Florida Statute 440.28 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.28

440.28 Modification of orders.—Upon a judge of compensation claims’ own initiative, or upon the application of any party in interest, on the ground of a change in condition or because of a mistake in a determination of fact, the judge of compensation claims may, at any time prior to 2 years after the date of the last payment of compensation pursuant to the compensation order the party seeks to modify, or at any time prior to 2 years after the date copies of an order rejecting a claim are mailed to the parties at the last known address of each, review a compensation case in accordance with the procedure prescribed in respect of claims in s. 440.25 and, in accordance with such section, issue a new compensation order which may terminate, continue, reinstate, increase, or decrease such compensation or award compensation. Such new order shall not affect any compensation previously paid, except that an award increasing the compensation rate may be made effective from the date of the injury, and, if any part of the compensation due or to become due is unpaid, an award decreasing the compensation rate may be made effective from the date of the injury, and any payment made prior thereto in excess of such decreased rate shall be deducted from any unpaid compensation, in such manner and by such method as may be determined by the judge of compensation claims.

History.—s. 28, ch. 17481, 1935; CGL 1936 Supp. 5966(28); s. 9, ch. 20672, 1941; s. 10, ch. 28241, 1953; s. 119, ch. 71-355; s. 13, ch. 75-209; s. 23, ch. 78-300; ss. 21, 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 5, ch. 91-46; s. 31, ch. 93-415.

F.S. 440.28 on Google Scholar

F.S. 440.28 on Casetext

Amendments to 440.28

Arrestable Offenses / Crimes under Fla. Stat. 440.28

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.28.

Annotations, Discussions, Cases:

Cases Citing Statute 440.28

Total Results: 20

Geoffrey Meehan v. Orange County Data & Appraisals and Johns Eastern Company, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-03-20

Citation: 272 So. 3d 458

Snippet: stipulation was subject to modification under section 440.28, Florida Statutes.

United States Fire Insurance Company and Oxford Shops of South Florida v. Virginia Hackett

Court: District Court of Appeal of Florida | Date Filed: 2018-12-14

Citation: 260 So. 3d 532

Snippet: The JCC erroneously interpreted section 440.28 of the Florida Statutes as not authorizing an Employer/Carrier

Emerita O. Flores- Orellana v. Circle-K and Constitution State Ser.

Court: District Court of Appeal of Florida | Date Filed: 2014-09-22

Citation: 151 So. 3d 477

Snippet: schedule a hearing on an action pending under section 440.28, Florida Statutes (2009). “To show entitlement

Emerita O. Flores- Orellana v. Circle-K and Constitution State Ser.

Court: District Court of Appeal of Florida | Date Filed: 2014-08-05

Snippet: schedule a hearing on an action pending under section 440.28, Florida Statutes (2009). “To show entitlement

Miranda v. Bridge

Court: District Court of Appeal of Florida | Date Filed: 2012-10-03

Citation: 112 So. 3d 500, 2012 WL 4512762, 2012 Fla. App. LEXIS 16704

Snippet: modification of the November 2009 order under section 440.28, Florida Statutes — as would be required for her

AMS STAFF LEASING, INC. v. Giraldo

Court: District Court of Appeal of Florida | Date Filed: 2012-01-24

Citation: 77 So. 3d 903, 2012 Fla. App. LEXIS 806, 2012 WL 178373

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

Chandler v. Centex Rooney Construction Co.

