Florida Statute 440.28 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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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.

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Amendments to 440.28

Annotations, Discussions, Cases:

Cases Citing Statute 440.28

Total Results: 204

Brown v. Giffen Industries, Inc.

281 So. 2d 897, 1973 Fla. LEXIS 5038

Supreme Court of Florida | Filed: Mar 7, 1973 | Docket: 1261477

Cited 37 times | Published

modification of orders pursuant to Fla. Stat. § 440.28, F.S.A. The pertinent portions of the statute

Flesche v. Interstate Warehouse

411 So. 2d 919

District Court of Appeal of Florida | Filed: Mar 15, 1982 | Docket: 1696908

Cited 29 times | Published

as contemplated by the modification statute, Section 440.28, Florida Statutes. We must respectfully disagree

Walter Denson & Son v. Nelson

88 So. 2d 120

Supreme Court of Florida | Filed: May 30, 1956 | Docket: 1462006

Cited 17 times | Published

28241, Laws of Florida 1953, which amended Section 440.28, Florida Statutes, F.S.A., by extending from

McCandless v. MM PARRISH CONST.

449 So. 2d 830

District Court of Appeal of Florida | Filed: Apr 16, 1984 | Docket: 1325655

Cited 14 times | Published

modification of the prior order pursuant to section 440.28, Florida Statutes. Subsequent to Cathedral's

Power v. Joseph G. Moretti, Inc.

120 So. 2d 443

Supreme Court of Florida | Filed: May 11, 1960 | Docket: 1286911

Cited 14 times | Published

of a "mistake in a determination of fact." Section 440.28, Florida Statutes, F.S.A. Power, a carpenter

Hall v. Seaboard Maritime Corporation

104 So. 2d 384

District Court of Appeal of Florida | Filed: Jul 8, 1958 | Docket: 1312672

Cited 13 times | Published

heard is not sufficient to reopen a claim under § 440.28. This order was affirmed by the full Commission

Matera v. Gautier

133 So. 2d 732

Supreme Court of Florida | Filed: Oct 25, 1961 | Docket: 1602570

Cited 12 times | Published

respondents will, of course, have a remedy by way of Section 440.28, F.S.A. providing for petition for modification

Caron v. Systematic Air Services

576 So. 2d 372, 1991 WL 30425

District Court of Appeal of Florida | Filed: Mar 11, 1991 | Docket: 1669938

Cited 11 times | Published

"a mistake in a determination of fact" under Section 440.28, Florida Statutes. We disagree with this reasoning

Budget Luxury Inns, Inc. v. Boston

407 So. 2d 997

District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 467429

Cited 10 times | Published

modify the final compensation order pursuant to Section 440.28, Florida Statutes (1975), we need not address

City of Miami v. Knight

510 So. 2d 1069, 12 Fla. L. Weekly 1829

District Court of Appeal of Florida | Filed: Jul 29, 1987 | Docket: 1754256

Cited 9 times | Published

instant petition for modification pursuant to Section 440.28, Florida Statutes (1985), alleging that Knight

Phoenix Assurance Company of New York v. Merritt

160 So. 2d 552

District Court of Appeal of Florida | Filed: Dec 20, 1963 | Docket: 1457501

Cited 9 times | Published

the happening of the condition subsequent. See § 440.28, Fla. Stat., F.S.A. Based on the foregoing, the

OAK CONST. CO. v. Jackson

522 So. 2d 1068, 1988 WL 31705

District Court of Appeal of Florida | Filed: Apr 12, 1988 | Docket: 1192007

Cited 8 times | Published

the case, subject to modification pursuant to § 440.28, Fla. Stat. (1981). Cf. McCandless v. M.M. Parrish

Sauder v. Coast Cities Coaches, Inc.

156 So. 2d 162

Supreme Court of Florida | Filed: May 22, 1963 | Docket: 446225

Cited 8 times | Published

order. In order to support a modification under Section 440.28, Florida Statutes, F.S.A., on the ground of

Crawford & Company v. Apfel

235 F.3d 1298

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2000 | Docket: 396297

Cited 7 times | Published

modification of a JCC order. Under Fla. Stat. § 440.28 (1994), at any time prior to two years after the

Bishop v. PINELLAS FRAMING

414 So. 2d 596

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 402778

Cited 7 times | Published

by way of a petition to modify pursuant to section 440.28, Florida Statutes (1977). We note that when

Hughes v. Denny's Restaurant

328 So. 2d 830, 1976 Fla. LEXIS 4278

Supreme Court of Florida | Filed: Jan 21, 1976 | Docket: 1699568

Cited 7 times | Published

that this petition for certiorari is brought. Section 440.28, Florida Statutes, reads in pertinent part

Sanz v. Eden Roc Hotel

140 So. 2d 104

Supreme Court of Florida | Filed: Apr 18, 1962 | Docket: 1522678

Cited 7 times | Published

this Court held as against the contention that § 440.28 providing for modification within one year after

Gassner v. Bechtel Const.

