Cases from cite.case.law:

MEEHAN, v. ORANGE COUNTY DATA APPRAISALS, 272 So. 3d 458 (Fla. App. Ct. 2019)

. . . raised argument that the order approving the joint stipulation was subject to modification under section 440.28 . . .

UNITED STATES FIRE INSURANCE COMPANY v. HACKETT,, 260 So. 3d 532 (Fla. App. Ct. 2018)

. . . The JCC erroneously interpreted section 440.28 of the Florida Statutes as not authorizing an Employer . . . Scope of Section 440.28. We review the JCC's interpretation of the statute de novo. Lombardi v. S. . . . Claimant argues that section 440.28 provides no point of entry for an E/C to compel an IME on the basis . . . We adhere to our previous interpretation of section 440.28 as encompassing both monetary and medical . . . In an earlier attendant-care case, we noted that section 440.28 allows either of the parties, and the . . .

O. FLORES- ORELLANA, v. CIRCLE- K, 151 So. 3d 477 (Fla. Dist. Ct. App. 2014)

. . . order the Judge of Compensation Claims (JCC) to schedule a hearing on an action pending under section 440.28 . . . dismissing Claimant’s PFB, declaring the proceeding before him to be a modification proceeding under section 440.28 . . . Section 440.28, Florida Statutes (2009), provides that proceedings to modify orders are to be conducted . . .

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

. . . modification that she filed so as to formally request modification of the November 2009 order under section 440.28 . . . See § 440.28, Fla. . . . Section 440.28, provides that an application for modification is required to be filed within two years . . . See § 440.28, Fla. Stat. (2003); see also Univ. of Fla. v. . . . Under section 440.28, even had a petition for modification been filed in December 2011, it would have . . .

AMS STAFF LEASING, INC. v. GIRALDO,, 77 So. 3d 903 (Fla. Dist. Ct. App. 2012)

. . . Analysis The applicable statute, section 440.28, Florida Statutes (2006), provides: Upon a judge of compensation . . .

CHANDLER, v. CENTEX ROONEY CONSTRUCTION COMPANY, 15 So. 3d 837 (Fla. Dist. Ct. App. 2009)

. . . denies that a compensable accident occurred, or prevails in proceedings filed under sections 440.24 or 440.28 . . .

CITY OF HOLLYWOOD v. BENOIT, BENOIT,, 1 So. 3d 1142 (Fla. Dist. Ct. App. 2009)

. . . See §§ 440.24, 440.28, Fla. Stat. (2007). . . .

MURRAY, v. MARINER HEALTH ACE USA,, 994 So. 2d 1051 (Fla. 2008)

. . . or (d) In cases where the claimant successfully prevails in proceedings filed under s. 440.24 or s. 440.28 . . .

T. MYERS, v. HILLSBOROUGH COUNTY SCHOOL BOARD RSKCo,, 982 So. 2d 735 (Fla. Dist. Ct. App. 2008)

. . . merits of future disability claims, the claimant is not required to seek modification under section 440.28 . . .

D. PIGG, v. BALDERSON, INC., 951 So. 2d 914 (Fla. Dist. Ct. App. 2007)

. . . Section 440.28, Florida Statutes (1997), does allow any party in interest to file a petition for modification . . . Thus, even if we were to view the claimant’s 2005 petition as a petition under section 440.28, the petition . . .

OLMO, v. REHABCARE STARMED SRS,, 930 So. 2d 789 (Fla. Dist. Ct. App. 2006)

. . . .]” § 440.28, Fla. Stat. (2001). See Starkman v. . . .

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

. . . See § 440.28, Fla. Stat. (2004). Dr. . . . the time of the original order, or a "mistake of fact” relating to the institution of that order. § 440.28 . . . determinations are res judicata and may not be changed without meeting the requirements of section 440.28 . . .

VALDES, v. GALCO CONSTRUCTION GAB,, 922 So. 2d 252 (Fla. Dist. Ct. App. 2006)

. . . modification proceedings that Galco Construction and its insurance carrier (GAB) instituted under section 440.28 . . . all indemnity payments on the day of his arrest, and filed a petition for modification under section 440.28 . . . case is readily distinguishable from Capps, because here a petition for modification under section 440.28 . . . re-secure’ all or any part of those benefits in the absence of a petition for modification under section 440.28 . . .

WALT DISNEY WORLD v. K. DESSELLES,, 902 So. 2d 828 (Fla. Dist. Ct. App. 2005)

. . . modification of a prior order denying permanent total disability (PTD) benefits pursuant to section 440.28 . . .

