stat. (2008) (statutory provision allowing

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

expressed below, we remand for further proceedings. Section 440.19(4), Florida Statutes (Supp.1994), states: Notwithstanding

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

the two-year statute of limitations found in Section 440.19(1)(a), Florida Statutes (1985).[1] We conclude

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

two-year statute of limitations set forth in section 440.19(2), Florida Statutes (1981) had run. The DC

Mahoney v. Sears, Roebuck & Company

438 So. 2d 174

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 1731718

Cited 6 times | Published

beyond the two-year statute of limitations of Section 440.19(2)(b), Florida Statutes. Claimant, an 18-year-old

Food MacHinery Corp. v. Shook

425 So. 2d 163

District Court of Appeal of Florida | Filed: Jan 7, 1983 | Docket: 1657897

Cited 6 times | Published

claim within the two-year period prescribed by Section 440.19, Florida Statutes. The evidence on this issue

Miami Beach First National Bank v. Dunn

85 So. 2d 556

Supreme Court of Florida | Filed: Feb 15, 1956 | Docket: 64755

Cited 6 times | Published

to foreclose the right of the employee under Section 440.19(1) of the Act to file a claim for permanent

Ricardo Sanchez v. American Airlines and Sedgwick CMS

169 So. 3d 1197

District Court of Appeal of Florida | Filed: Jul 13, 2015 | Docket: 2673598

Cited 5 times | Published

was barred by the statute of limitations in section 440.19, Florida Statutes (2011). Finding no error

Tallahassee Memorial Healthcare, Inc. v. Coleman

743 So. 2d 1200, 1999 WL 1004967

District Court of Appeal of Florida | Filed: Nov 8, 1999 | Docket: 529052

Cited 5 times | Published

and done to deprive the employee of benefits." § 440.19(1)(a), Fla. Stat. (1991). After the hearing, however

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

on the grounds that his claim was barred by section 440.19(1)(b), Florida Statutes (Supp.1990), the statute

Hoppe v. City of Lakeland

691 So. 2d 585, 1997 WL 178845

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 1727147

Cited 5 times | Published

1989, well over the two year limit imposed by Section 440.19, Florida Statutes. 5. Claimant, by his own

Devilling v. Rimes, Inc.

591 So. 2d 304, 1991 WL 272777

District Court of Appeal of Florida | Filed: Dec 23, 1991 | Docket: 541197

Cited 5 times | Published

was not filed within the time allowed under section 440.19, Florida Statutes. We conclude that the claimant

Sauer Indus. Contracting Inc. v. Ditch

547 So. 2d 276, 1989 WL 87561

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 1475183

Cited 5 times | Published

barred by the two-year statute of limitations in section 440.19(1)(b), Florida Statutes, which requires that

Thomas v. Jacksonville Electric Auth.

536 So. 2d 310, 13 Fla. L. Weekly 2748, 1988 Fla. App. LEXIS 5565, 1988 WL 133945

District Court of Appeal of Florida | Filed: Dec 16, 1988 | Docket: 1759658

Cited 5 times | Published

employer/carrier asserted that the statute of limitations, section 440.19(2)(a), Fla. Stat. (1979),[1] had run. In his

Herb's Exxon v. Whatmough

487 So. 2d 1169, 11 Fla. L. Weekly 989

District Court of Appeal of Florida | Filed: Apr 29, 1986 | Docket: 1797251

Cited 5 times | Published

raising a statute of limitations defense under section 440.19, Florida Statutes (Supp. 1980). Employer/carrier

Ardmore Farms v. Smith

423 So. 2d 1039

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 544622

Cited 5 times | Published

motion to dismiss the claim for either month (Section 440.19(2)(b)). In short, so far as the record discloses

Johnson v. Division of Forestry

397 So. 2d 761

District Court of Appeal of Florida | Filed: Apr 30, 1981 | Docket: 1706585

Cited 5 times | Published

relating to claims for remedial attention, and Section 440.19(1)(a), Florida Statutes (1975),[1] relating

Krajenta v. DIV., WKRS'COMPENSATION

376 So. 2d 1200

District Court of Appeal of Florida | Filed: Nov 2, 1979 | Docket: 1411051

Cited 5 times | Published

Pinellas County. The claim was filed pursuant to Section 440.19(1)(c), Fla. Stat. (1977),[1] Fla. W.C.R.P.

Iowa National Mutual Insurance Co. v. Webb

174 So. 2d 21

Supreme Court of Florida | Filed: Apr 14, 1965 | Docket: 222145

Cited 5 times | Published

was not barred by the statute of limitations, Section 440.19, F.S. 1955, F.S.A., a defense asserted by Iowa

Townsley v. Miami Roofing and Sheet Metal Company

79 So. 2d 785

Supreme Court of Florida | Filed: Apr 29, 1955 | Docket: 1361222

Cited 5 times | Published

compensation" to the claimant within the meaning of Section 440.19, Fla. Stat. 1953, F.S.A., so that the limitation

Thomas v. Westinghouse Electric & Mfg. Co.

36 So. 2d 377, 160 Fla. 687, 1948 Fla. LEXIS 835

Supreme Court of Florida | Filed: Jul 13, 1948 | Docket: 3276661

Cited 5 times | Published

carrier contested payment of the claim because of Section 440.19, Florida Statutes, 1941, which requires that

Jeffrey's Steel v. CONIBEAR EQUIPMENT, INC.

854 So. 2d 268, 2003 WL 22103457

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 1459837

Cited 4 times | Published

it is barred by the statute of limitations. See § 440.19(1), Fla. Stat. (Supp.1994). Payment of indemnity

Jeffrey's Steel v. CONIBEAR EQUIPMENT, INC.

854 So. 2d 268, 2003 WL 22103457

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 1459837

Cited 4 times | Published

it is barred by the statute of limitations. See § 440.19(1), Fla. Stat. (Supp.1994). Payment of indemnity

Lee v. City of Jacksonville

616 So. 2d 37, 1993 WL 92583

Supreme Court of Florida | Filed: Apr 1, 1993 | Docket: 1369786

Cited 4 times | Published

importance: *38 WHETHER THE LIMITATIONS PERIOD OF SECTION 440.19(1)(a), FLORIDA STATUTES, IS TOLLED BY THE CLAIMANT'S

Holder v. Keller Kitchen Cabinets

610 So. 2d 1264, 17 Fla. L. Weekly Supp. 601, 1992 Fla. LEXIS 1636, 1992 WL 251403

Supreme Court of Florida | Filed: Oct 1, 1992 | Docket: 1734845

Cited 4 times | Published

quash the decision under review and hold that section 440.19(1)(a) governs the compensation claim at issue

City of Miami v. Bell

606 So. 2d 1183, 1992 Fla. App. LEXIS 9996, 1992 WL 222006

District Court of Appeal of Florida | Filed: Sep 16, 1992 | Docket: 131054

Cited 4 times | Published

claimant having to file a formal claim pursuant to section 440.19. Section 440.20 sets the time when payment

Taylor v. Metropolitan Dade County

596 So. 2d 798, 1992 Fla. App. LEXIS 4253, 1992 WL 69035

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 1295791

Cited 4 times | Published

benefits. The claim was deemed time-barred by section 440.19, Florida Statutes, because it was filed more

Allen v. City of St. Augustine

500 So. 2d 206, 11 Fla. L. Weekly 2156

District Court of Appeal of Florida | Filed: Oct 14, 1986 | Docket: 1295047

Cited 4 times | Published

"authorized representative" within the meaning of section 440.19(3), Florida Statutes (1977), that would allow

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

law and rules are directed. § 440.185(10) and § 440.19(1) and (2)(d); Rule 38F-3.10 and 3.18, State of

Fort v. Hood's Dairy, Inc.

143 So. 2d 13

Supreme Court of Florida | Filed: Jun 27, 1962 | Docket: 1319283

Cited 4 times | Published

employee has not proceeded as the said act requires, § 440.19 (1) (a), Florida Statutes, F.S.A. The employer

Carillon Hotel v. Rodriguez

124 So. 2d 3

Supreme Court of Florida | Filed: Oct 21, 1960 | Docket: 1415967

Cited 4 times | Published

and imprisonment." [5] "It is provided by Section 440.19(1) (a), supra, that the two-year period during

Loziane O. Moise v. Disney Pop Century Resort, and Walt Disney World etc.

244 So. 3d 403

District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379292

Cited 3 times | Published

motions to dismiss for lack of prosecution, and section 440.19, Florida Statutes (2011), the statute of limitations

Gauthier v. Florida International University

38 So. 3d 221, 2010 Fla. App. LEXIS 8975, 2010 WL 2484451

District Court of Appeal of Florida | Filed: Jun 22, 2010 | Docket: 2409322

Cited 3 times | Published

ANALYSIS Claimant's petition was untimely under section 440.19, Florida Statutes (2005), because her claim

Palmer v. McKesson Corp.