702 So. 2d 548, 1997 WL 694960

District Court of Appeal of Florida | Filed: Nov 10, 1997 | Docket: 1513310

Cited 6 times | Published

modify the final award of an arbitrator, while section 440.28, Florida Statutes, contemplates modifying final

Massie v. University of Florida

570 So. 2d 963

District Court of Appeal of Florida | Filed: Sep 27, 1990 | Docket: 1704182

Cited 6 times | Published

his application for modification pursuant to section 440.28, Florida Statutes (1983). He contends that

Wellcraft Marine Corp. v. Turner

435 So. 2d 864

District Court of Appeal of Florida | Filed: Jun 30, 1983 | Docket: 1328338

Cited 6 times | Published

to the extent modification is permitted by Section 440.28, Florida Statutes, deputies' compensation orders

University Inns v. Davis

413 So. 2d 128

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 1345139

Cited 6 times | Published

modification pursuant to Florida Statutes, Section 440.28, the claimant must demonstrate either a change

McKenney v. School Bd. of Palm Beach County

408 So. 2d 655

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 1732550

Cited 6 times | Published

since the previous order of October 5, 1978. Section 440.28, Florida Statutes (1977). In order to modify

City of West Palm Beach v. Chisolm

405 So. 2d 279, 1981 Fla. App. LEXIS 21456

District Court of Appeal of Florida | Filed: Oct 29, 1981 | Docket: 1348253

Cited 6 times | Published

the extent that modification is permitted by Section 440.28, Florida Statutes (1978), deputies' orders

TALLAHASSEE MEMORIAL REG. MED. CTR. v. Snead

400 So. 2d 1016

District Court of Appeal of Florida | Filed: Jun 26, 1981 | Docket: 336804

Cited 6 times | Published

Snead then applied for a modification pursuant to § 440.28, Florida Statutes (1979). On deposition, Dr. Smith

Green Thumb Corp. v. Britten

393 So. 2d 613

District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 1372330

Cited 6 times | Published

a change of condition or a mistake of fact. Section 440.28, Florida Statutes. However, Britten presents

Miami Beach First National Bank v. Dunn

85 So. 2d 556

Supreme Court of Florida | Filed: Feb 15, 1956 | Docket: 64755

Cited 6 times | Published

relegating the employee to the procedure of Section 440.28 in the event he decided to claim additional

Crawford & Company v. Apfel

235 F.3d 1298, 2000 U.S. App. LEXIS 31829

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2000 | Docket: 396298

Cited 5 times | Published

modification of a JCC order. Under Fla. Stat. § 440.28 (1994), at any time prior to two years after the

Special Disab. Trust Fund v. Robbins Mfg Co.

484 So. 2d 54

District Court of Appeal of Florida | Filed: Feb 18, 1986 | Docket: 1344304

Cited 5 times | Published

of the two-year statute of limitations under Section 440.28, Florida Statutes (1975). It was held that

Robinson v. JDM Country Club

455 So. 2d 1077

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 1316572

Cited 5 times | Published

to petition for modification as provided by Section 440.28, Florida Statutes (1979), and that the evidence

Atkins v. GREENHUT CONST. CO.

447 So. 2d 268

District Court of Appeal of Florida | Filed: Nov 23, 1983 | Docket: 1691147

Cited 5 times | Published

based upon change of condition pursuant to Section 440.28. Where there is unrebutted testimony that claimant

City of Vero Beach v. Thomas

388 So. 2d 1374

District Court of Appeal of Florida | Filed: Oct 17, 1980 | Docket: 419557

Cited 5 times | Published

erroneous interpretation or application of Section 440.28, Florida Statutes (1975), which provides: Upon

In Re Florida Workmen's Compensation Rules of Pro.

285 So. 2d 601, 1973 Fla. LEXIS 4246

Supreme Court of Florida | Filed: Nov 14, 1973 | Docket: 1743841

Cited 5 times | Published

shall also apply to cases arising under F.S. Section 440.28, F.S.A., and to cases on remand to a judge

Ross v. Roy

234 So. 2d 99

Supreme Court of Florida | Filed: Apr 8, 1970 | Docket: 1705844

Cited 5 times | Published

capable of obtaining gainful employment. F.S. Section 440.28, F.S.A., of course, provides Respondents such

Alachua County Adult Detention Center v. Alford

727 So. 2d 388, 1999 WL 122918

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1438660

Cited 4 times | Published

physical condition, nor has he started working. See § 440.28, Fla. Stat. (1995) (modification of orders). The

BUENA VISTA CONST. CO. v. Capps

656 So. 2d 1378, 1995 WL 410689

District Court of Appeal of Florida | Filed: Jul 13, 1995 | Docket: 1283614

Cited 4 times | Published

judgments in other courts, except to the extent section 440.28, Florida Statutes, permits modification. PLM