ADAMS BUILDING MATERIALS, INC. v. D. BROOKS,, 892 So. 2d 527 (Fla. Dist. Ct. App. 2004)

. . . attendance for such period as the nature of the injury or the process of recovery may require”); § 440.28 . . .

DEPARTMENT OF HRS STATE v. GILES,, 895 So. 2d 431 (Fla. Dist. Ct. App. 2004)

. . . medical benefits, contending that such benefits are barred by the limitations provision of section 440.28 . . . disability claim is barred because she failed to file a petition for modification, as required by section 440.28 . . .

FOSTER, v. EG G FLORIDA, INC., 879 So. 2d 75 (Fla. Dist. Ct. App. 2004)

. . . As the JCC noted, the limitations period for modification of orders as provided for in section 440.28 . . . We review the JCC’s construction of section 440.28 de novo. See Dixon v. . . . This interpretation of section 440.28 would lead to an arbitrary and absurd result and would place an . . . of compensation orders under § 440.28 ... provided application therefore is made within two years of . . . Nelson, 88 So.2d 120, 121 (Fla.1956) (holding that, although section 440.28 is not strictly a statute . . .

SMITH, v. POLK COUNTY BOARD OF COMMISSIONERS,, 843 So. 2d 321 (Fla. Dist. Ct. App. 2003)

. . . Section 440.28, Florida Statutes (1993), provides, in pertinent part, as follows: Upon a judge of compensation . . . Section 440.28 was not intended to afford a claimant a vehicle to relitigate an identical issue that . . . Furthermore, the E/C cannot utilize the provisions in section 440.28 to relitigate the issue of claimant . . .

BROCK, v. TOM THUMB FOOD STORE RSKCo,, 831 So. 2d 266 (Fla. Dist. Ct. App. 2002)

. . . condition has improved, they are free to revisit the issue pursuant to the procedure set out in section 440.28 . . .

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

. . . Application for modification of an order under section 440.28, Florida Statutes, shall be substantially . . . This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . . This order shall not be subject to modification or review under section 440.28, Florida Statutes. • DONE . . . This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . . This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . .

IMC AGRICO MP, INC. v. M. FAULK,, 783 So. 2d 321 (Fla. Dist. Ct. App. 2001)

. . . an appropriate predicate for ordering an offset in proceedings subsequently initiated under section 440.28 . . .

CRAWFORD COMPANY, v. S. APFEL,, 235 F.3d 1298 (11th Cir. 2000)

. . . . § 440.28 (1994), at any time prior to two years after the date of the last payment of compensation . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 795 So. 2d 863 (Fla. 2000)

. . . Application for modification of an order under section 440.28, Florida Statutes, shall be substantially . . . This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . . This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . . This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . . C.This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . .

ALACHUA COUNTY ADULT DETENTION CENTER v. ALFORD,, 727 So. 2d 388 (Fla. Dist. Ct. App. 1999)

. . . See § 440.28, Fla. Stat. (1995) (modification of orders). . . . this court determined that the JCC erred in modifying the claimant’s AWW: Except to the extent section 440.28 . . .

GARCIA, v. NUTMEG MILLS, 722 So. 2d 208 (Fla. Dist. Ct. App. 1998)

. . . relating to claimant’s psychiatric condition without a proper motion and hearing as required by section 440.28 . . .

McTIER, v. BAYFRONT MEDICAL CENTER, 703 So. 2d 1163 (Fla. Dist. Ct. App. 1997)

. . . The washout order is not subject to modification under section 440.28, Florida Statutes, insofar as it . . . ’s hypertension or renal insufficiency,” it was incumbent on them to file a petition, under section 440.28 . . .

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

. . . The agreement precludes any opportunity to modify the final award of an arbitrator, while section 440.28 . . .

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

. . . Application for modification of an order under section 440.28, Florida Statutes, shall be substantially . . . This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . . This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . . This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . . This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . .

BOYNTON LANDSCAPE v. DICKINSON,, 670 So. 2d 151 (Fla. Dist. Ct. App. 1996)

. . . However, the JCC erred in granting modification under section 440.28, Florida Statutes, because the claimant . . . That was not a mistake of fact justifying a modification under section 440.28; it was a mistake of law . . .

HARDRIVES OF DELRAY INC. v. STIMELY, As, 670 So. 2d 108 (Fla. Dist. Ct. App. 1996)

. . . . § 440.28 (1983). . . .