7 So. 3d 561, 2009 Fla. App. LEXIS 1551, 2009 WL 485045

District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 1655036

Cited 3 times | Published

general statute of limitations contained in section 440.19(1), Florida Statutes (2001) (stating that a

Patco Transport, Inc. v. Estupinan

917 So. 2d 922, 2005 Fla. App. LEXIS 19675, 2005 WL 3404387

District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 448034

Cited 3 times | Published

outside the statutory limitations period, see § 440.19(1), Florida Statutes (2001) ("[E]mployee petitions

Deere v. SARASOTA COUNTY SCHOOL BD.

880 So. 2d 825, 2004 WL 1836104

District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 1689205

Cited 3 times | Published

now." Appellant's petition was untimely under section 440.19, Florida Statutes (2002), because her claim

Ellis v. Galloway's Inc.

794 So. 2d 710, 26 Fla. L. Weekly Fed. D 2260

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1244262

Cited 3 times | Published

repetitive trauma. See § 440.19(2), Fla. Stat. (Supp.1994) (stating the one-year SOL); § 440.19(1)(a), Fla. Stat

ORANGE COUNTY SCHOOL BD. v. Best

728 So. 2d 1186, 1999 WL 105222

District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 76223

Cited 3 times | Published

since "the furnishing of remedial treatment." § 440.19(2), Fla. Stat. (1995). In the order under review

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

the medical services are "furnished" under section 440.19(1)(b), Florida Statutes, when received by the

Houston-Miller v. U.S. Fire Insurance

668 So. 2d 653, 1996 Fla. App. LEXIS 1458, 1996 WL 69111

District Court of Appeal of Florida | Filed: Feb 20, 1996 | Docket: 64762624

Cited 3 times | Published

two-year statute of limitations set forth in section 440.19(l)(b), Florida Statutes (1985). The claimant

Baptist Manor Nursing Home v. Madison

658 So. 2d 1228, 1995 WL 488146

District Court of Appeal of Florida | Filed: Aug 17, 1995 | Docket: 439401

Cited 3 times | Published

claim which met the specificity requirements of section 440.19(1)(e), Florida Statutes (1991), we affirm.

City of West Palm Beach v. Burbaum

632 So. 2d 145, 1994 WL 37023

District Court of Appeal of Florida | Filed: Feb 11, 1994 | Docket: 462552

Cited 3 times | Published

were awarded, it appears to be pursuant to section 440.19(1)(e)7, Florida Statutes (1991). Under that

Roe v. CITY INVESTING/GENERAL DEV. CORP.

587 So. 2d 1323, 16 Fla. L. Weekly Supp. 715, 1991 Fla. LEXIS 1957, 1991 WL 231600

Supreme Court of Florida | Filed: Nov 7, 1991 | Docket: 1405934

Cited 3 times | Published

by the two-year statute of limitations under section 440.19(1)(a), Florida Statutes (1983). A hearing was

CITY INVESTING/GENERAL DEV. CORP. v. Roe

566 So. 2d 258, 1990 WL 32443

District Court of Appeal of Florida | Filed: Sep 7, 1990 | Docket: 1529113

Cited 3 times | Published

same order. We affirm the order and note that section 440.19(1)(b), Florida Statutes, contains a specific

McNeilly v. Farm Stores, Inc.

553 So. 2d 1279, 1989 WL 145746

District Court of Appeal of Florida | Filed: Dec 1, 1989 | Docket: 1259444

Cited 3 times | Published

the running of the statute of limitations, Section 440.19(1)(b), Florida Statutes (1985). We reverse

Tower Chemical Co. v. Hubbard

527 So. 2d 886, 1988 WL 62170

District Court of Appeal of Florida | Filed: Jun 22, 1988 | Docket: 529944

Cited 3 times | Published

professional services in September of 1986. Florida Statute 440.19(2)(b), which is the statute applicable

Proctor v. Swing Set Day Care Center

498 So. 2d 616, 11 Fla. L. Weekly 2544

District Court of Appeal of Florida | Filed: Dec 5, 1986 | Docket: 1335688

Cited 3 times | Published

claim for additional compensation governed by section 440.19(2)(a), Florida Statutes, rather than a petition

Bassett's Dairy v. Thomas

429 So. 2d 1356

District Court of Appeal of Florida | Filed: Apr 21, 1983 | Docket: 1667631

Cited 3 times | Published

proceed under Section 440.19(1)(a), Florida Statutes (1969), current version found at Section 440.19(2)(a),

Austin Co. v. Lindenberger

410 So. 2d 601

District Court of Appeal of Florida | Filed: Mar 1, 1982 | Docket: 2562789

Cited 3 times | Published

DCA 1980). To prevent surprise and prejudice, Section 440.19(2)(d) requires any claim for benefits filed

Foster Wheeler Energy Group v. Fairhurst

405 So. 2d 438

District Court of Appeal of Florida | Filed: Oct 14, 1981 | Docket: 1703741

Cited 3 times | Published

two year statute of limitations provision of Section 440.19(2)(b), Florida Statutes (1979). In so deciding

Bowman v. Food Fair Stores

400 So. 2d 793

District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 1263565

Cited 3 times | Published

for compensation without an award is governed by § 440.19(1)(a), Florida Statutes (1969), effective until

Aris v. Big Ten Taxi Corporation

330 So. 2d 465

Supreme Court of Florida | Filed: Mar 17, 1976 | Docket: 1797790

Cited 3 times | Published

which would bar his entitlement to benefits (Section 440.19(1), Florida Statutes (1973)) would not apply

Watson v. Delta Airlines, Inc.

288 So. 2d 193, 1973 Fla. LEXIS 3983

Supreme Court of Florida | Filed: Nov 14, 1973 | Docket: 1696472

Cited 3 times | Published

of Industrial Claims was affirmed. Fla. Stat. § 440.19(1)(a) F.S.A., provides: "(1)(a) The right to compensation

Anne Marie Limith v. Lenox on the Lake dba FTMI Operator etc.

163 So. 3d 616

District Court of Appeal of Florida | Filed: Apr 16, 2015 | Docket: 2650265

Cited 2 times | Published

defense based on the statute of limitations, section 440.19, Florida Statutes (2010). Because the cross-appeal

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

petition for benefits expired pursuant to Florida Statute 440.19.” A-*7though Wilczewski and Leon received

Punsky v. Clay County Board of County Commissioners

60 So. 3d 1088, 2011 Fla. App. LEXIS 4410, 2011 WL 1167205

District Court of Appeal of Florida | Filed: Mar 31, 2011 | Docket: 60300049

Cited 2 times | Published

first point on appeal, claimant contends that section 440.19(6) permits an award of either zero costs or

Medpartners/Diagnostic Clinic Medical Group, P.A. v. Zenith Insurance Co.

23 So. 3d 202, 2009 Fla. App. LEXIS 18199

District Court of Appeal of Florida | Filed: Nov 30, 2009 | Docket: 60282002

Cited 2 times | Published

performed in the course and scope of employment. § 440.19(1), Fla. Stat. (1997 and 2001). The next subsection

medpartners/diagnostic v. Zenith Ins.

23 So. 3d 202

District Court of Appeal of Florida | Filed: Nov 30, 2009 | Docket: 1657553

Cited 2 times | Published

performed in the course and scope of employment. § 440.19(1), Fla. Stat. (1997 and 2001). The next subsection

Rice v. Reedy Creek Improvement Dist.

924 So. 2d 882, 2006 WL 503232

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 1419747

Cited 2 times | Published

first petition for benefits was timely under section 440.19(2), Florida Statutes (2000)[2], his petition

City of Fort Lauderdale v. St. Louis

917 So. 2d 224, 2005 WL 3179405

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 1227940

Cited 2 times | Published

not barred by the statute of limitations. See § 440.19, Fla. Stat. (Supp. 1994). In the order on appeal

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

benefits was barred by the limitation period in section 440.19(2), Florida Statutes (1995), requiring that

Denestan v. Miami-Dade County

789 So. 2d 515, 2001 WL 788354

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 2577371

Cited 2 times | Published

not the initial response to the petition. See § 440.19(4), Fla. Stat. (1997) (the statute of limitations

Florida Hosp. v. Williams

689 So. 2d 1255, 1997 WL 119748

District Court of Appeal of Florida | Filed: Mar 19, 1997 | Docket: 1476766

Cited 2 times | Published

the two-year statute of limitations found in section 440.19, Florida Statutes (1991). Appellants contend

Daytona Beach Geriatric Center v. Linehan

673 So. 2d 548, 21 Fla. L. Weekly Fed. D 1227

District Court of Appeal of Florida | Filed: May 20, 1996 | Docket: 1671440

Cited 2 times | Published

in the successful prosecution of his claim." Section 440.19(1)(e), Florida Statutes (1991), provides, in

Borges v. Osceola Farms Co.