Holder v. Keller Kitchen Cabinets

610 So. 2d 1264, 17 Fla. L. Weekly Supp. 601, 1992 Fla. LEXIS 1636, 1992 WL 251403

Supreme Court of Florida | Filed: Oct 1, 1992 | Docket: 1734845

Cited 4 times | Published

modification of that order in accordance with section 440.28, Florida Statutes (1977). That section provides

University of Florida v. Massie

602 So. 2d 516, 17 Fla. L. Weekly Supp. 306, 1992 Fla. LEXIS 975, 1992 WL 110907

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 1321515

Cited 4 times | Published

erred by not allowing modification pursuant to section 440.28, Florida Statutes (1985), because of "a complete

Allen v. City of St. Augustine

500 So. 2d 206, 11 Fla. L. Weekly 2156

District Court of Appeal of Florida | Filed: Oct 14, 1986 | Docket: 1295047

Cited 4 times | Published

to modify the order of 7-22-80 pursuant to section 440.28, on the ground that it contained a mistake

Boston v. Budget Luxury Inns

474 So. 2d 355, 10 Fla. L. Weekly 1891

District Court of Appeal of Florida | Filed: Aug 8, 1985 | Docket: 1478817

Cited 4 times | Published

(E/C). Thereafter, in June 1979, pursuant to section 440.28, Florida Statutes (1977), claimant sought a

Southern Bell Tel. & Tel. Co. v. Blackstock

419 So. 2d 360, 1982 Fla. App. LEXIS 21108

District Court of Appeal of Florida | Filed: Sep 10, 1982 | Docket: 1570562

Cited 4 times | Published

misapprehends the scope of a petition for modification. Section 440.28, Florida Statutes, authorizing a petition for

General Elec. Co. v. Osborne

394 So. 2d 1089

District Court of Appeal of Florida | Filed: Mar 10, 1981 | Docket: 1692231

Cited 4 times | Published

finding the claimant's condition had changed. Section 440.28, Florida Statutes (1977), provides for a modification

Boden v. City of Hialeah

132 So. 2d 160

Supreme Court of Florida | Filed: Jul 19, 1961 | Docket: 1382142

Cited 4 times | Published

period of one year from its entry as required by Section 440.28, Florida Statutes, 1951, F.S.A. It is the contention

Plymouth Citrus Products Co-Op. v. Williamson

71 So. 2d 162, 1954 Fla. LEXIS 1325

Supreme Court of Florida | Filed: Mar 16, 1954 | Docket: 693104

Cited 4 times | Published

petition to come within the provisions of [F.S.A.] Section 440.28 of the Workmen's Compensation Law. It is the

Metropolitan Dade County v. Rolle

661 So. 2d 124, 1995 WL 583668

District Court of Appeal of Florida | Filed: Oct 6, 1995 | Docket: 1526333

Cited 3 times | Published

party seeking modification must proceed under section 440.28, Florida Statutes, before the judge of compensation

Deneault v. Alachua County School Bd.

555 So. 2d 909, 1990 WL 2063

District Court of Appeal of Florida | Filed: Jan 12, 1990 | Docket: 1396988

Cited 3 times | Published

first issue, claimant urges reversal under Section 440.28, Florida Statutes (1987),[1] contending that

Pierce v. Aetna Ins. Co.

519 So. 2d 754, 1988 WL 8101

District Court of Appeal of Florida | Filed: Feb 10, 1988 | Docket: 1332541

Cited 3 times | Published

pursuant, here, to an application by the carrier. See § 440.28, Fla. Stat. (1981). 448 So.2d at 47. Also, in

Oakdell, Inc. v. Gallardo

505 So. 2d 672, 12 Fla. L. Weekly 1079

District Court of Appeal of Florida | Filed: Apr 21, 1987 | Docket: 1745930

Cited 3 times | Published

a motion to set aside the order pursuant to Section 440.28, Florida Statutes. The dc in his order denying

Proctor v. Swing Set Day Care Center

498 So. 2d 616, 11 Fla. L. Weekly 2544

District Court of Appeal of Florida | Filed: Dec 5, 1986 | Docket: 1335688

Cited 3 times | Published

was barred by the statute of limitations in section 440.28, Florida Statutes. Appellant contends the true

Shipp v. STATE WORKERS'COMP. TRUST FUND

481 So. 2d 76, 11 Fla. L. Weekly 115, 1986 Fla. App. LEXIS 5882

District Court of Appeal of Florida | Filed: Jan 3, 1986 | Docket: 549005

Cited 3 times | Published

subject to a Petition for Modification under Section 440.28 of the said Act. It is specifically stipulated

Tucker v. Agrico Chemical Co.

476 So. 2d 729, 10 Fla. L. Weekly 2235

District Court of Appeal of Florida | Filed: Sep 27, 1985 | Docket: 2555696

Cited 3 times | Published

governing determination of change of condition under § 440.28, Florida Statutes. The appellant claimant hurt

Troy Desk Manufacturing Co., Inc. v. Troy

448 So. 2d 46

District Court of Appeal of Florida | Filed: Apr 3, 1984 | Docket: 1523033

Cited 3 times | Published

pursuant, here, to an application by the carrier. See § 440.28, Fla. Stat. (1981). Affirmed.