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

. . . The error below in tolling section 440.28, Florida Statutes, during claimant’s prior appeal requires . . . merits of future temporary disability claims subject, of course, to timely modification under section 440.28 . . . for PTD, I find nothing in the controlling provisions or history of our statute, other than section 440.28 . . . Section 440.28 by its literal terms provides that material changes of fact after a final order on permanent . . . The decision against applicability of section 440.28 in Holder v. . . . contends that to obtain the benefits sought, it was not necessary for him to proceed under section 440.28 . . . Cases dealing with the application of section 440.28, Florida Statutes (1985), which permits modification . . . In Caron, this court recognized that resort to section 440.28 is necessary only in those cases where . . . of these doctrines must be present before it becomes necessary for a claimant to resort to Section 440.28 . . . For these reasons, resort below to section 440.28 was unnecessary. . . .

A. KNAPP, v. FLORIDA MINING AND MATERIALS,, 662 So. 2d 983 (Fla. Dist. Ct. App. 1995)

. . . compensation claims (JCC) erred in failing to require a modification of previous orders as required by section 440.28 . . . enforced until the order has been modified pursuant to an application for modification under section 440.28 . . .

NAVARRO, v. SUGARCANE GROWERS COOPERATIVE AND PROFESSIONAL ADMINISTRATORS, INC., 661 So. 2d 946 (Fla. Dist. Ct. App. 1995)

. . . . § 440.28, Fla.Stat. (1993). . . .

CHAMPLOVIER, v. CITY OF MIAMI,, 667 So. 2d 315 (Fla. Dist. Ct. App. 1995)

. . . It is many years too late to modify the 1981 order under section 440.28, Florida Statutes (1977). . . . Champlovier does not seek modification of an order under section 440.28, Florida Statutes (1993). . . . modification on account of “a change in condition or because of a mistake in a determination of fact.” § 440.28 . . . Id., citing § 440.28 Fla.Stat. (1975). . In Gordon v. . . .

METROPOLITAN DADE COUNTY v. ROLLE,, 661 So. 2d 124 (Fla. Dist. Ct. App. 1995)

. . . reasons exist for modifying the 1993 order, the party seeking modification must proceed under section 440.28 . . .

CHASTAIN, v. SCANDINAVIAN HEALTH SPAS, 659 So. 2d 1381 (Fla. Dist. Ct. App. 1995)

. . . The claimant appeals a workers’ compensation order effecting modification pursuant to section 440.28, . . .

BUENA VISTA CONSTRUCTION COMPANY v. CAPPS,, 656 So. 2d 1378 (Fla. Dist. Ct. App. 1995)

. . . estoppel, and law of the case as are applied to judgments in other courts, except to the extent section 440.28 . . . re-secure” all or any part of those benefits in the absence of a petition for modification under section 440.28 . . .

EASTERN AIRLINES GAB, v. GRIFFIN,, 654 So. 2d 1194 (Fla. Dist. Ct. App. 1995)

. . . Gallardo, 505 So.2d 672 (Fla. 1st DCA 1987) (“Section 440.28 by its terms does not limit one seeking . . . commissioner imposed a due diligence standard on the employer/carrier which is not required by section 440.28 . . . Barry, 614 So.2d 666 (Fla. 1st DCA 1993) (Relying on Gallardo, modification pursuant to section 440.28 . . . Although the majority’s opinion in Fawaz did not discuss section 440.28, Florida Statutes, I consider . . . that the statutory grounds for obtaining modification of compensation orders under section 440.28, by . . . provisions of rule 4.130 evidencing any intent to supersede the time-honored requirements of section 440.28 . . . consistent with the interpretation placed by Florida courts on the mistake of fact requirement of section 440.28 . . . The claimant later filed a motion to modify the order pursuant to section 440.28, alleging a mistake . . . the order approving the stipulation remains binding on the parties until modified pursuant to section 440.28 . . .

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

. . . argue that the JCC erred in estopping the E/C from raising the two-year limitations period in section 440.28 . . . We hold that the JCC erred in estopping the E/C from raising the limitations period in section 440.28 . . . claim under section 440.25, Florida Statutes, rather than a petition for modification under section 440.28 . . . the JCC erred in estopping the E/C from asserting the two-year limitations period provided in section 440.28 . . . Section 440.28, Florida Statutes (1979), provides in pertinent part: Modification of Orders. — Upon a . . .

F. BREEN, v. K. SMITH,, 644 So. 2d 183 (Fla. Dist. Ct. App. 1994)

. . . Moreover, we cannot construe the successor JCC’s correction to have been a modification under section 440.28 . . . ; it did not allege a change in condition or mistake in a determination of fact required by section 440.28 . . .

STEVENS, v. PURSELL S WRECKER ROAD SERVICE,, 645 So. 2d 13 (Fla. Dist. Ct. App. 1994)

. . . ) an order obtained through fraud and misrepresentation is grounds for modification, citing Section 440.28 . . . Even if a modification were permissible under Section 440.28, Florida Statutes, such modification must . . .