651 So. 2d 173, 1995 WL 66956

District Court of Appeal of Florida | Filed: Feb 21, 1995 | Docket: 1518291

Cited 2 times | Published

Moreover, we note the E/C fulfilled its duty under section 440.19(1)(f)7, Florida Statutes (Supp. 1990), to controvert

Wright v. Douglas N. Higgins, Inc.

617 So. 2d 460, 1993 WL 141254

District Court of Appeal of Florida | Filed: May 4, 1993 | Docket: 457735

Cited 2 times | Published

of the Division of Worker's Compensation. See § 440.19(1), Fla. Stat. (1989). If that had been done,

McWilliams v. AMERICAN DUTCH HOTEL

595 So. 2d 253, 1992 WL 42459

District Court of Appeal of Florida | Filed: Mar 9, 1992 | Docket: 120456

Cited 2 times | Published

two-year statute of limitations set out in Section 440.19(1)(a), Florida Statutes (1985). Although appellant's

SKIP'S SHOES & WESTERN BOOTS v. Green

578 So. 2d 439, 1991 WL 60025

District Court of Appeal of Florida | Filed: Apr 18, 1991 | Docket: 440618

Cited 2 times | Published

benefits to the claimant [on February 21, 1985]." See § 440.19(1), Florida Statutes (the right to compensation

Liberty Mut. Ins. Co. v. Fuchs Baking Co.

577 So. 2d 603, 1991 Fla. App. LEXIS 1938, 1991 WL 30421

District Court of Appeal of Florida | Filed: Mar 11, 1991 | Docket: 1654146

Cited 2 times | Published

attention "furnished by the employer." Under section 440.19(1)(a), Florida Statutes (1975), the right to

Riggs v. AL RASKA CONTRACTING/MISSION NAT. INS. CO./FIGA

573 So. 2d 155, 1991 Fla. App. LEXIS 424, 1991 WL 5010

District Court of Appeal of Florida | Filed: Jan 15, 1991 | Docket: 2532283

Cited 2 times | Published

the two year statute of limitations found in Section 440.19(2)(a), Florida Statutes (1981). We find that

Shafer & Miller, Inc. v. Moore

499 So. 2d 871, 11 Fla. L. Weekly 2571

District Court of Appeal of Florida | Filed: Dec 8, 1986 | Docket: 1444392

Cited 2 times | Published

(1) Subject to the limitations specified in section 440.19(2)(b), the employer shall furnish to the employee

City of Miami v. Tomberlin

492 So. 2d 433, 11 Fla. L. Weekly 1640, 1986 Fla. App. LEXIS 9108

District Court of Appeal of Florida | Filed: Jul 29, 1986 | Docket: 478361

Cited 2 times | Published

asserts that appellee's claim is barred by section 440.19, Florida Statutes (1979) which precludes a

General Elec. Co. v. Spann

479 So. 2d 289, 10 Fla. L. Weekly 2691

District Court of Appeal of Florida | Filed: Dec 6, 1985 | Docket: 1514371

Cited 2 times | Published

The deputy found the claim to be timely under Section 440.19(1)(a), Florida Statutes (1969).[1] This is

Ford v. Alexander Cabinet Co.

467 So. 2d 1050, 10 Fla. L. Weekly 929

District Court of Appeal of Florida | Filed: Apr 11, 1985 | Docket: 1274912

Cited 2 times | Published

13(3)(d), Florida Statutes (Supp. 1978), now Section 440.19(1)(b), Florida Statutes (1983), or under Section

D'AMICO v. Marina Inn & Yacht Harbor, Inc.

444 So. 2d 1038

District Court of Appeal of Florida | Filed: Jan 18, 1984 | Docket: 452003

Cited 2 times | Published

therefore do not consider the applicability of § 440.19(2)(a) to such a claim. [3] The provision in question

Whiteman v. United Parcel Service

438 So. 2d 1042

District Court of Appeal of Florida | Filed: Oct 14, 1983 | Docket: 2534036

Cited 2 times | Published

barred by the two-year statute of limitations. Section 440.19(2)(a), Florida Statutes (1981), bars claims

Gunn's Quality Glass & Mirrors, Inc. v. Strode

425 So. 2d 73

District Court of Appeal of Florida | Filed: Dec 16, 1982 | Docket: 1181883

Cited 2 times | Published

but not filed as a claim in accordance with Section 440.19(2)(d), did not qualify as a claim. The filing

Barnett v. EMR TELEMETRY

396 So. 2d 791

District Court of Appeal of Florida | Filed: Mar 27, 1981 | Docket: 1732151

Cited 2 times | Published

furnished by the employer; ... [Emphasis supplied] Section 440.19(1)(a) provides: The right to compensation for

Ken Lones Landscaping, Inc. v. Tucker

382 So. 2d 1368

District Court of Appeal of Florida | Filed: May 6, 1980 | Docket: 1255894

Cited 2 times | Published

affirm as to Points I and II. § 440.13(3)(b) and § 440.19(1)(a), Fla. Stat. (1977), provide that the statute

In Re Fla. Wkrs.'compensation Rules, Etc.

374 So. 2d 981

Supreme Court of Florida | Filed: Sep 20, 1979 | Docket: 1523329

Cited 2 times | Published

any other rules except those of the division. § 440.19(2)(d), Fla. Stat., (1979) provides that: Such

Anderson v. Jarrell

25 So. 2d 490, 157 Fla. 212, 1946 Fla. LEXIS 710

Supreme Court of Florida | Filed: Mar 29, 1946 | Docket: 3267210

Cited 2 times | Published

period of six (6) weeks at $20.00 per week. Section 440.19 Fla. Statutes, 1941, sub-paragraphs 1 and 2

Shannon v. Cheney Bros. Inc.

98 So. 3d 1228, 2012 WL 4490866, 2012 Fla. App. LEXIS 16495

District Court of Appeal of Florida | Filed: Oct 2, 2012 | Docket: 60312141

Cited 1 times | Published

improperly denied by the employer or carrier. See § 440.19(l)-(6), Fla. Stat. (1979) (providing the right

Gore v. Lee County School Board

43 So. 3d 846, 2010 Fla. App. LEXIS 12702, 2010 WL 3421581

District Court of Appeal of Florida | Filed: Aug 31, 2010 | Docket: 2399633

Cited 1 times | Published

tolled the statute of limitations pursuant to section 440.19(2), Florida Statutes (2001). Claimant acknowledged

Certain v. Big Johnson Concrete Pumping, Inc.

34 So. 3d 149, 2010 Fla. App. LEXIS 5884, 2010 WL 1841950

District Court of Appeal of Florida | Filed: Apr 29, 2010 | Docket: 1129158

Cited 1 times | Published

Compensation ("Division") on November 21, 2008. Section 440.19(1), Florida Statutes (2005), provides that

Batista v. Publix Supermarkets, Inc.

993 So. 2d 570, 2008 WL 4643791

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1516200

Cited 1 times | Published

the date of the last payment of compensation. § 440.19(1)(a), Fla. Stat. (1986). However, the statute

Roberson v. ST. JOHNS COUNTY SCHOOL BD.

973 So. 2d 598, 2008 WL 182207

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 1688012

Cited 1 times | Published

was barred by the statute of limitations. See § 440.19, Fla. Stat. (2001). Claimant argues here that

Ginsberg v. ChemMED Corp.

929 So. 2d 633, 2006 WL 1272554

District Court of Appeal of Florida | Filed: May 11, 2006 | Docket: 1421575

Cited 1 times | Published

the running of the statute of limitations, section 440.19, Florida Statutes (1998). Claimant argues that

BORNEISEN v. Home Depot

917 So. 2d 361, 2005 WL 3555573

District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 2528898

Cited 1 times | Published

evidence in the record. The JCC recognized that section 440.19(1)(b), Florida Statutes, provides, as an exception

Florida Birth-Related Neurological Injury Compensation Ass'n v. McKaughan

668 So. 2d 974, 21 Fla. L. Weekly Supp. 91, 1996 Fla. LEXIS 277

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 64762717

Cited 1 times | Published

the injured individual pursues a civil remedy. § 440.19(4), Fla.Stat. (1993). Petitioners contend that

Escambia County Transit v. Stallworth

652 So. 2d 905, 1995 WL 121484

District Court of Appeal of Florida | Filed: Mar 23, 1995 | Docket: 1517967

Cited 1 times | Published

not time-barred, the JCC noted that, under section 440.19(3), Florida Statutes, the statute of limitations

Gunter v. Sauer, Inc.