Hall v. City of Jacksonville

443 So. 2d 326

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 1458113

Cited 3 times | Published

there had been a change of condition under Section 440.28, Florida Statutes, because her disability[1]

Bassett's Dairy v. Thomas

429 So. 2d 1356

District Court of Appeal of Florida | Filed: Apr 21, 1983 | Docket: 1667631

Cited 3 times | Published

barred by the limitations period set forth in Section 440.28, Florida Statutes, or was properly allowed

Austin Co. v. Lindenberger

410 So. 2d 601

District Court of Appeal of Florida | Filed: Mar 1, 1982 | Docket: 2562789

Cited 3 times | Published

filed a Petition for Modification pursuant to Section 440.28, Florida Statutes (1979). By order dated April

Bowman v. Food Fair Stores

400 So. 2d 793

District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 1263565

Cited 3 times | Published

barred by the statute of limitations pursuant to § 440.28, Florida Statutes. The order also dismissed a

Valdes v. GALCO CONST.

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

District Court of Appeal of Florida | Filed: Jan 26, 2006 | Docket: 1683359

Cited 2 times | Published

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

Champlovier v. City of Miami

667 So. 2d 315, 1995 WL 597204

District Court of Appeal of Florida | Filed: Dec 19, 1995 | Docket: 161505

Cited 2 times | Published

years too late to modify the 1981 order under section 440.28, Florida Statutes (1977). Battle v. General

Knapp v. FLORIDA MIN. AND MATERIALS

662 So. 2d 983, 1995 Fla. App. LEXIS 11306, 1995 WL 627448

District Court of Appeal of Florida | Filed: Oct 27, 1995 | Docket: 1683400

Cited 2 times | Published

modification of previous orders as required by section 440.28, Florida Statutes. We agree and reverse. Knapp

Navarro v. SUGARCANE GROWERS COOPERATIVE AND PROFESSIONAL ADMINISTRATORS, INC.

661 So. 2d 946, 1995 Fla. App. LEXIS 11338, 1995 WL 621346

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 531868

Cited 2 times | Published

jurisdiction of a judge of compensation claims. § 440.28, Fla. Stat. (1993). In reversing so that the circuit

Griffin v. ORLANDO REGIONAL MED. CENTER

578 So. 2d 448, 1991 WL 60007

District Court of Appeal of Florida | Filed: Apr 22, 1991 | Docket: 618861

Cited 2 times | Published

lacked jurisdiction to modify these amounts. Section 440.28, Florida Statutes (1981), provides in part:

Westwinds Transp., Inc. v. Murphy

494 So. 2d 519, 11 Fla. L. Weekly 2002, 1986 Fla. App. LEXIS 9798

District Court of Appeal of Florida | Filed: Sep 18, 1986 | Docket: 1510790

Cited 2 times | Published

effectively reduced the TTD benefits awarded by 25%. Section 440.28, Florida Statutes (1985), provides that "upon

General Elec. Co. v. Spann

479 So. 2d 289, 10 Fla. L. Weekly 2691

District Court of Appeal of Florida | Filed: Dec 6, 1985 | Docket: 1514371

Cited 2 times | Published

were barred by the limitations provision of Section 440.28, Florida Statutes (1977). We affirm in part

Ford v. Alexander Cabinet Co.

467 So. 2d 1050, 10 Fla. L. Weekly 929

District Court of Appeal of Florida | Filed: Apr 11, 1985 | Docket: 1274912

Cited 2 times | Published

deputy erred in finding the claim barred by Section 440.28, Florida Statutes (1979). We affirm. Ford had

McKenney v. School Bd. of Palm Beach County

456 So. 2d 524

District Court of Appeal of Florida | Filed: Sep 17, 1984 | Docket: 1447597

Cited 2 times | Published

permanency benefits a third time. Absent from section 440.28, Florida Statutes, is any language which limits

East v. PENSACOLA TRACTOR & EQUIPMENT CO.

384 So. 2d 156

District Court of Appeal of Florida | Filed: Apr 16, 1980 | Docket: 1678742

Cited 2 times | Published

both sides and that the modification standards in § 440.28, Florida Statutes, do not apply to settlement

Manrose v. Miami Shipbuilding Corporation

23 So. 2d 733, 156 Fla. 771, 1945 Fla. LEXIS 990

Supreme Court of Florida | Filed: Nov 20, 1945 | Docket: 3274610

Cited 2 times | Published

the opinion of October 2 we held that under Section 440.28, Florida Statutes of 1941, such review was

Pigg v. Balderson, Inc.