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

. . . that under the unique facts presented, section 440.19(l)(a), Florida Statutes, rather than section 440.28 . . . JCC was confronted by the employer and carrier’s (E/C) defense that the claim was barred by section 440.28 . . . for additional compensation benefits unless the claim was brought within the time allowed by section 440.28 . . . further cited McLarthy and Holder II as requiring a timely application for modification under section 440.28 . . .

CITY OF NORTH MIAMI, v. MARCY,, 630 So. 2d 601 (Fla. Dist. Ct. App. 1993)

. . . Inc., 557 So.2d 962 (Fla. 1st DCA 1990) (claimant was entitled to an award of a 20% penalty under § 440.28 . . .

METROPOLITAN DADE COUNTY, v. L. BARRY,, 614 So. 2d 666 (Fla. Dist. Ct. App. 1993)

. . . See section 440.28, Florida Statutes (1989); see also, Pitts v. . . . compensation case, and it has little or no application to a petition for modification pursuant to section 440.28 . . .

PLM FLORIDA HOTELS, INC. f k a v. DeMARSEUL,, 611 So. 2d 1360 (Fla. Dist. Ct. App. 1993)

. . . Except to the extent section 440.28 permits modification in cases of a change of condition or a mistake . . .

HOLDER, v. KELLER KITCHEN CABINETS,, 610 So. 2d 1264 (Fla. 1992)

. . . Roe, 566 So.2d 258 (Fla. 1st DCA 1990), [quashed, 587 So.2d 1323 (Fla.1991)]), governed by Sec. 440.28 . . . That section provides in pertinent part: 440.28 Modification of orders.— Upon a judge’s own initiative . . . last payment of compensation pursuant to the 1980 order, the limitation period expressed in section 440.28 . . . As explained by the First District Court of Appeal, Section 440.28 merely serves to allow modification . . . When resort to section 440.28 was not necessary, the judge of compensation claims properly applied the . . .

GRAND BAY HOTEL a v. GUERRA, 605 So. 2d 134 (Fla. Dist. Ct. App. 1992)

. . . for compensation and rehabilitation (not medical) benefits under Sections 440.20(12)(a) and (c) and 440.28 . . .

UNIVERSITY OF FLORIDA, v. H. MASSIE,, 602 So. 2d 516 (Fla. 1992)

. . . district court held that the deputy commissioner erred by not allowing modification pursuant to section 440.28 . . . Massie filed a request for modification of the deputy commissioner’s prior order, pursuant to section 440.28 . . . This section reads as follows: 440.28 Modification of orders. — Upon a deputy commissioner’s own initiative . . .

AMENDMENTS TO FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 603 So. 2d 425 (Fla. 1992)

. . . FOR REIMBURSEMENT FROM SPECIAL DISABILITY TRUST FUND Petitions for modification pursuant to Ssection 440.28 . . . manner provided by law. 4JD) This order shall not be subject to modification or review under Ssection 440.28 . . . (D) This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . . discharged and released. ⅛(0 This order shall not be subject to modification or review under Ssection 440.28 . . . (C) This order shall not be subject to modification or review under section 440.28, Florida Statutes. . . .

SMITH, L. Sr. v. ROSE AUTO STORES, 596 So. 2d 809 (Fla. Dist. Ct. App. 1992)

. . . liability for the employer for compensation shall not be subject to modification or review under section 440.28 . . .

CITY OF MIAMI, v. KNIGHT,, 596 So. 2d 104 (Fla. Dist. Ct. App. 1992)

. . . On appeal, the City of Miami strenuously urges that section 440.28, Florida Statutes, allowing for modification . . .

BRAVO, v. GULF WESTERN FOOD PRODUCTS, n k a, 593 So. 2d 1180 (Fla. Dist. Ct. App. 1992)

. . . Appellant contends that the judge of compensation claims (JCC) erred in applying Section 440.28, Florida . . . appeal, no petition to modify, no claim for further compensation benefits made within two years per FS 440.28 . . . be denied for lack of a timely filing of a petition for modification under the provisions of Section 440.28 . . . Appellant’s remedy was by timely application for modification under Section 440.28, Florida Statutes. . . . Claimant’s failure to bring an action within the two years allowed by Section 440.28, Florida Statutes . . .

STARKMAN, v. BECHTEL POWER CORPORATION, Up,, 588 So. 2d 304 (Fla. Dist. Ct. App. 1991)

. . . number of prior decisions of this court have held that the change of condition provision of Section 440.28 . . .