629 So. 2d 1086, 1994 WL 5312

District Court of Appeal of Florida | Filed: Jan 12, 1994 | Docket: 122409

Cited 1 times | Published

to a claim which meets the requirements of section 440.19(1)(e), Florida Statutes, and that statute identifies

Bell v. Commercial Carriers

603 So. 2d 683, 1992 Fla. App. LEXIS 9156, 1992 WL 197797

District Court of Appeal of Florida | Filed: Aug 18, 1992 | Docket: 64669307

Cited 1 times | Published

statute of limitations, section 440.19(2),1 Florida Statutes (1981). Section 440.-19(2)(a) provides: The

Keller Kitchen Cabinets v. Holder

586 So. 2d 1132, 1991 WL 151971

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1742554

Cited 1 times | Published

and that his claim was therefore governed by Section 440.19(2)(a), Florida Statutes (1979), which provides

Nieves v. Dade County School Bd.

583 So. 2d 697, 1991 WL 104641

District Court of Appeal of Florida | Filed: Aug 5, 1991 | Docket: 1284476

Cited 1 times | Published

care benefits is error. We agree and reverse. Section 440.19(1)(d), Florida Statutes (1983), the statute

ABC Liquors, Inc. v. Creed

573 So. 2d 35, 1990 WL 212131

District Court of Appeal of Florida | Filed: Dec 19, 1990 | Docket: 478822

Cited 1 times | Published

by the two year statute of limitations under section 440.19(1)(b), Florida Statutes (1986). We find that

Lafave v. Bay Consol. Distributors

546 So. 2d 78, 1989 WL 72733

District Court of Appeal of Florida | Filed: Jun 30, 1989 | Docket: 1731024

Cited 1 times | Published

Holmes Lumber Co., 490 So.2d 1252 (Fla. 1986). Section 440.19(1), Florida Statutes, allows a claim to be

City of Hollywood v. Pisseri

504 So. 2d 1262, 11 Fla. L. Weekly 2379

District Court of Appeal of Florida | Filed: Nov 13, 1986 | Docket: 453615

Cited 1 times | Published

pay benefits is without merit according to Section 440.19, Florida Statutes. An injured worker has no

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

parties his claim evaluation conducted pursuant to § 440.19(1), Fla. Stat. The field specialist recommended

Seamco Laboratories, Inc. v. Pearson

424 So. 2d 898

District Court of Appeal of Florida | Filed: Dec 21, 1982 | Docket: 1297168

Cited 1 times | Published

correctly point out the two pertinent statutes: section 440.19(1)(a), Fla. Stat. (1977) and section 440.13(3)(d)

City of St. Augustine v. Allen

404 So. 2d 1115

District Court of Appeal of Florida | Filed: Oct 13, 1981 | Docket: 1768167

Cited 1 times | Published

two *1116 years before the claim was filed. Section 440.19, Florida Statutes (1977). We find the claim

Williams v. Duggan

140 So. 2d 69, 1962 Fla. App. LEXIS 3547

District Court of Appeal of Florida | Filed: Mar 27, 1962 | Docket: 60204407

Cited 1 times | Published

2d 547. He then points to the provisions of Section 440.19(4), Florida Statutes, F.S.A., whereby when

Daniel Murphy v. Polk County Board of County Commissioners, and Commercial Risk Management

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258187

Published

he suffered an accidental work-caused injury. § 440.19(1), Fla. Stat. (2016). 1 A pending, legally sufficient

Ortiz v. Winn-Dixie, Inc., Travelers Insurance, and Sedgwick CMS

District Court of Appeal of Florida | Filed: Dec 23, 2024 | Docket: 69491845

Published

regarding care for her injured urinary tract. See § 440.19(1), Fla. Stat. (barring any PFB that is not “filed

American Airlines Group American Airlines and Sedgwick CMS v. Alejandro Lopez

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553872

Published

provision of “benefits” within the meaning of section 440.19(2), Florida Statutes (2019). The underlying

Robert Schiano v. City of Hollywood Police Deparment/ Employer's Mutual, Inc.

District Court of Appeal of Florida | Filed: Aug 21, 2019 | Docket: 16089875

Published

performed in the course and scope of employment. § 440.19(1), Fla. Stat. (2014). This two-year period is

Teresita De Jesus Abreu v. Riverland Elementary School and Broward County etc.

District Court of Appeal of Florida | Filed: Jun 18, 2019 | Docket: 15788546

Published

the employee was exposed, can cause the injury); § 440.19(4), Fla. Stat. (“If a claimant contends that an

Ring Power Corporation and United Self etc. v. Andrew Murphy

238 So. 3d 906

District Court of Appeal of Florida | Filed: Feb 23, 2018 | Docket: 6314223

Published

asserted a statute-of- limitations defense. See § 440.19, Fla. Stat. (2006) (establishing general two-year

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

barred by the statute of limitations found in section 440.19, Florida Statutes, which provides that a PFB

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

any reporting requirement, we must look to section 440.19, Florida Statutes (2012) (requiring generally

Panzer Law, P. A. v. Palm Beach County School District

150 So. 3d 823, 2014 WL 5099434

District Court of Appeal of Florida | Filed: Oct 12, 2014 | Docket: 1443353

Published

Compensation Law and the statutory citations were to section 440.19, not 440.192. A comparison of the two subsections

Panzer Law, P. A. v. Palm Beach County School District

150 So. 3d 823, 2014 WL 5099434

District Court of Appeal of Florida | Filed: Oct 12, 2014 | Docket: 1443353

Published

Compensation Law and the statutory citations were to section 440.19, not 440.192. A comparison of the two subsections

Pomerantz v. Palm Beach County Sheriff's Office & USIS

131 So. 3d 823, 2014 WL 483471, 2014 Fla. App. LEXIS 1738

District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60238189

Published

running of the statutory limitations period under section 440.19, Florida Statutes (2008). Finding no merit

Childers v. Clay County Board of County Commissioners

128 So. 3d 201, 2013 WL 6438949, 2013 Fla. App. LEXIS 19595

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60237028

Published

two-year limitations period. See § 440.19(1), Fla. Stat. (2007); § 440.19(2), Fla. Stat. (2007) (“[pjayment

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

the two-year limitations period set forth in section 440.19(1), Florida Statutes (2006).2 In rejecting

Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management

122 So. 3d 440, 2013 WL 5302584, 2013 Fla. App. LEXIS 15084

District Court of Appeal of Florida | Filed: Sep 23, 2013 | Docket: 60234695

Published

benefits two years after the industrial accident. See § 440.19(1), Fla. Stat. (2009).5 Like the statutory limit

Miami-Dade County School Board v. Russ

88 So. 3d 1038, 2012 WL 1929914, 2012 Fla. App. LEXIS 8561

District Court of Appeal of Florida | Filed: May 29, 2012 | Docket: 60308119

Published

benefits. For the reasons below, we reverse. Section 440.19(4), Florida Statutes (2006), provides: Notwithstanding

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

alleging the limitations period set forth in section 440.19, Florida Statutes, had run. Claimant, in turn

Varitimidis v. WALGREEN COMPANY

58 So. 3d 406, 2011 Fla. App. LEXIS 5349, 2011 WL 1414181

District Court of Appeal of Florida | Filed: Apr 14, 2011 | Docket: 2365233

Published

was barred by the statute of limitations. Section 440.19, Florida Statutes (2007), provides in pertinent

Coburn v. Polk County Board of County Commissioners

51 So. 3d 551, 2010 Fla. App. LEXIS 19947, 2010 WL 5558346

District Court of Appeal of Florida | Filed: Dec 21, 2010 | Docket: 60297652

Published

barred by the one-year statute of limitations in section 440.19(2), Florida Statutes (2009). Claimant sought

Padilla v. Collins Contracting

22 So. 3d 124, 2009 Fla. App. LEXIS 16135, 2009 WL 3491034

District Court of Appeal of Florida | Filed: Oct 30, 2009 | Docket: 60267013

Published

the two-year statute of limitations period. See § 440.19(1), Fla. Stat. (2006). REVERSED and REMANDED.