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

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 1682504

Cited 1 times | Published

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

Olmo v. Rehabcare Starmed/SRS

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

District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 1469113

Cited 1 times | Published

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

Hardrives of Delray Inc. v. Stimely

670 So. 2d 108, 1996 WL 82199

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 1245653

Cited 1 times | Published

determination of a fact in the earlier order. Fla.Stat. § 440.28 (1983). No change in condition is involved in

Escambia County Transit v. Stallworth

652 So. 2d 905, 1995 WL 121484

District Court of Appeal of Florida | Filed: Mar 23, 1995 | Docket: 1517967

Cited 1 times | Published

raising the two-year limitations period in section 440.28, Florida Statutes. We hold that the JCC erred

Keller Kitchen Cabinets v. Holder

586 So. 2d 1132, 1991 WL 151971

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1742554

Cited 1 times | Published

order held that the limitation period under Section 440.28, Florida Statutes (1977), is not applicable

Pitts v. Nimnicht Chevrolet

569 So. 2d 921, 1990 WL 178645

District Court of Appeal of Florida | Filed: Nov 15, 1990 | Docket: 1660436

Cited 1 times | Published

filing of a petition for modification under section 440.28, Florida Statutes. Counsel further argued that

King Lumber Co. v. Bloomfield

560 So. 2d 389, 1990 Fla. App. LEXIS 3088, 1990 WL 57789

District Court of Appeal of Florida | Filed: May 1, 1990 | Docket: 1477575

Cited 1 times | Published

per day, based on "change of condition." Cf., section 440.28, Florida Statutes. However, the order on appeal

Thatcher Glass Co. v. Joseph

424 So. 2d 68

District Court of Appeal of Florida | Filed: Dec 14, 1982 | Docket: 1708085

Cited 1 times | Published

permanent impairment on a psychiatric basis. Section 440.28, Florida Statutes, provides for a modification

Coe v. Kentucky Fried Chicken

393 So. 2d 1156

District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 1372997

Cited 1 times | Published

is via a petition for modification pursuant to § 440.28, Fla. Stat. See Maffitt, 132 So.2d at 412. ROBERT

Grant-Sholk Construction Company, Inc. v. Moore

282 So. 2d 634

Supreme Court of Florida | Filed: Jul 31, 1973 | Docket: 1235307

Cited 1 times | Published

subject to modification pursuant to Fla. Stat. § 440.28, F.S.A. The finality of a compensation order is

Maffitt v. Henderson's Portion-Pak, Inc.

132 So. 2d 410

Supreme Court of Florida | Filed: Jul 26, 1961 | Docket: 60198191

Cited 1 times | Published

adjudication thereof “must be by the avenue of Section 440.28, Florida Statutes, relating to petitions for

Orme v. M. R. Harrison Construction Co.

127 So. 2d 104

Supreme Court of Florida | Filed: Feb 1, 1961 | Docket: 60196773

Cited 1 times | Published

claimant’s right knee. April 5, 1959, pursuant to § 440.28, Florida Statutes, F.S.A., claimant instituted

Beaty v. M & S Maintenance Co.

124 So. 2d 868

Supreme Court of Florida | Filed: Dec 7, 1960 | Docket: 60196084

Cited 1 times | Published

as alleged.” Thereafter petitioner pursuant to § 440.28, Florida Statutes, F.S.A. sought review and modification

Sheets v. City of Miami

111 So. 2d 690, 1959 Fla. App. LEXIS 2877

District Court of Appeal of Florida | Filed: Apr 30, 1959 | Docket: 60192454

Cited 1 times | Published

disability of the body as a whole. Pursuant to § 440.28, Fla.Stat., F.S.A., a petition for modification

Nix v. Merrill-Stevens Dry Dock & Repair Co.

107 So. 2d 616

District Court of Appeal of Florida | Filed: Oct 21, 1958 | Docket: 60191470

Cited 1 times | Published

commissioner in denying his petition, under Section 440.28, Florida Statutes, F.S.A., for modification

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

272 So. 3d 458

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752083

Published

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

260 So. 3d 532

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409764

Published

CURIAM. The JCC erroneously interpreted section 440.28 of the Florida Statutes as not authorizing

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

151 So. 3d 477

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1311354

Published

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.

District Court of Appeal of Florida | Filed: Aug 5, 2014 | Docket: 753785

Published

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

Miranda v. Bridge

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

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60231127

Published

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

AMS STAFF LEASING, INC. v. Giraldo

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

District Court of Appeal of Florida | Filed: Jan 24, 2012 | Docket: 2358702

Published

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

Myers v. Hillsborough County School Board

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

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 64854910

Published

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

Camus v. Manatee County School Board

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

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 64843080

Published

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

Walt Disney World v. Desselles

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

District Court of Appeal of Florida | Filed: Feb 28, 2005 | Docket: 64838463

Published

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

Adams Building Materials, Inc. v. Brooks

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

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835745

Published

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

Department of HRS/State v. Giles

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

District Court of Appeal of Florida | Filed: Dec 20, 2004 | Docket: 64836424

Published

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

Foster v. EG & G Florida, Inc.