SANTA ROSA COUNTY BOARD OF COUNTY COMMISSIONERS v. STEPHENS,, 585 So. 2d 1067 (Fla. Dist. Ct. App. 1991)

. . . Claimant maintained that the section 440.28 two-year statute of limitations runs from any compensation . . . At the hearing, the discussion focused on the language of section 440.28, and the construction accorded . . . The statute applicable, section 440.28, Florida Statutes, (1983), provides in part: Modification of orders . . . Holmes Lumber Co. indicates that the construction we accorded to section 440.28 in Ford v. . . . two years of the last voluntary compensation payment is timely within the contemplation of section 440.28 . . .

KELLER KITCHEN CABINETS v. HOLDER,, 586 So. 2d 1132 (Fla. Dist. Ct. App. 1991)

. . . order of the judge of compensation claims which order held that the limitation period under Section 440.28 . . . not obtain TTD benefits in 1988 without seeking modification of the 1980 order pursuant to Section 440.28 . . . years had passed since the last payment of PPD benefits, the limitation period expressed in Section 440.28 . . . Except to the extent that Section 440.28 permits modification, compensation orders are governed by the . . . In Palm Beach County and Atkins, the claimant also proceeded by way of Section 440.28. . . . bars further compensation benefits for temporary disability unless timely modified pursuant to section 440.28 . . . Section 440.28 provides that a claim for modification is timely only if filed “prior to 2 years after . . . Therefore, it can be reasonably postulated that unless the word “compensation” as used in section 440.28 . . . This construction of section 440.28 is consistent with the legislative intent now expressed in section . . . I reject the employer/carriers (sic) position that Florida Statute 440.28 applies, in that I find the . . . Roe, 566 So.2d 258 (Fla. 1st DCA 1990), pending S.Ct. 76-702), governed by Sec. 440.28 or by Sec. 440.19 . . .

GRIFFIN, v. ORLANDO REGIONAL MEDICAL CENTER, 578 So. 2d 448 (Fla. Dist. Ct. App. 1991)

. . . Section 440.28, Florida Statutes (1981), provides in part: Upon a deputy commissioner’s own initiative . . . Consequently, section 440.28 does not preclude appellant from seeking modification of AWW and CR. . . .

SOUTHLAND CORP. v. FARRIS,, 576 So. 2d 886 (Fla. Dist. Ct. App. 1991)

. . . achieve substantial justice," and inappropriately finds "a petition to modify pursuant to Fla.Stat. 440.28 . . .

D. CARON, v. SYSTEMATIC AIR SERVICES, 576 So. 2d 372 (Fla. Dist. Ct. App. 1991)

. . . issues, including the pertinence of general res judicata principles and the inapplicability of section 440.28 . . . when a prior order granting or denying such care, or other statutory benefits, may implicate section 440.28 . . . granted upon proof of “a change in condition” or “a mistake in a determination of fact” under Section 440.28 . . . Except to the extent modification is permitted by Section 440.28, compensation orders are governed by . . . Section 440.28 merely serves to allow modification, upon specified conditions, of compensation orders . . . of these doctrines must be present before it becomes necessary for a claimant to resort to Section 440.28 . . .

PLATT, v. R. C. PROPERTY, 574 So. 2d 176 (Fla. Dist. Ct. App. 1991)

. . . and, from that point forward, governed the rights of the parties until modified pursuant to Section 440.28 . . . liability in exchange for lump-sum payment and that no modification should be allowed under section 440.28 . . . order had become final and, as the judge and the Division note, is no longer modifiable under Section 440.28 . . . Trust Fund’s obligation to make supplemental payments before the time for modification under Section 440.28 . . .

T. PITTS, v. NIMNICHT CHEVROLET, 569 So. 2d 921 (Fla. Dist. Ct. App. 1990)

. . . . § 440.28, Fla.Stat. (1983). . . . permanent disability awarded or denied, additional claims for benefits must be made by way of a section 440.28 . . . It is well settled that modification under section 440.28 must be based on a showing of a change in condition . . .

ALBERTSON S, INC. v. WALTER,, 570 So. 2d 1018 (Fla. Dist. Ct. App. 1990)

. . . Pursuant to § 440.28 the JCC is entitled to modify a previous order on his or her own initiative,, but . . .

H. MASSIE, v. UNIVERSITY OF FLORIDA, 570 So. 2d 963 (Fla. Dist. Ct. App. 1990)

. . . appeals a workers’ compensation order denying his application for modification pursuant to section 440.28 . . . , having been affirmed by this court, was binding on him and could not be relitigated under section 440.28 . . . Therefore, we first focus upon the meaning of the statutory language in section 440.28 and whether such . . . Since 1953 the modification provision has remained substantially intact in section 440.28, with only . . . The decisions state that section 440.28 cannot be used to obtain modification by (a) relitigating the . . . of a claim of compensability, the “mistake in a determination of fact” language provided in Section 440.28 . . . circumstances, any meaningful attempt to place a construction on the pertinent language of section 440.28 . . . deputy commissioner was presented with a legally sufficient motion for modification pursuant to section 440.28 . . .