Troche v. Geico

966 So. 2d 460, 2007 WL 2890128

District Court of Appeal of Florida | Filed: Oct 5, 2007 | Docket: 1271323

Published

to the statute of limitations set forth in section 440.19(1), Florida Statutes (2001). Claimant originally

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

is barred by the statute of limitations in section 440.19, Florida Statutes. Relying on Fontanills v

Kimmins Corp. v. Truc

941 So. 2d 1257, 2006 Fla. App. LEXIS 19313, 2006 WL 3328214

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 64847831

Published

within the two-year period in accordance with section 440.19(l)(a), Florida Statutes (1992), was apparently

Camus v. Manatee County School Board

923 So. 2d 1266, 2006 Fla. App. LEXIS 4365, 2006 WL 778637

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 64843080

Published

was within the limitations period imposed by section 440.19, Florida Statutes (1995),2 Dr. McGarahan continued

City of Pembroke Pines v. Villasenor

894 So. 2d 991, 2005 Fla. App. LEXIS 6, 2005 WL 17673

District Court of Appeal of Florida | Filed: Jan 5, 2005 | Docket: 64836248

Published

This, rather than the two years mentioned in section 440.19, Florida Statutes, is the correct limitations

Benton v. ICR Electric

852 So. 2d 295, 2003 Fla. App. LEXIS 10857, 2003 WL 21663679

District Court of Appeal of Florida | Filed: Jul 17, 2003 | Docket: 64824359

Published

minor dependents of the decedent. Pursuant to section 440.19(5), Florida Statutes (1997), the two-year limitations

Hartzog v. New York Yankees

847 So. 2d 1115, 2003 Fla. App. LEXIS 9461, 2003 WL 21401268

District Court of Appeal of Florida | Filed: Jun 19, 2003 | Docket: 64823460

Published

statute in effect at the time he was injured, section 440.19(l)(c), Florida Statutes (1991).1 As such, under

Sodpolis, Inc. v. Banegas

799 So. 2d 361, 2001 Fla. App. LEXIS 15647, 2001 WL 1359507

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 64810013

Published

statute of limitations had run pursuant to section 440.19, Florida Statutes, and that jurisdiction over

Tampa Bay Performing Arts Center v. Campbell

789 So. 2d 511, 2001 Fla. App. LEXIS 9708, 2001 WL 789066

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 64806719

Published

application of the statute of limitations pursuant to section 440.19(2), Florida Statutes (1995), the allocation

Parry v. South Miami Hospital

778 So. 2d 997, 2000 Fla. App. LEXIS 7594, 2000 WL 795294

District Court of Appeal of Florida | Filed: Jun 22, 2000 | Docket: 64803914

Published

two-year statute of limitations contained in section 440.19(l)(b), Florida Statutes (1991). The decision

Claims Management, Inc. v. Philip

746 So. 2d 1180, 1999 Fla. App. LEXIS 16525, 1999 WL 1112551

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 64792961

Published

barred by the statute of limitations under section 440.19, Florida Statutes (1994). We reverse. Claimant

Arboleda v. Premier Beverage Co.

739 So. 2d 655, 1999 Fla. App. LEXIS 10632, 1999 WL 594263

District Court of Appeal of Florida | Filed: Aug 10, 1999 | Docket: 64790286

Published

which his claim was denied as untimely under section 440.19(1), Fla. Stat. (1991). The petition for benefits

Kennedy v. Orlando Shader Realty

711 So. 2d 156, 1998 Fla. App. LEXIS 5223, 1998 WL 233392

District Court of Appeal of Florida | Filed: May 12, 1998 | Docket: 64781064

Published

comply with the specificity requirements of section 440.19(l)(e)l, Florida Statutes (1991). Further, the

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

from Dr. Levitt. We find the claim barred by section 440.19, Florida Statutes (1987), and reverse. After

Mays v. Packers

677 So. 2d 992, 1996 Fla. App. LEXIS 8386, 1996 WL 454789

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 64766508

Published

date of injury, contrary to the provisions of section 440.19(l)(d), Florida Statutes (1989). As we consider

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

to a monetary penalty under section 440.185(9). § 440.19(l)(e)(7), Fla.Stat. (1993). In reaching his decision

In re Amendments to the Florida Rules of Workers' Compensation Procedure

674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

other-rules-except those of the division-,- — Section 440.19(2)(d)> Florida Statutes (1979), provides that:

Gilbert v. Pinellas Suncoast Transit Authority

674 So. 2d 818, 1996 Fla. App. LEXIS 5553, 1996 WL 241576

District Court of Appeal of Florida | Filed: May 13, 1996 | Docket: 64765044

Published

by the statute of limitations set forth in section 440.19(1), Florida Statutes (1985). Because the claimant’s

Continental Can Co. v. Bailey

668 So. 2d 695, 1996 Fla. App. LEXIS 1597, 1996 WL 82755

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762643

Published

have been denied because it was untimely under section 440.19(l)(b), Florida Statutes (1983). The claimant

Sanchez v. Acapulco Plasters & Stucco

668 So. 2d 298, 1996 Fla. App. LEXIS 1477, 1996 WL 71124

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762462

Published

limitations in effect on the date of the accident, section 440.19, Florida Statutes (1991), provided: The right

St. Joseph Hospital v. Causey

667 So. 2d 464, 1996 Fla. App. LEXIS 542, 1996 WL 34063

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 64762002

Published

urging that the statute of limitations under section 440.19, Florida Statutes, had run; modification was

Colonial Oaks Apartment v. Hood

680 So. 2d 446, 1996 Fla. App. LEXIS 287, 1996 WL 16600

District Court of Appeal of Florida | Filed: Jan 19, 1996 | Docket: 64767827

Published

constituted a “prosthetic device” for the purposes of section 440.19(l)(b), Florida Statutes (1990). Upon our determination

Wright v. Industrial Automotive

662 So. 2d 1321, 1995 Fla. App. LEXIS 11581, 1995 WL 642666

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64760198

Published

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

United Way of America v. Merlo

659 So. 2d 1248, 1995 Fla. App. LEXIS 9026, 1995 WL 504874

District Court of Appeal of Florida | Filed: Aug 28, 1995 | Docket: 64758557

Published

barred by the two-year statute of limitations, section 440.19(2)(b), Florida Statutes (1989). Appellants

Holder v. Waldrop

654 So. 2d 1059, 1995 Fla. App. LEXIS 5443, 1995 WL 307162

District Court of Appeal of Florida | Filed: May 22, 1995 | Docket: 64756214

Published

statute, that term is adequately defined in section 440.19(l)(e)l which provides that a “claim” shall:

Stallings v. F.M.C. Corp.

651 So. 2d 724, 1995 Fla. App. LEXIS 1850, 1995 WL 73570

District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 64754852

Published

benefits under the Workers’ Compensation Act. Section 440.19(l)(d) bars the right to compensation for death

Rabon v. Hardaway Construction

651 So. 2d 179, 1995 Fla. App. LEXIS 1646, 1995 WL 67066

District Court of Appeal of Florida | Filed: Feb 21, 1995 | Docket: 64754616

Published

bar the claim, because the 1979 amendment to section 440.19(2)(b), Florida Statutes, abrogating the statute

Straw v. Steve Moore Chevrolet

651 So. 2d 708, 1995 Fla. App. LEXIS 868, 1995 WL 44313

District Court of Appeal of Florida | Filed: Feb 7, 1995 | Docket: 64754848

Published

failed to meet the specificity requirements of section 440.19(l)(e)l, Florida Statutes (1991), the mandatory

Brunswick Corp. v. Cummings

648 So. 2d 787, 1994 Fla. App. LEXIS 12804, 1994 WL 712728

District Court of Appeal of Florida | Filed: Dec 23, 1994 | Docket: 64753438

Published

Smith, 475 So.2d 992 (Fla. 1st DCA 1985). . Section 440.19(l)(a) & (b) bar disability compensation and

Nelson v. Henkels & McCoy, Inc.

641 So. 2d 144, 1994 Fla. App. LEXIS 7071, 1994 WL 372883

District Court of Appeal of Florida | Filed: Jul 19, 1994 | Docket: 64750300

Published

medical care and treatment was time barred by section 440.19, Florida Statutes. We reverse and remand for

Juarez v. Burger King 22

638 So. 2d 623, 1994 Fla. App. LEXIS 6533, 1994 WL 313732

District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 64749228

Published

accident. See § 440.19(l)(a), Fla.Stat. (1985). We formerly noted that section 440.19’s two-year limitations

Bravo v. Gulf & Western Food Products

637 So. 2d 63, 1994 Fla. App. LEXIS 4689, 1994 WL 189978

District Court of Appeal of Florida | Filed: May 18, 1994 | Docket: 64748403

Published

held that under the unique facts presented, section 440.19(l)(a), Florida Statutes, rather than section

Smith v. Dollar General Corp.

634 So. 2d 1134, 1994 Fla. App. LEXIS 3335, 1994 WL 120059

District Court of Appeal of Florida | Filed: Apr 12, 1994 | Docket: 64747610

Published

time-barred under the statute of limitations, section 440.19, Florida Statutes (1985). We affirm. Whiteman

Peo v. Maas Bros.