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

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64832076

Published

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

Smith v. Polk County Board of Commissioners

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

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 64822346

Published

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

Brock v. Tom Thumb Food Store 24

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

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 64819134

Published

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

Amendments to the Florida Rules of Workers' Compensation Procedure

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

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818760

Published

Application for modification of an order under section 440.28, Florida Statutes, shall be substantially in

IMC AGRICO MP, INC. v. Faulk

783 So. 2d 321, 2001 WL 345189

District Court of Appeal of Florida | Filed: Apr 10, 2001 | Docket: 1259533

Published

in proceedings subsequently initiated under section 440.28, Florida Statutes. Absent a stipulation both

Amendments to the Florida Rules of Workers' Compensation Procedure

795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988

Published

Application for modification of an order under section 440.28, Florida Statutes, shall be substantially in

Garcia v. Nutmeg Mills

722 So. 2d 208, 1998 Fla. App. LEXIS 10785, 1998 WL 530018

District Court of Appeal of Florida | Filed: Aug 25, 1998 | Docket: 64784891

Published

a proper motion and hearing as required by section 440.28, Florida Statutes. The error nevertheless is

McTier v. Bayfront Medical Center

703 So. 2d 1163, 1997 Fla. App. LEXIS 13940, 1997 WL 760613

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 64777927

Published

order is not subject to modification under section 440.28, Florida Statutes, insofar as it discharges

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

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

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

Application for modification of an order under section 440.28, Florida Statutes, shall be substantially in

Boynton Landscape v. Dickinson

670 So. 2d 151, 1996 Fla. App. LEXIS 2646, 1996 WL 119503

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 64763374

Published

the JCC erred in granting modification under section 440.28, Florida Statutes, because the claimant failed

St. Joseph Hospital v. Causey

667 So. 2d 464, 1996 Fla. App. LEXIS 542, 1996 WL 34063

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 64762002

Published

Judge, dissenting. The error below in tolling section 440.28, Florida Statutes, during claimant’s prior

Chastain v. Scandinavian Health Spas

659 So. 2d 1381, 1995 Fla. App. LEXIS 9547, 20 Fla. L. Weekly Fed. D 2141

District Court of Appeal of Florida | Filed: Sep 11, 1995 | Docket: 64758601

Published

compensation order effecting modification pursuant to section 440.28, Florida Statutes, based on a change in condition

Eastern Airlines & GAB v. Griffin

654 So. 2d 1194, 1995 Fla. App. LEXIS 3375, 1995 WL 141137

District Court of Appeal of Florida | Filed: Apr 4, 1995 | Docket: 64756340

Published

majority’s opinion in Fawaz did not discuss section 440.28, Florida Statutes, I consider that the statutory

Breen v. Smith

644 So. 2d 183, 1994 Fla. App. LEXIS 10464, 1994 WL 588183

District Court of Appeal of Florida | Filed: Oct 28, 1994 | Docket: 64751630

Published

correction to have been a modification under section 440.28, Florida Statutes (1991). By its very terms

Stevens v. Pursell's Wrecker & Road Service

645 So. 2d 13, 1994 Fla. App. LEXIS 9041, 1994 WL 502945

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 64752137

Published

misrepresentation is grounds for modification, citing Section 440.28, Florida Statutes and Oakdell v. Gallardo,

Bravo v. Gulf & Western Food Products

637 So. 2d 63, 1994 Fla. App. LEXIS 4689, 1994 WL 189978

District Court of Appeal of Florida | Filed: May 18, 1994 | Docket: 64748403

Published

440.19(l)(a), Florida Statutes, rather than section 440.28, governed Holder’s claim for temporary disability

City of North Miami v. Marcy

630 So. 2d 601, 1993 Fla. App. LEXIS 12033, 18 Fla. L. Weekly Fed. D 2532

District Court of Appeal of Florida | Filed: Nov 30, 1993 | Docket: 64745840

Published

was entitled to an award of a 20% penalty under § 440.28(8), where the e/c failed to pay the sums due until

Metropolitan Dade County v. Barry

614 So. 2d 666, 1993 Fla. App. LEXIS 2371, 1993 WL 53131

District Court of Appeal of Florida | Filed: Mar 2, 1993 | Docket: 64694637

Published

in essence, a petition for modification. See section 440.28, Florida Statutes (1989); see also, Pitts v

PLM Florida Hotels, Inc. v. DeMarseul

611 So. 2d 1360, 1993 Fla. App. LEXIS 412, 1993 WL 8986

District Court of Appeal of Florida | Filed: Jan 21, 1993 | Docket: 64693407

Published

of the circuit court. Except to the extent section 440.28 permits modification in cases of a change of

Amendments to Florida Rules of Workers' Compensation Procedure

603 So. 2d 425, 17 Fla. L. Weekly Supp. 296, 1992 Fla. LEXIS 1054, 1992 WL 99236

Supreme Court of Florida | Filed: May 14, 1992 | Docket: 64669263

Published

be subject to modification or review under section 440.28, Florida Statutes. DONE AND ORDERED in Chambers

Smith v. Rose Auto Stores

596 So. 2d 809, 1992 Fla. App. LEXIS 4262, 1992 WL 74906

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 64666557

Published

be subject to modification or review under section 440.28, the judge is directed to make or cause to

City of Miami v. Knight

596 So. 2d 104, 1992 Fla. App. LEXIS 2515, 1992 WL 48907

District Court of Appeal of Florida | Filed: Mar 11, 1992 | Docket: 64666218

Published

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

Bravo v. Gulf & Western Food Products

593 So. 2d 1180, 1992 Fla. App. LEXIS 1326, 1992 WL 25791

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 64665382

Published

compensation claims (JCC) erred in applying Section 440.28, Florida Statutes, to deny the claim for additional

Starkman v. Bechtel Power Corp.