KING LUMBER COMPANY v. BLOOMFIELD,, 560 So. 2d 389 (Fla. Dist. Ct. App. 1990)

. . . Cf, section 440.28, Florida Statutes. . . .

MALM, v. HOLIDAY THEATRES Co., 560 So. 2d 270 (Fla. Dist. Ct. App. 1990)

. . . Section 440.28, Florida Statutes (1975) provides that “upon the application of any party in interest, . . .

ESCOBAR, v. ECONOMY AWNING COMPANY,, 559 So. 2d 367 (Fla. Dist. Ct. App. 1990)

. . . to so modify the prior order without applying the necessary standards for modification under section 440.28 . . . not have purported to “overrule” that determination without proceeding by modification under section 440.28 . . . upon “a change in condition or because of a mistake in a determination of fact” as required by section 440.28 . . . In remanding for the judge to consider the applicability of section 440.28, we express no opinion as . . .

BRANNIGAN, v. STEVE BARNETT PONTIAC, 555 So. 2d 974 (Fla. Dist. Ct. App. 1990)

. . . Appellant has not raised the specific issue of the application of Section 440.28, Florida Statutes, to . . .

DENEAULT, v. ALACHUA COUNTY SCHOOL BOARD, 555 So. 2d 909 (Fla. Dist. Ct. App. 1990)

. . . In regard to the first issue, claimant urges reversal under Section 440.28, Florida Statutes (1987), . . . Section 440.28 allows a judge, on the ground of a change in condition, to review a compensation case . . . Murphy, 494 So.2d 519, 522 (Fla. 1st DCA 1986), that section 440.28 was designed to “afford relief to . . . Section 440.28 provides in pertinent part: [U]pon the application of any party in interest, on the ground . . .

MONTGOMERY WARD L C, v. WADE,, 545 So. 2d 410 (Fla. Dist. Ct. App. 1989)

. . . This amendment was permissible pursuant to section 440.28, Florida Statutes, which allows modification . . .

SHELFER, v. DAIRYMEN, INC., 543 So. 2d 246 (Fla. Dist. Ct. App. 1989)

. . . He imposed the stricter standard of proof applied to modifications set out in section 440.28, Florida . . . judicata unless the claimant could show a change of condition or a material mistake in fact under section 440.28 . . . subsequent wage loss hearing the burden would be on the ec to show grounds for modification under section 440.28 . . .

THE FLORIDA BAR. In Re WORKERS COMPENSATION RULES OF PROCEDURE, 535 So. 2d 243 (Fla. 1988)

. . . FOR REIMBURSEMENT FROM SPECIAL DISABILITY TRUST FUND Petitions for modification pursuant to Section 440.28 . . .

OAK CONSTRUCTION COMPANY v. JACKSON,, 522 So. 2d 1068 (Fla. Dist. Ct. App. 1988)

. . . were not appealed by claimant and became the law of the case, subject to modification pursuant to § 440.28 . . .

N. PIERCE, v. AETNA INSURANCE COMPANY, a, 519 So. 2d 754 (Fla. Dist. Ct. App. 1988)

. . . See § 440.28, Fla.Stat. (1981). 448 So.2d at 47. Also, in McCormick v. . . .

GATOR SHOE CORPORATION, v. MUNGIA, 510 So. 2d 1192 (Fla. Dist. Ct. App. 1987)

. . . here in question absent “proof of a change in condition or a material mistake of fact” under section 440.28 . . .

AGRICO CHEMICAL COMPANY v. G. TUCKER,, 511 So. 2d 672 (Fla. Dist. Ct. App. 1987)

. . . I would also observe that Section 440.28, Florida Statutes, relating to modification of compensation . . . Clearly, then, section 440.28, in allowing a modified award to be made effective from the date of injury . . . Section 440.28, Florida Statutes (1977), provides that an award of increased benefits as a result of . . .

CITY OF MIAMI, v. KNIGHT,, 510 So. 2d 1069 (Fla. Dist. Ct. App. 1987)

. . . and, on 16 September 1985, the City filed the instant petition for modification pursuant to Section 440.28 . . . been modified by the deputy commissioner pursuant to application for modification pursuant to Section 440.28 . . .