634 So. 2d 1130, 1994 Fla. App. LEXIS 3345, 1994 WL 120056

District Court of Appeal of Florida | Filed: Apr 12, 1994 | Docket: 64747608

Published

a prosthetic device” as con- ■ templated in section 440.19(l)(b), Florida Statutes (1983). The medical

Gold Coast Medical Group v. Fasano

634 So. 2d 325, 1994 Fla. App. LEXIS 3348, 1994 WL 120046

District Court of Appeal of Florida | Filed: Apr 12, 1994 | Docket: 64747190

Published

appellant’s notice to controvert was untimely under section 440.19(l)(e)7, Florida Statutes (1991). The employer/camer’s

Tauben v. Joe's Stone Crabs, Inc.

632 So. 2d 102, 1994 Fla. App. LEXIS 598, 1994 WL 30326

District Court of Appeal of Florida | Filed: Feb 7, 1994 | Docket: 64746446

Published

medical care and treatment were time barred by section 440.19, Florida Statutes. We find that the order of

Benson v. Okeechobee County Sheriff's Department

632 So. 2d 100, 1994 Fla. App. LEXIS 595, 1994 WL 30321

District Court of Appeal of Florida | Filed: Feb 7, 1994 | Docket: 64746445

Published

statute of limitations is not a bar to that claim. § 440.-19(1), Fla.Stat. (1987). It was error for the judge

Parkway General Hospital v. Ogletree

629 So. 2d 989, 1993 Fla. App. LEXIS 12951, 1993 WL 533762

District Court of Appeal of Florida | Filed: Dec 28, 1993 | Docket: 64745392

Published

the claim for benefits failed to comply with section 440.19(l)(e), Florida Statutes, which requires a claim

Watkins v. Wolf

626 So. 2d 1080, 1993 Fla. App. LEXIS 11524, 1993 WL 469430

District Court of Appeal of Florida | Filed: Nov 17, 1993 | Docket: 64744079

Published

November 2, 1981. Pursuant to the provisions of Section 440.19(2)(b), Florida Statutes (1981), an employee’s

MacHacon v. Velda Farms Dairy

619 So. 2d 380, 1993 WL 177933

District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 1721761

Published

within the time restrictions set forth in Florida Statute 440.19(e)(7) [sic]. I further find that the MRI

Commercial Roof Decks v. Flippo

616 So. 2d 138, 1993 Fla. App. LEXIS 3480, 1993 WL 84532

District Court of Appeal of Florida | Filed: Mar 25, 1993 | Docket: 64695257

Published

medical care. The E/C defended the claim citing section 440.19(l)(b), Florida Statutes: All rights for remedial

City of Miami v. Beall

610 So. 2d 631, 1992 Fla. App. LEXIS 12807, 1992 WL 365771

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 64692826

Published

awarding reimbursement of pension offset benefits. Section 440.19(l)(a), Florida Statutes (1979), provides: The

Himes v. Weitz Co.

605 So. 2d 178, 1992 Fla. App. LEXIS 10386, 1992 WL 260579

District Court of Appeal of Florida | Filed: Oct 5, 1992 | Docket: 64670006

Published

by the statute of limitation provisions of section 440.19(1), Florida Statutes (1987). SHIVERS, ZEHMER

Lee v. City of Jacksonville

598 So. 2d 296, 1992 Fla. App. LEXIS 5232, 1992 WL 102454

District Court of Appeal of Florida | Filed: May 15, 1992 | Docket: 64667155

Published

barred by the two year limitations period of section 440.19(l)(a), Florida Statutes. The statute provides

Amendments to Florida Rules of Workers' Compensation Procedure

603 So. 2d 425, 17 Fla. L. Weekly Supp. 296, 1992 Fla. LEXIS 1054, 1992 WL 99236

Supreme Court of Florida | Filed: May 14, 1992 | Docket: 64669263

Published

other rules except those of the division. §Section 440.-19(2)(d), Floridar StaRutesT (1979)¿ provides

Universal Rivet, Inc. v. Cash

598 So. 2d 154, 1992 WL 76742

District Court of Appeal of Florida | Filed: Apr 20, 1992 | Docket: 1737508

Published

pin." To the extent relevant to this appeal, Section 440.19(1)(a), Florida Statutes (1985), provides that

Gilman v. South Florida Water Management District

584 So. 2d 591, 1991 Fla. App. LEXIS 7251, 1991 WL 138125

District Court of Appeal of Florida | Filed: Jul 25, 1991 | Docket: 64660959

Published

However, reliance upon these cases is misplaced. Section 440.19(l)(d) Fla.Stat. requires that all claims be

Cabell v. Spirco Environmental, Inc.

579 So. 2d 838, 1991 Fla. App. LEXIS 4651, 1991 WL 75642

District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 64658802

Published

of employment was made in this state.” . Section 440.19, Florida Statutes (1987), “Time and procedure

Canestrelli v. Torneos Medievales

579 So. 2d 206, 1991 Fla. App. LEXIS 3629, 1991 WL 60015

District Court of Appeal of Florida | Filed: Apr 22, 1991 | Docket: 64658598

Published

for Death Benefits is also barred pursuant to Section 440.19 of the Florida Statutes due to the Employee’s

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

that the two year limitations period under section 440.19(1), Florida Statutes, does not bar the claim

Iafornaro v. Charter Builders

557 So. 2d 898, 1990 Fla. App. LEXIS 1316, 1990 WL 19932

District Court of Appeal of Florida | Filed: Feb 28, 1990 | Docket: 64648651

Published

compensation claim can only be dismissed pursuant to Section 440.19(1)(d), Florida Statutes (1987), or Rule 4.090(a)

Betham v. City of Orlando

556 So. 2d 412, 14 Fla. L. Weekly 2649, 1989 Fla. App. LEXIS 6535, 1989 WL 139129

District Court of Appeal of Florida | Filed: Nov 15, 1989 | Docket: 64647965

Published

commissioner’s order and has standing to challenge it. Section 440.19(l)(a), Florida Statutes, provides: The right

Grieco v. Lehigh Corp.

549 So. 2d 748, 14 Fla. L. Weekly 2338, 1989 Fla. App. LEXIS 5338, 1989 WL 113243

District Court of Appeal of Florida | Filed: Oct 3, 1989 | Docket: 64645271

Published

dismissal of a workers’ compensation claim is section 440.19(l)(d), which authorizes dismissal of a claim

Raymond v. Rapid Express Parcel Delivery of Tampa

548 So. 2d 278, 14 Fla. L. Weekly 2053, 1989 Fla. App. LEXIS 4924, 1989 WL 101067

District Court of Appeal of Florida | Filed: Sep 1, 1989 | Docket: 64644630

Published

asserted that the claim was time-barred under Section 440.19(l)(a), Florida Statutes (1983). Appellant testified

Colvin v. Colvin

544 So. 2d 269, 14 Fla. L. Weekly 1260, 1989 Fla. App. LEXIS 2814, 1989 WL 52826

District Court of Appeal of Florida | Filed: May 23, 1989 | Docket: 64642874

Published

the limitations period for filing his claim. Section 440.19(2)(a), Fla.Stat. (1979); City of Orlando v

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

and one-half years after the alleged injury. Section 440.19, Fla.Stat. provides that a claim must be filed

Iuen v. Live Wire Electric Co.

538 So. 2d 1312, 14 Fla. L. Weekly 460, 1989 Fla. App. LEXIS 649, 1989 WL 10985

District Court of Appeal of Florida | Filed: Feb 14, 1989 | Docket: 64640714

Published

benefits was barred by the statute of limitations, Section 440.19(l)(b), Florida Statutes (1985). We reverse

Garza v. Jordan Farms

532 So. 2d 720, 13 Fla. L. Weekly 2177, 1988 Fla. App. LEXIS 4128, 1988 WL 95692

District Court of Appeal of Florida | Filed: Sep 20, 1988 | Docket: 64637896

Published

dismissed as barred by the statute of limitations, section 440.19(l)(b), Florida Statutes. We affirm. Appellant

Davis v. Kyle

529 So. 2d 1240, 13 Fla. L. Weekly 1927, 1988 Fla. App. LEXIS 3650, 1988 WL 84225

District Court of Appeal of Florida | Filed: Aug 12, 1988 | Docket: 64636489

Published

by the statute of limitations, pursuant to Section 440.19(2)(a), Florida Statutes (1981).1 Although the

Roy T. Brinson Lathing & Drywall v. Thomas

530 So. 2d 379, 13 Fla. L. Weekly 1850, 1988 Fla. App. LEXIS 3547, 1988 WL 81572

District Court of Appeal of Florida | Filed: Aug 8, 1988 | Docket: 64636699

Published

barred by the two year statute of limitation in section 440.19, Florida Statutes. We disagree. In ordering

Morris Canning Corp. v. Blanchard

528 So. 2d 493, 13 Fla. L. Weekly 1632, 1988 Fla. App. LEXIS 3042, 1988 WL 72170

District Court of Appeal of Florida | Filed: Jul 13, 1988 | Docket: 64636025

Published

two-year statute of limitations set out in section 440.19(b), Florida Statutes, clearly barred the 1987

