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Florida Statute 440.211 | Lawyer Caselaw & Research
F.S. 440.211 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 440.211

The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.211
440.211 Authorization of collective bargaining agreement.
(1) Subject to the limitation stated in subsection (2), a provision that is mutually agreed upon in any collective bargaining agreement between an individually self-insured employer or other employer upon consent of the employer’s carrier and a recognized or certified exclusive bargaining representative establishing any of the following shall be valid and binding:
(a) An alternative dispute resolution system to supplement, modify, or replace the provisions of this chapter which may include, but is not limited to, conciliation, mediation, and arbitration. Arbitration held pursuant to this section shall be binding on the parties.
(b) The use of an agreed-upon list of health care providers of medical treatment which may be the exclusive source of all medical treatment under this chapter.
(c) The use of a limited list of physicians to conduct independent medical examinations which the parties may agree shall be the exclusive source of independent medical examiners pursuant to this chapter.
(d) A light-duty, modified-job, or return-to-work program.
(e) A vocational rehabilitation or retraining program.
(2) Nothing in this section shall allow any agreement that diminishes an employee’s entitlement to benefits as otherwise set forth in this chapter. Any such agreement in violation of this provision shall be null and void.
History.s. 29, ch. 93-415; s. 35, ch. 2002-194; s. 10, ch. 2013-141.

F.S. 440.211 on Google Scholar

F.S. 440.211 on Casetext

Amendments to 440.211


Arrestable Offenses / Crimes under Fla. Stat. 440.211
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.211.



Annotations, Discussions, Cases:

Cases from cite.case.law:

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 829 So. 2d 791 (Fla. 2002)

. . . AGREEMENTS If authorized by a collective bargaining agreement filed with the division under section 440.211 . . .

MARIBONA, v. SOUTHERN PAN SERVICES, 825 So. 2d 434 (Fla. Dist. Ct. App. 2002)

. . . employee’s union and the employer had supplanted the provisions of chapter 440, as authorized by section 440.211 . . .

ARISTON, v. ALLIED BUILDING CRAFTS, 825 So. 2d 435 (Fla. Dist. Ct. App. 2002)

. . . Building Crafts, created an alternative dispute resolution (ADR) system, which, pursuant to section 440.211 . . . bar, in that the legislature both established the workers’ compensation system and enacted section 440.211 . . . 825 So.2d 988 (Fla. 1st DCA 2002), a CBA which sufficiently complies with the provisions of section 440.211 . . . “a limited list of physicians to conduct independent medical examinations,” as provided in section 440.211 . . . Section 440.211 provides in part: (1) Subject to the limitation stated in subsection (2), a provision . . .

ULICO CASUALTY COMPANY v. FERNANDEZ,, 825 So. 2d 988 (Fla. Dist. Ct. App. 2002)

. . . claimant/employee, Roger Fernandez, is a member, was null and void, under the provisions of section 440.211 . . . examination (IME), otherwise available to him under chapter 440, Florida Statutes, contrary to section 440.211 . . . We are not unaware that section 440.211(1)(c) authorizes “[t]he use of a limited list of physicians to . . . In answering these arguments and others made by the employee that the CBA violated section 440.211(2) . . . These procedural differences do not run afoul of section 440.211(2), Florida Statutes (1995). . . .

HERIC, v. CITY OF ORMOND BEACH, 728 So. 2d 1247 (Fla. Dist. Ct. App. 1999)

. . . Section 440.211, Florida Statutes (1995) states: (1) Subject to the limitation stated in subsection ( . . . what purport to be diminished benefits reveals significant confusion about the distinction section 440.211 . . . When, as section 440.211 contemplates, a collective bargaining agreement establishes an alternative dispute . . . These procedural differences do not run afoul of section 440.211(2), Florida Statutes (1995). . . . The provisions of section 440.211(2), Florida Statutes compel a conclusion that the collective bargaining . . .

H. GASSNER, v. BECHTEL CONSTRUCTION, 702 So. 2d 548 (Fla. Dist. Ct. App. 1997)

. . . jurisdiction, by virtue of a collective bargaining agreement “in conformity with the dictates of section 440.211 . . . Gassner contends on appeal, as below, that section 440.211,- Florida Statutes (1995), does not defeat . . . These procedural differences do not run afoul of section 440.211(2), Florida Statutes (1995). . . . Finally, appellant contends that section 440.211, Florida Statutes (1995), is unconstitutional to the . . . Section 440.211, Florida Statutes (1995), does not preclude employers' agreeing to increased benefits . . .

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

. . . agreement between the petitioner and the employer and is exempt from EAO consideration under section 440.211 . . . agreement between the petitioner and the employer and is exempt from EAO consideration under section 440.211 . . .