Florida Statute 440.19 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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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 Citing Statute 440.19

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00

Snippet: of employment. § 440.19(1), Fla. Stat. (2019) (emphasis added). Section 440.19(2) allows for a one-year…provision of “benefits” within the meaning of section 440.19(2), Florida Statutes (2019). The underlying…statute of limitations as a defense, citing section 440.19(1) of the Florida Statutes. Under this provision…medical improvement, or permanent impairment. § 440.19(2), Fla. Stat. The JCC described the controlling…again in disregarding the plain language of section 440.19(2). The JCC seems to have improperly equated a

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-21T00:53:00-07:00

Snippet: to section 440.19(4), Florida Statutes. To demonstrate estoppel under section 440.19(4), Claimant…performed in the course and scope of employment. § 440.19(1), Fla. Stat. (2014). This two-year period is …benefit is paid or medical treatment is furnished. § 440.19(2), Fla. Stat. (2014). But, the statute contemplates…C “is estopped from raising a [SOL] defense.” § 440.19(4), Fla. Stat. (2014). Here, although the…880 So. 2d 825, 826 (Fla. 1st DCA 2004). Section 440.19(4) does not include a requirement of intent. Id

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-18T00:53:00-07:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-30T00:00:00-07:00

Citation: 244 So. 3d 403

Snippet: to dismiss for lack of prosecution, and section 440.19, Florida Statutes (2011), the statute of limitations…denial raising SOL defenses pursuant to section 440.19 as to both dates of accident and denying entitlement…pertinent to the analysis of timeliness under section 440.19. The date of filing of a PFB, which meets the specificity…whether its filing was timely pursuant to section 440.19. Disney argues that, instead of Akers, this…facts of this case, the interaction of sections 440.19 and 440.25(4)(i) can prompt a “race to the courthouse

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-22T23:53:00-08:00

Snippet: asserted a statute-of- limitations defense. See § 440.19, Fla. Stat. (2006) (establishing general two-year…period). Murphy responded by asserting that section 440.19(2) applied, making his petition timely. That provision…. 2d 37, 39 (Fla. 1993) (noting that based on § 440.19(2), claimant must receive periodic remedial care…furnish[ed] remedial treatment” indefinitely. See § 440.19(2), Fla. Stat. (2006). We hold it does not. It

City of Dania Beach and PGCS v. David Zipoli

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-10T00:00:00-07:00

Citation: 204 So. 3d 52

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-25T00:00:00-07:00

Citation: 196 So. 3d 543

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

Ricardo Sanchez v. American Airlines and Sedgwick CMS

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-13T00:00:00-07:00

Citation: 169 So. 3d 1197

Snippet: barred by the statute of limitations in section 440.19, Florida Statutes (2011). Finding no error in the…facts, we affirm. Subsection (1) of section 440. 19 provides generally that a PFB must be filed within…extend the statute of limitations under subsection 440. 19(2). For the reasons that follow, we answer this…extend the statute of limitations under subsection 440.19(2). Specifically, this court determined in … of compensation’ within the meaning of section 440.19(l)(b), Florida Statutes (1985).” The definition

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-16T00:00:00-07:00

Citation: 163 So. 3d 616

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-12T00:00:00-07:00

Citation: 150 So. 3d 823

Snippet: Law and the statutory citations were to section 440.19, not 440.192. A comparison of the two subsections…Procedure for Resolving Benefit Disputes” from section 440.19 to section 440.192. See Ch. 93-415

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-07T00:00:00-08:00

Citation: 131 So. 3d 823

Snippet: the statutory limitations period under section 440.19, Florida Statutes (2008). Finding no merit in the…statute of limitations was tolled under section 440.19(1) for one year from the date that the claimant

Childers v. Clay County Board of County Commissioners

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-10T00:00:00-08:00

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

Snippet: case by applying the plain language of section 440.19(4), Florida Statutes, concluding that the employer…PFB. Consequently, under the authority of section 440.19(4), the second PFB is not time-barred. See Certain… held that the limitations period under section 440.19, once expired, cannot be revived by the furnishing…2009) (holding that use of word “toll” in section 440.19(2) requires that there must be some viable period…required by statute. The plain language of section 440.19(4) provides that the limitations period is not

City of North Bay Village v. Guevara

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-06T00:00:00-08:00

Citation: 129 So. 3d 1100

Snippet: two-year limitations period set forth in section 440.19(1), Florida Statutes (2006).2 In rejecting the …statute of limitations defense provided in section 440.19(1). The JCC erred both in finding the E/C failed… statute of limitations as set forth in section 440.19(1). REVERSED. WETHERELL and RAY, JJ., concur.

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-23T00:00:00-07:00

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

Snippet: two years after the industrial accident. See § 440.19(1), Fla. Stat. (2009).5 Like the statutory limit…performed in the course and scope of employment.” § 440.19(1), Fla. Stat. (2009). No. 1D12-3563

Miranda v. Bridge

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-03T00:00:00-07:00

Citation: 112 So. 3d 500

Snippet: of the statute of limitations found in sections 440.19(1) and (2), Florida Statutes (2003). Because we…disability benefits was untimely filed under sections 440.19(1) and (2). Rather, on appeal Claimant argues,

Shannon v. Cheney Bros. Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-02T00:00:00-07:00

Citation: 98 So. 3d 1228

Snippet: improperly denied by the employer or carrier. See § 440.19(l)-(6), Fla. Stat. (1979) (providing the right …from “claim” to “petition for benefits.” Compare § 440.19(l)(a), Fla. Stat. (1993) (providing compensation… barred unless timely “claim” is filed), with § 440.19(1), Fla. Stat. (Supp.1994) (providing compensation… the applicable statute of limitations, section 440.19(2), Florida Statute (2010). Cf. Longley v. Miami-Dade

Miami-Dade County School Board v. Russ

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-29T00:00:00-07:00

Citation: 88 So. 3d 1038

Snippet: benefits. For the reasons below, we reverse. Section 440.19(4), Florida Statutes (2006), provides: Notwithstanding…, Florida Statutes. We disagree because section 440.19(4) places the (potentially) heightened burden on

Ocean Reef Club, Inc. v. Wilczewski

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-21T00:00:00-07:00

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

Snippet: for benefits expired pursuant to Florida Statute 440.19.” A-*7though Wilczewski and Leon received notice…benefits for their alleged workplace injuries. See § 440.19(1), Fla. Stat. (2006) (barring employee petitions…rehabilitative services furnished by the employer. *15§ 440.19(l)(a), Fla. Stat. (1987) (emphasis added). The …issued, the Florida legislature amended section 440.19(l)(a) to add the Timmeny court's judicially

Miranda v. AZUL PLASTERING CORP.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-16T00:00:00-08:00

Citation: 74 So. 3d 1123

Snippet: alleging the limitations period set forth in section 440.19, Florida Statutes, had run. Claimant, in turn, …by clear and convincing evidence. *1125 Section 440.19(4) outlines the standards of proof and burdens

Varitimidis v. WALGREEN COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-14T00:00:00-07:00

Citation: 58 So. 3d 406

Snippet: section 440.19(2) extends rather than shortens limitation period described in section 440.19(1), and …for benefits is timely under section 440.19(1) or section 440.19(2) there is no bar to compensation). …was barred by the statute of limitations. Section 440.19, Florida Statutes (2007), provides in pertinent…medical improvement, or permanent impairment. Section 440.19(1) thus provides that a petition for benefits is…one year by operation of law pursuant to section 440.19(2). See Claims Mgmt., Inc. v. Philip, 746 So.2d