Dixie Transport, Inc. v. Kellom

507 So. 2d 757, 12 Fla. L. Weekly 1314, 1987 Fla. App. LEXIS 8355

District Court of Appeal of Florida | Filed: May 21, 1987 | Docket: 64627371

Published

appeal. The applicable statute of limitations, section 440.19(2)(b), Florida Statutes (1981), provided that:

Newport Trucking v. Gonzalez

497 So. 2d 690, 11 Fla. L. Weekly 2302, 1986 Fla. App. LEXIS 10379

District Court of Appeal of Florida | Filed: Oct 30, 1986 | Docket: 64622997

Published

barred by the statute of limitations found in Section 440.19, Florida Statutes (1983); (2) whether the deputy

City of Clearwater v. Holzhauer

497 So. 2d 694, 11 Fla. L. Weekly 2297, 1986 Fla. App. LEXIS 10388

District Court of Appeal of Florida | Filed: Oct 30, 1986 | Docket: 64622998

Published

statute of limitations contained in either Section 440.19(l)(b) or Section 440.28, Florida Statutes (1983)

Ferguson v. Dade County School Board

495 So. 2d 806, 35 Educ. L. Rep. 876, 11 Fla. L. Weekly 2037, 1986 Fla. App. LEXIS 9815

District Court of Appeal of Florida | Filed: Sep 24, 1986 | Docket: 64622197

Published

determine whether fraud occurred in this case. Section 440.19(l)(a), Florida Statutes (1970), acts as a statute

Stromberg-Carlson v. Jackson

488 So. 2d 545, 11 Fla. L. Weekly 697, 1986 Fla. App. LEXIS 6965

District Court of Appeal of Florida | Filed: Mar 20, 1986 | Docket: 64619331

Published

barred by the statute of limitations because section 440.19(4), Florida Statutes (1983) provides that the

University of Florida v. McLarthy

483 So. 2d 723

District Court of Appeal of Florida | Filed: Feb 14, 1986 | Docket: 1511903

Published

held that the claim was properly filed under section 440.19(1)(a)[1] because the current claim sought only

Boyd v. Florida Memorial College

475 So. 2d 990, 10 Fla. L. Weekly 2159, 1985 Fla. App. LEXIS 15241

District Court of Appeal of Florida | Filed: Sep 18, 1985 | Docket: 64614327

Published

limitations on Boyd’s claim ran on February 4, 1983. Section 440.19(2)(b), Florida Statutes (1979). Boyd was released

Eagle Point Mobile Home Estates v. Smith

475 So. 2d 992, 10 Fla. L. Weekly 2160, 1985 Fla. App. LEXIS 15938

District Court of Appeal of Florida | Filed: Sep 18, 1985 | Docket: 64614329

Published

remedial attention furnished by the employer Section 440.19(2)(b), Florida Statutes (1981) (emphasis supplied)

Dump All, Inc. v. Grossman

475 So. 2d 976, 10 Fla. L. Weekly 2149, 1985 Fla. App. LEXIS 15855

District Court of Appeal of Florida | Filed: Sep 17, 1985 | Docket: 64614323

Published

(1981): Subject to the limitations specified in Section 440.19(2)(b), the employer shall furnish to the employee

Daniel v. Holmes Lumber Co.

471 So. 2d 60, 10 Fla. L. Weekly 1109, 1985 Fla. App. LEXIS 13846

District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 64612645

Published

the limitations provision of Florida Statutes, § 440.19(1), and Judges Ervin, Smith, Shivers, Wiggin-ton

Fuchs Baking Co. v. Worley

465 So. 2d 650, 10 Fla. L. Weekly 765, 1985 Fla. App. LEXIS 13185

District Court of Appeal of Florida | Filed: Mar 22, 1985 | Docket: 64610721

Published

by the applicable statute of limitations. Section 440.-19(2)(a), Florida Statutes (1981), bars a claimant’s

Escribano v. Westinghouse Electric Co.

453 So. 2d 130, 1984 Fla. App. LEXIS 14214

District Court of Appeal of Florida | Filed: Jul 12, 1984 | Docket: 64606021

Published

the running of the Statute of Limitations, section 440.19(2), Florida Statutes (1979). Appellant contends

Escribano v. Westinghouse Electric Co.

453 So. 2d 130, 1984 Fla. App. LEXIS 14214

District Court of Appeal of Florida | Filed: Jul 12, 1984 | Docket: 64606021

Published

the running of the Statute of Limitations, section 440.19(2), Florida Statutes (1979). Appellant contends

City of Clearwater v. Donahue

450 So. 2d 353, 1984 Fla. App. LEXIS 13309

District Court of Appeal of Florida | Filed: May 30, 1984 | Docket: 64604897

Published

Accordingly, the City of Clearwater’s argument that Section 440.19, Florida Statutes (1983), bars Donahue’s claim

State, Department of Agriculture v. Hinote

442 So. 2d 297, 1983 Fla. App. LEXIS 24460

District Court of Appeal of Florida | Filed: Dec 1, 1983 | Docket: 64601486

Published

barred by the two-year statute of limitations, section 440.19(2)(b), Florida Statutes (1979). The issue arises

Westinghouse Electric Corp. v. Dale

439 So. 2d 989, 1983 Fla. App. LEXIS 22738

District Court of Appeal of Florida | Filed: Oct 26, 1983 | Docket: 64600301

Published

(1975), which is substantially the same as section 440.19(2)(b), Florida Statutes (1981), provides in

McCray v. Beverly Hills Plantation

437 So. 2d 764, 1983 Fla. App. LEXIS 21635

District Court of Appeal of Florida | Filed: Sep 12, 1983 | Docket: 64599496

Published

and rendered an advisory decision pursuant to section 440.19(1). Therefore, based on the rationale of Ridge

Shaw v. Cadillac Southern Development

431 So. 2d 711, 1983 Fla. App. LEXIS 20725

District Court of Appeal of Florida | Filed: May 20, 1983 | Docket: 64597085

Published

barred by the applicable statute of limitations, Section 440.19(2)(a), Florida Statutes. Affirmed. LARRY G

Cecil W. Perry, Inc. v. Lopez

425 So. 2d 180, 1983 Fla. App. LEXIS 18489

District Court of Appeal of Florida | Filed: Jan 18, 1983 | Docket: 64594654

Published

1981, one day after the limitation period. Section 440.19(l)(a) and (c), Florida Statutes (1977), are

City of St. Augustine v. Allen

424 So. 2d 939, 1983 Fla. App. LEXIS 18432

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 64594527

Published

the date of the last of such payments under section 440.19(l)(a), Florida Statutes (1977). The employer/carrier

Cleveland v. Everson

415 So. 2d 763, 1982 Fla. App. LEXIS 20090

District Court of Appeal of Florida | Filed: May 21, 1982 | Docket: 64590682

Published

deputy, rather than the Division, is sufficient. Section 440.19(1), Florida Statutes (1977). Additionally,

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

deputy’s other findings of statutory non-compliance, § 440.19(1) relates to the investigative responsibility

Ramada Inn v. Foster

409 So. 2d 1087, 1982 Fla. App. LEXIS 18965

District Court of Appeal of Florida | Filed: Jan 18, 1982 | Docket: 64587933

Published

because of lack of specificity as required by Section 440.19(2)(d), Florida Statutes (1979), and Rule 3

City of West Palm Beach v. Stevens

408 So. 2d 698, 1982 Fla. App. LEXIS 18891

District Court of Appeal of Florida | Filed: Jan 11, 1982 | Docket: 64587317

Published

other things, that the limitations period of Section 440.19, Florida Statutes, had been tolled by the employer’s

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

decision on whether the claimed benefits are due. Section 440.19(1). Obviously, the Division made no such response

Albertson's Southco v. Williams

402 So. 2d 1342, 1981 Fla. App. LEXIS 20970

District Court of Appeal of Florida | Filed: Sep 2, 1981 | Docket: 64584852

Published

reached maximum medical improvement (MMI). Section 440.19(2)(d), Florida Statutes (1979), requires a

Orin Cummings Construction Co. v. Beckman

395 So. 2d 629, 1981 Fla. App. LEXIS 19837

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 64581156

Published

temporary partial disability compensation. Section 440.19(2)(d), Florida Statutes (1979), mandates particularization

McGuire v. Spinoza, Inc.