OAKDELL, INC. v. GALLARDO,, 505 So. 2d 672 (Fla. Dist. Ct. App. 1987)

. . . the compensation order after the e/c had filed a motion to set aside the order pursuant to Section 440.28 . . . Section 440.28 provides the dc with the power to modify an order based on change in condition, or because . . . While modification under section 440.28 does not affect compensation previously paid, we find that it . . . Section 440.28 by its terms does not limit one seeking to modify a compensation order to a shorter period . . .

MAGGARD, v. MONTVERDE ACADEMY Co., 505 So. 2d 604 (Fla. Dist. Ct. App. 1987)

. . . upon joint petition of all interested parties shall not be subject to modification or review under § 440.28 . . .

TARVER, v. EASTERN AIRLINES,, 502 So. 2d 48 (Fla. Dist. Ct. App. 1987)

. . . bills as outstanding, the petition did not toll the two-year statute of limitations required by Section 440.28 . . . — conditions which clearly meet the requirement for tolling the two-year period provided in Section 440.28 . . . Section 440.28, Fla.Stat. (1985), provides in pertinent part that "upon the application of any party . . .

NORTHWEST ORIENT AIRLINES v. GONZALEZ,, 500 So. 2d 699 (Fla. Dist. Ct. App. 1987)

. . . claimed and the factual findings on which they rest may be regarded as a proper award under section 440.28 . . .

PROCTOR, v. SWING SET DAY CARE CENTER SEIBELS,, 498 So. 2d 616 (Fla. Dist. Ct. App. 1986)

. . . denying rehabilitation, on the ground that his claim was barred by the statute of limitations in section 440.28 . . . 440.19(2)(a), Florida Statutes, rather than a petition for modification of a prior order under section 440.28 . . . As such, the claim was not barred by the two year statute of limitations under section 440.28. . . .

CITY OF CLEARWATER, v. J. HOLZHAUER,, 497 So. 2d 694 (Fla. Dist. Ct. App. 1986)

. . . filing a new claim and should have proceeded by way of a petition for modification pursuant to Section 440.28 . . . such care cannot toll the statute of limitations contained in either Section 440.19(l)(b) or Section 440.28 . . . We do not feel it is necessary to make a direct determination of the relevancy of Sections 440.28 and . . . : In the present case I would affirm the award of medical treatment simply because, even assuming § 440.28 . . .

ALLEN, v. CITY OF ST. AUGUSTINE, 500 So. 2d 206 (Fla. Dist. Ct. App. 1986)

. . . upon claimant’s petition, through his attorney, to modify the order of 7-22-80 pursuant to section 440.28 . . .

WESTWINDS TRANSPORTATION, INC. v. MURPHY,, 494 So. 2d 519 (Fla. Dist. Ct. App. 1986)

. . . Section 440.28, Florida Statutes (1985), provides that “upon the application of any party in interest . . . The change of condition provision of Section 440.28 is designed to afford relief to a claimant whose . . .

PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, v. ROBERSON,, 500 So. 2d 180 (Fla. Dist. Ct. App. 1986)

. . . Palm Beach opposed the claim contending that the statute of limitations, section 440.28, Florida Statutes . . . starting point in determining the effective moment of the two year limitation prescribed in section 440.28 . . . not look beyond the plain meaning of that language” and “given the unambiguous language of [section 440.28 . . . there were ambiguity or other uncertainty arising from the interaction of sections 440.15(2)(b) and 440.28 . . . Section 440.28, Florida Statutes (1975), provides, in pertinent part, as follows: Upon a judge’s own . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, v. ROBBINS MANUFACTURING COMPANY, 484 So. 2d 54 (Fla. Dist. Ct. App. 1986)

. . . addressed the issue of when payment began for purposes of the two-year statute of limitations under Section 440.28 . . .

SHIPP, v. STATE WORKERS COMPENSATION TRUST FUND,, 481 So. 2d 76 (Fla. Dist. Ct. App. 1986)

. . . and that any Order entered hereon shall not be subject to a Petition for Modification under Section 440.28 . . . liability in exchange for lump-sum payment and that no modification should be allowed under section 440.28 . . .

E. M. SCOTT CONTRACTORS v. Ed BAKER,, 479 So. 2d 292 (Fla. Dist. Ct. App. 1985)

. . . Section 440.28, Florida Statutes. . . .

GENERAL ELECTRIC COMPANY v. SPANN,, 479 So. 2d 289 (Fla. Dist. Ct. App. 1985)

. . . award of benefits contending that such benefits were barred by the limitations provision of Section 440.28 . . . The deputy refused to invoke the limitation provisions of Section 440.28. . . . 440.19(1)(b) and 440.28 (1983), respectively). . . . There is no provision in Section 440.28 which would revive the claim after the statute had run. . . . Therefore, the two-year limitation period under Section 440.28 is not applicable. . . . the award can in my opinion be affirmed under the circumstances without deciding the relevance of § 440.28 . . . construed as holding that the right to treatment did not depend on showing any change of condition, under § 440.28 . . . In the present case I would affirm the award of medical treatment simply because, even assuming § '440.28 . . .