588 So. 2d 304, 1991 Fla. App. LEXIS 10960, 1991 WL 224947

District Court of Appeal of Florida | Filed: Nov 4, 1991 | Docket: 64662711

Published

held that the change of condition provision of Section 440.28 Florida Statutes is designed to afford relief

Santa Rosa County Board of County Commissioners v. Stephens

585 So. 2d 1067, 1991 Fla. App. LEXIS 8613, 1991 WL 174413

District Court of Appeal of Florida | Filed: Sep 6, 1991 | Docket: 64661580

Published

1987, order. Claimant maintained that the section 440.28 two-year statute of limitations runs from any

Southland Corp. v. Farris

576 So. 2d 886, 1991 Fla. App. LEXIS 2558, 1991 WL 39360

District Court of Appeal of Florida | Filed: Mar 21, 1991 | Docket: 64657456

Published

inappropriately finds "a petition to modify pursuant to Fla.Stat. 440.28 to correct a mistake of fact ... was made

Platt v. R.C. Property

574 So. 2d 176, 1991 Fla. App. LEXIS 437, 1991 WL 5007

District Court of Appeal of Florida | Filed: Jan 15, 1991 | Docket: 64656308

Published

rights of the parties until modified pursuant to Section 440.28. Travelers commenced paying monthly compensation

Albertson's, Inc. v. Walter

570 So. 2d 1018, 1990 Fla. App. LEXIS 8273, 1990 WL 164974

District Court of Appeal of Florida | Filed: Oct 25, 1990 | Docket: 64654782

Published

that claimant was at orthopedic MMI. Pursuant to § 440.28 the JCC is entitled to modify a previous order

Malm v. Holiday Theatres

560 So. 2d 270, 1990 Fla. App. LEXIS 2527, 1990 WL 43134

District Court of Appeal of Florida | Filed: Apr 12, 1990 | Docket: 64650130

Published

jurisdiction to consider fees at a later time. Section 440.28, Florida Statutes (1975) provides that “upon

Escobar v. Economy Awning Co.

559 So. 2d 367, 1990 Fla. App. LEXIS 2314, 1990 WL 39905

District Court of Appeal of Florida | Filed: Apr 5, 1990 | Docket: 64649515

Published

necessary standards for modification under section 440.28, Florida Statutes, and we therefore reverse

Brannigan v. Steve Barnett Pontiac

555 So. 2d 974, 1990 Fla. App. LEXIS 471, 1990 WL 5405

District Court of Appeal of Florida | Filed: Jan 26, 1990 | Docket: 64647631

Published

raised the specific issue of the application of Section 440.28, Florida Statutes, to the judge's handling

Montgomery Ward v. Wade

545 So. 2d 410, 14 Fla. L. Weekly 1417, 1989 Fla. App. LEXIS 3255, 1989 WL 61544

District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 64643278

Published

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

Shelfer v. Dairymen, Inc.

543 So. 2d 246, 14 Fla. L. Weekly 860, 1989 Fla. App. LEXIS 1895, 1989 WL 32656

District Court of Appeal of Florida | Filed: Apr 6, 1989 | Docket: 64642537

Published

of proof applied to modifications set out in section 440.28, Florida Statutes (1987), and concluded that

The Florida Bar

535 So. 2d 243, 1988 Fla. LEXIS 1479, 1988 WL 135851

Supreme Court of Florida | Filed: Aug 18, 1988 | Docket: 64639166

Published

FUND Petitions for modification pursuant to Section 440.28, Florida Statutes, and petitions for reimbursement

Gator Shoe Corp. v. Mungia

510 So. 2d 1192, 12 Fla. L. Weekly 1964, 1987 Fla. App. LEXIS 9862

District Court of Appeal of Florida | Filed: Aug 12, 1987 | Docket: 64628802

Published

condition or a material mistake of fact” under section 440.28, Florida Statutes. While a new adjudication

Agrico Chemical Co. v. Tucker

511 So. 2d 672, 12 Fla. L. Weekly 1909, 1987 Fla. App. LEXIS 9831

District Court of Appeal of Florida | Filed: Aug 7, 1987 | Docket: 64628980

Published

paid by the carrier. I would also observe that Section 440.28, Florida Statutes, relating to modification

Maggard v. Montverde Academy

505 So. 2d 604, 12 Fla. L. Weekly 1004, 1987 Fla. App. LEXIS 7660

District Court of Appeal of Florida | Filed: Apr 10, 1987 | Docket: 64626433

Published

not be subject to modification or review under § 440.28.” The current analogue to section 440.20(10) is