Court: District Court of Appeal of Florida | Date Filed: 2009-07-24

Citation: 15 So. 3d 837, 2009 Fla. App. LEXIS 10131, 2009 WL 2191377

Snippet: prevails in proceedings filed under sections 440.24 or 440.28, Florida Statutes. None of these grounds exists

City of Hollywood v. BENOIT EX REL. BENOIT

Court: District Court of Appeal of Florida | Date Filed: 2009-01-21

Citation: 1 So. 3d 1142, 2009 Fla. App. LEXIS 327, 2009 WL 129609

Snippet: be enforced by the circuit court. See §§ 440.24, 440.28, Fla. Stat. (2007). Here, the trial court first

Murray v. Mariner Health

Court: Supreme Court of Florida | Date Filed: 2008-10-23

Citation: 994 So. 2d 1051, 2008 WL 4659381

Snippet: prevails in proceedings filed under s. 440.24 or s. 440.28. Regardless of the date benefits were initially

Myers v. Hillsborough County School Board

Court: District Court of Appeal of Florida | Date Filed: 2008-04-23

Citation: 982 So. 2d 735, 2008 Fla. App. LEXIS 6295, 2008 WL 1805458

Snippet: not required to seek modification under section 440.28, Florida Statutes. See Causey, 667 So.2d at 468

Pigg v. Balderson, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-02-21

Citation: 951 So. 2d 914, 2007 Fla. App. LEXIS 2343, 2007 WL 516257

Snippet: litigated and determined in the action. Section 440.28, Florida Statutes (1997), does allow any party

Olmo v. Rehabcare Starmed/SRS

Court: District Court of Appeal of Florida | Date Filed: 2006-05-31

Citation: 930 So. 2d 789, 2006 Fla. App. LEXIS 8547, 2006 WL 1468673

Snippet: . . a mistake in a determination of fact[.]" § 440.28, Fla. Stat. (2001). See Starkman v. Bechtel Power

Camus v. Manatee County School Board

Court: District Court of Appeal of Florida | Date Filed: 2006-03-29

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

Snippet: justifying a decrease of attendant care. See § 440.28, Fla. Stat. (2004). Dr. McGarahan proffered testimony

Valdes v. GALCO CONST.

Court: District Court of Appeal of Florida | Date Filed: 2006-01-26

Citation: 922 So. 2d 252, 2006 Fla. App. LEXIS 826, 2006 WL 176731

Snippet: insurance carrier (GAB) instituted under section 440.28, Florida Statutes (1999). Mr. Valdes contends the

Walt Disney World v. Desselles

Court: District Court of Appeal of Florida | Date Filed: 2005-02-28

Citation: 902 So. 2d 828, 2005 Fla. App. LEXIS 2375, 2005 WL 440402

Snippet: disability (PTD) benefits pur*829suant to section 440.28, Florida Statutes (2001). We affirm the award of

Adams Building Materials, Inc. v. Brooks

Court: District Court of Appeal of Florida | Date Filed: 2004-12-29

Citation: 892 So. 2d 527, 2004 Fla. App. LEXIS 19998, 2004 WL 2996782

Snippet: injury or the process of recovery may require”); § 440.28, Fla. Stat. (2004) (establishing that parties or

Department of HRS/State v. Giles

Court: District Court of Appeal of Florida | Date Filed: 2004-12-20

Citation: 895 So. 2d 431, 2004 Fla. App. LEXIS 19469, 2004 WL 2921639

Snippet: barred by the limitations provision of section 440.28, Florida Statutes (1987). We affirm in part and

Foster v. EG & G Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-08-04

Citation: 879 So. 2d 75, 2004 Fla. App. LEXIS 11422, 2004 WL 1736981

Snippet: remand for a determination on the merits. Section 440.28, Florida Statutes (1997), provides, in pertinent

Smith v. Polk County Board of Commissioners

Court: District Court of Appeal of Florida | Date Filed: 2003-04-16

Citation: 843 So. 2d 321, 2003 Fla. App. LEXIS 5433, 2003 WL 1877017

Snippet: issues that had been previously determined. Section 440.28, Florida Statutes (1993), provides, in pertinent

Brock v. Tom Thumb Food Store 24

Court: District Court of Appeal of Florida | Date Filed: 2002-12-04

Citation: 831 So. 2d 266, 2002 Fla. App. LEXIS 17775, 2002 WL 31696723

Snippet: issue pursuant to the procedure set out in section 440.28, Florida Statutes (2002). REVERSED and REMANDED