394 So. 2d 1116, 1981 Fla. App. LEXIS 19611

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 64580837

Published

was not barred by the statute of limitations. Section 440.19(2), Florida Statutes. The check dated October

Performing Arts, Inc. v. Gardner

394 So. 2d 209, 1981 Fla. App. LEXIS 19519

District Court of Appeal of Florida | Filed: Feb 23, 1981 | Docket: 64580477

Published

reversible error and affirm the order appealed. Section 440.19(1), Florida Statutes (1980), establishes the

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

appellee’s claim letter failed to comply with § 440.19(2)(d), Fla.Stat. (1979), which requires that the

Jones v. K & L Contractors

392 So. 2d 375, 1981 Fla. App. LEXIS 18871

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64579612

Published

a claim for workers’ compensation benefits. Section 440.19(2)(d), Fla.Stat. (1979), sets out the requirements

Western Liquors Corp. v. Studer

391 So. 2d 250, 1980 Fla. App. LEXIS 18220

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 64579226

Published

Florida Statutes (1975) (current version at Section 440.19(2)(b), Florida Statutes (1979)). We disagree

Bing v. Ocala Cleat Co.

383 So. 2d 709, 1980 Fla. App. LEXIS 16698

District Court of Appeal of Florida | Filed: May 1, 1980 | Docket: 64576090

Published

incompetency sufficient to defeat applicability of § 440.-19(1)(a), Florida Statutes (1973), can be found in

Plant City Steel v. Grace

381 So. 2d 738

District Court of Appeal of Florida | Filed: Apr 1, 1980 | Docket: 1718816

Published

by the § 440.15(6)(f) six weeks limitation, and § 440.19 is not applicable. Empire Furniture Factory v

Hall v. Division of Workers' Compensation, Department of Labor & Employment Security

381 So. 2d 333, 1980 Fla. App. LEXIS 16306

District Court of Appeal of Florida | Filed: Mar 20, 1980 | Docket: 64575090

Published

employer/carrier may file a motion to dismiss. Section 440.19(2)(d) sets forth the information that must

Wallace v. Walton Context Building

379 So. 2d 1311, 1980 Fla. App. LEXIS 15955

District Court of Appeal of Florida | Filed: Feb 13, 1980 | Docket: 64574421

Published

judge erred in finding his claim time-barred under § 440.19, Florida Statutes (1977). We agree and reverse

Krajenta v. Division of Workers' Compensation, Department of Labor & Employment Security

376 So. 2d 1200, 1979 Fla. App. LEXIS 15660

District Court of Appeal of Florida | Filed: Nov 2, 1979 | Docket: 64572807

Published

Pinel-las County. The claim was filed pursuant to Section 440.19(l)(c), Fla.Stat. (1977),1 Fla. W.C.R.P. 4,2

In re Florida Workers' Compensation Rules of Procedure

374 So. 2d 981, 1979 Fla. LEXIS 4794

Supreme Court of Florida | Filed: Sep 20, 1979 | Docket: 64571875

Published

any other rules except those of the division. § 440.19(2)(d), Fla.Stat., (1979) provides that: Such claim

Bay Plumbing Co. v. Harbin

337 So. 2d 799, 1976 Fla. LEXIS 4498

Supreme Court of Florida | Filed: Sep 16, 1976 | Docket: 64555213

Published

The same filing requirement is contained in Section 440.19(l)(c), Florida Statutes (1975). Section 440

McConnell Wetenhall Citrus Properties v. Special Disability Trust Fund

304 So. 2d 112, 1974 Fla. LEXIS 4121

Supreme Court of Florida | Filed: Nov 27, 1974 | Docket: 64542943

Published

within which to file his claim for compensation. F.S. 440.19. It is necessary therefore that the Fund be timely

Collins v. Town of Palm Beach

272 So. 2d 479, 1973 Fla. LEXIS 4889

Supreme Court of Florida | Filed: Jan 31, 1973 | Docket: 64530077

Published

statute of limitations of two years (Fla.Stat. § 440.19(b), F.S.A.), or the failure to give notice pursuant

Catalano v. Hillsborough County Board of Public Instruction

249 So. 2d 24, 1971 Fla. LEXIS 3589

Supreme Court of Florida | Filed: Jun 9, 1971 | Docket: 64520840

Published

Commission on October 10, 1969, is barred by Fla.Stat. § 440.19 which provides that claim for compensation must

Chemstrand Co. v. Enfinger

231 So. 2d 816, 1970 Fla. LEXIS 2866

Supreme Court of Florida | Filed: Feb 11, 1970 | Docket: 64513333

Published

that the claim is barred under Florida Statute § 440.19(1) (a), F.S.A. because not filed within two years

Pinellas Towers, Inc. v. Osborne

215 So. 2d 735, 1968 Fla. LEXIS 2084

Supreme Court of Florida | Filed: Nov 13, 1968 | Docket: 64507323

Published

concur. . “(1) Subject to the provisions of § 440.-19, claim for compensation may be filed with the

Kurtz v. Wall

182 So. 2d 618, 1966 Fla. LEXIS 3890

Supreme Court of Florida | Filed: Jan 19, 1966 | Docket: 64495501

Published

barred by the statute of limitations. F.S. Section 440.19(1) (a), F.S.A. The point is not raised in this

Cameron v. City of Miami Beach

152 So. 2d 163, 1963 Fla. LEXIS 3141

Supreme Court of Florida | Filed: Mar 29, 1963 | Docket: 60211371

Published

the filing of a formal claim as prescribed by Section 440.19, Florida Statutes, F.S.A. A. B. Taff & Sons

Perry v. W. R. Robbins & Son Roofing Co.

145 So. 2d 225, 1962 Fla. LEXIS 2513

Supreme Court of Florida | Filed: Jul 3, 1962 | Docket: 60207223

Published

the injury as set forth in § 440.19(1), Florida Statutes, F.S.A. Section 440.19(2), Florida Statutes, F

Howanitz v. Biscayne Electric, Inc.

139 So. 2d 678, 1962 Fla. LEXIS 3052

Supreme Court of Florida | Filed: Apr 4, 1962 | Docket: 60203252

Published

should have been upheld by the full Commission. Section 440.19(1) (a) provides as follows: “The right to compensation

Hyatt v. Armstrong Cork Co.

121 So. 2d 793, 1960 Fla. LEXIS 2183

Supreme Court of Florida | Filed: Apr 13, 1960 | Docket: 60195259

Published

the two year period for filing a claim under Section 440.19 had not expired upon the date that the claim

Berke Displays, Inc. v. Mick

114 So. 2d 425

District Court of Appeal of Florida | Filed: Sep 10, 1959 | Docket: 60193202

Published

existed a two-year statute of limitations, F.S.A. § 440.19, and on July 1, 1955, a three-year statute of

Robinson v. Johnson

110 So. 2d 68, 1959 Fla. App. LEXIS 3143

District Court of Appeal of Florida | Filed: Mar 26, 1959 | Docket: 60192211

Published

legislature amended the law (Chapter 57-192),' F.S.A. § 440.19 to provide for a two-year period, the effective

Brent v. Brent

107 So. 2d 181

District Court of Appeal of Florida | Filed: Nov 20, 1958 | Docket: 60191332

Published

defense the limitation period as provided by section 440.19, Fla.Stat., F.S.A. At the hearing before the

St. Joe Ice Co. v. Frazier

103 So. 2d 228, 1958 Fla. App. LEXIS 2887

District Court of Appeal of Florida | Filed: Jun 3, 1958 | Docket: 60190260

Published

claim is barred by the statute of limitations. Section 440.19, F.S. (1951), F.S.A., provided that the right

University of Miami, Inc. v. Matthews

97 So. 2d 111

Supreme Court of Florida | Filed: Sep 13, 1957 | Docket: 64489451

Published

DREW, THORNAL and O’CONNELL, JJ., concur. . Section 440.19, R.S.A. . Townsley v. Miami Roofing and Sheet

Bailey's Auto Service v. Mitchell

85 So. 2d 228

Supreme Court of Florida | Filed: Feb 3, 1956 | Docket: 64487584

Published

the ground that the Statute of Limitations, Section 440.19, Florida Statutes, F.S.A., had run inasmuch

Sargent v. Evening Independent, Inc.

62 So. 2d 58, 1952 Fla. LEXIS 1889

Supreme Court of Florida | Filed: Dec 19, 1952 | Docket: 64483850

Published

Commission on January 11, 1950, was too late. .Section 440.19(1), F.S.A., provides that a workmen’s compensation

Faulk v. Harper

62 So. 2d 62, 1952 Fla. LEXIS 1891

Supreme Court of Florida | Filed: Dec 16, 1952 | Docket: 64483852

Published

taken and considered to be true and correct. Section 440.19(1) F.S.A. fixes the time within which a claim

Cullinane v. Crown Can Co.

24 So. 2d 5, 156 Fla. 652, 1945 Fla. LEXIS 958

Supreme Court of Florida | Filed: Dec 7, 1945 | Docket: 3268925

Published

ample time to present a claim for compensation. Section 440.19, Florida Statutes, 1941, and F.S.A. The common

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.