UNIVERSITY OF FLORIDA v. McLARTHY,, 483 So. 2d 723 (Fla. Dist. Ct. App. 1985)

. . . The e/c defended on the basis that the claim was not timely filed pursuant to Section 440.28, Florida . . . Thomas, 429 So.2d 1356 (Fla. 1st DCA 1983) (Sections 440.19(l)(a) and 440.28 are designed to be used . . . The appropriate way to proceed for modification of the original order is by section 440.28. . . . The provisions of section 440.28 therefore exclusively apply. . . . Section 440.28, Florida Statutes (1975), provides in part: Upon a judge's own initiative or upon the . . .

BATTLE, v. GENERAL SAND AND STONE, 478 So. 2d 396 (Fla. Dist. Ct. App. 1985)

. . . Section 440.28, Florida Statutes (1975), allows a modification based upon “a mistake in the determination . . .

TUCKER, v. AGRICO CHEMICAL COMPANY Co., 476 So. 2d 729 (Fla. Dist. Ct. App. 1985)

. . . an apparent misapplication of the standards governing determination of change of condition under § 440.28 . . .

BOSTON, v. BUDGET LUXURY INNS,, 474 So. 2d 355 (Fla. Dist. Ct. App. 1985)

. . . view, the claimant’s subsequent claim for treatment, absent grounds for modification under Section 440.28 . . . Thereafter, in June 1979, pursuant to section 440.28, Florida Statutes (1977), claimant sought a modification . . . Except to the extent modification is permitted by section 440.28, Florida Statutes, compensation orders . . . Martinez was not, and need not be, perfected by way of modification under section 440.28, since her legal . . .

H. DANIEL, v. HOLMES LUMBER COMPANY,, 471 So. 2d 60 (Fla. Dist. Ct. App. 1985)

. . . His claim for modification proceeds under a completely different statute, Section 440.28, Florida Statutes . . .

FORD, v. ALEXANDER CABINET COMPANY, 467 So. 2d 1050 (Fla. Dist. Ct. App. 1985)

. . . He contends the deputy erred in finding the claim barred by Section 440.28, Florida Statutes (1979). . . . , Florida Statutes (Supp.1978), now Section 440.19(l)(b), Florida Statutes (1983), or under Section 440.28 . . . In part, Section 440.28 provides: [T]he deputy commissioner may, at any time prior to 2 years after the . . . We reject this argument because Section 440.28 has been construed to encompass modification of orders . . . We do, however, think the language of Section 440.28 lacks preciseness because medical benefits are not . . .

KURTZ PLUMBING HEATING, INC. v. LYONS,, 465 So. 2d 635 (Fla. Dist. Ct. App. 1985)

. . . Subsequently, Lyons petitioned for modification, pursuant to Section 440.28, Florida Statutes (1983), . . .

ACREE OIL COMPANY v. PETERSON,, 467 So. 2d 346 (Fla. Dist. Ct. App. 1985)

. . . to 25 percent based on loss of wage earning capacity- The change of condition provision in Section 440.28 . . .

SHOP GO, INC. v. DUNIGAN,, 463 So. 2d 585 (Fla. Dist. Ct. App. 1985)

. . . for further medical treatment does not prejudice Dunigan’s rights to modification pursuant to section 440.28 . . .

McKENNEY, v. SCHOOL BOARD OF PALM BEACH COUNTY, 456 So. 2d 524 (Fla. Dist. Ct. App. 1984)

. . . Absent from section 440.28, Florida Statutes, is any language which limits the number of times that a . . . total disability benefits on December 30, 1981, well within the two year period mandated by section 440.28 . . . Commission noting that there is no provision under the workmen’s compensation law other than section 440.28 . . . appeal, was payment of compensation pursuant to any compensation order within the meaning of section 440.28 . . .

SMITH, v. SUNLAND TRAINING CENTER, 455 So. 2d 1088 (Fla. Dist. Ct. App. 1984)

. . . provided and subject, of course, to any right to modification which may in the future exist under section 440.28 . . .

ROBINSON, v. JDM COUNTRY CLUB, 455 So. 2d 1077 (Fla. Dist. Ct. App. 1984)

. . . denied the claim on the grounds that claimant failed to petition for modification as provided by Section 440.28 . . . commissioner erred in denying the claim on the basis of claimant’s failure to phrase his claim as a Section 440.28 . . . Section 440.28, Florida Statutes (1979) provides: 440.28 Modification of orders. . . .