Florida Statute 440.211 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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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 Citing Statute 440.211

Total Results: 7

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 2002-09-19T00:00:00-07:00

Citation: 829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Snippet: agreement filed with the division under section 440.211, Florida Statutes, the informal dispute resolution

Ulico Cas. Co. v. Fernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-01T00:53:00-07:00

Citation: 825 So. 2d 988

Snippet: null and void, under the provisions of section 440.211, Florida Statutes (1995).[2] The JCC concluded …chapter 440, Florida Statutes, contrary to section 440.211(2).[3] We agree with the E/C that the agreement…narrower in scope than that provided in section 440.211(1)(b), allowing the parties to a CBA to agree upon…potential indemnity benefits, the language in section 440.211(1)(b) does not include any requirement whatsoever…#39; compensation benefits. Nothing in section 440.211 countenances such an arrangement; in fact, the

Ariston v. Allied Building Crafts

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-01T00:53:00-07:00

Citation: 825 So. 2d 435

Snippet: resolution (ADR) system, which, pursuant to section 440.211, Florida Statutes (1997),[1] replaces the provisions…workers' compensation system and enacted section 440.211 expressly approving the development by employers…diminishes his right to benefits, contrary to section 440.211(2), which states: "Nothing in this section…sufficiently complies with the provisions of section 440.211(1)(b), Florida Statutes,[2] does not diminish an…medical examinations," as provided in section 440.211(c). In Fernandez, we concluded that although the

Maribona v. Southern Pan Services

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-01T00:00:00-07:00

Citation: 825 So. 2d 434, 2002 Fla. App. LEXIS 9375, 2002 WL 1401701

Snippet: provisions of chapter 440, as authorized by section 440.211, Florida Statutes (1995). We affirm all issues

Heric v. City of Ormond Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1999-04-13T00:53:00-07:00

Citation: 728 So. 2d 1247

Snippet: dispute resolution system consistent with section 440.211, Florida Statutes and that the agreement did not…to workers' compensation benefits. Section 440.211, Florida Statutes (1995) states: (1) Subject to… (Fla.1998), this court clarified that section 440.211 allows for the creation of a procedural system …significant confusion about the distinction section 440.211 draws between benefits and (alternative) procedures…constitute an *1249 alternative. When, as section 440.211 contemplates, a collective bargaining agreement

Gassner v. Bechtel Const.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-11-09T23:53:00-08:00

Citation: 702 So. 2d 548

Snippet: quot;in conformity with the dictates of section 440.211, Florida Statutes ([Supp.] 1994) for industrial… far as permitted by the provisions of Section 440.211 of Chapter 440 of the Florida Statutes. A member…Florida Statutes," as contemplated by section 440.211, Florida Statutes (1995), which provides: (1) Subject…Gassner contends on appeal, as below, that section 440.211, Florida Statutes (1995), does not defeat the jurisdiction…employee's entitlement to benefits." § 440.211(2), Fla. Stat. (1995). The statute manifests a

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

Court: Fla. | Date Filed: 1996-05-16T00:00:00-07:00

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

Snippet: agreement filed with the division under section 440,211, Florida Statutes, the informal dispute resolution…is exempt from EAO consideration under section 440.211, Florida Statutes. 3. Maximum medical improvement…is exempt from EAO consideration under section 440.211, Florida Statutes. 3. Maximum medical improvement