Tarver v. Eastern Airlines

502 So. 2d 48, 12 Fla. L. Weekly 445, 1987 Fla. App. LEXIS 6837

District Court of Appeal of Florida | Filed: Feb 4, 1987 | Docket: 64624872

Published

two-year statute of limitations required by Section 440.28, Florida Statutes,1 for modification of orders

City of Clearwater v. Holzhauer

497 So. 2d 694, 11 Fla. L. Weekly 2297, 1986 Fla. App. LEXIS 10388

District Court of Appeal of Florida | Filed: Oct 30, 1986 | Docket: 64622998

Published

of a petition for modification pursuant to Section 440.28, Florida Statutes (1983). The E/C further contends

Palm Beach County Board of County Commissioners v. Roberson

500 So. 2d 180, 11 Fla. L. Weekly 1867, 1986 Fla. App. LEXIS 9550

District Court of Appeal of Florida | Filed: Aug 27, 1986 | Docket: 64624094

Published

contending that the statute of limitations, section 440.28, Florida Statutes (1975), foreclosed modification

University of Florida v. McLarthy

483 So. 2d 723

District Court of Appeal of Florida | Filed: Feb 14, 1986 | Docket: 1511903

Published

the claim was not timely filed pursuant to Section 440.28, Florida Statutes (1975), and was barred. Specifically

E.M. Scott Contractors v. Baker

479 So. 2d 292, 10 Fla. L. Weekly 2713, 1985 Fla. App. LEXIS 17257

District Court of Appeal of Florida | Filed: Dec 10, 1985 | Docket: 64615903

Published

condition or a mistake in a determination of fact. Section 440.28, Florida Statutes. It is only by virtue of

Battle v. General Sand & Stone

478 So. 2d 396, 10 Fla. L. Weekly 2427, 1985 Fla. App. LEXIS 16532

District Court of Appeal of Florida | Filed: Oct 30, 1985 | Docket: 64615481

Published

Cascardo, 443 So.2d 448 (Fla. 1st DCA 1984). Section 440.28, Florida Statutes (1975), allows a modification

Daniel v. Holmes Lumber Co.

471 So. 2d 60, 10 Fla. L. Weekly 1109, 1985 Fla. App. LEXIS 13846

District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 64612645

Published

proceeds under a completely different statute, Section 440.28, Florida Statutes (1977). Absent adjudication

Kurtz Plumbing & Heating, Inc. v. Lyons

465 So. 2d 635, 10 Fla. L. Weekly 733, 1985 Fla. App. LEXIS 13188

District Court of Appeal of Florida | Filed: Mar 21, 1985 | Docket: 64610716

Published

Lyons petitioned for modification, pursuant to Section 440.28, Florida Statutes (1983), alleging a change

Acree Oil Co. v. Peterson

467 So. 2d 346, 10 Fla. L. Weekly 638, 1985 Fla. App. LEXIS 12872

District Court of Appeal of Florida | Filed: Mar 12, 1985 | Docket: 64611347

Published

capacity- The change of condition provision in Section 440.28, Florida Statutes (1981), is designed to afford

Shop & Go, Inc. v. Dunigan

463 So. 2d 585, 10 Fla. L. Weekly 453, 1985 Fla. App. LEXIS 12459

District Court of Appeal of Florida | Filed: Feb 19, 1985 | Docket: 64609908

Published

Dunigan’s rights to modification pursuant to section 440.28, Florida Statutes. Accordingly, the award of

Smith v. Sunland Training Center

455 So. 2d 1088, 9 Fla. L. Weekly 1980, 1984 Fla. App. LEXIS 14979

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 64606803

Published

modification which may in the future exist under section 440.28, Florida Statutes, based on changed conditions

Norwood Shell, Inc. v. Forbing

455 So. 2d 504, 9 Fla. L. Weekly 1783, 1984 Fla. App. LEXIS 14750

District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 64606680

Published

two-year statute of limitations set forth in Section 440.28, Florida Statutes as a bar to claimant’s petition

Walker v. J.C. Penney Co.

448 So. 2d 1028, 1984 Fla. App. LEXIS 12265

District Court of Appeal of Florida | Filed: Mar 19, 1984 | Docket: 64604286

Published

within the terminology of section 440.28. We do not interpret section 440.28 so narrowly. Rather, we find

Ouellette v. Treasure Isle, Inc.

444 So. 2d 585, 1984 Fla. App. LEXIS 11704

District Court of Appeal of Florida | Filed: Feb 2, 1984 | Docket: 64602460

Published

commissioner modified the original order pursuant to Section 440.28, Florida Statutes (1981), for mistake of fact

Florida Mining & Materials v. Moore

443 So. 2d 328, 1983 Fla. App. LEXIS 25319

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 64601976

Published

supportable petition for modification under Section 440.28, Florida Statutes, the deputy could not relitigate

East Manor Medical Care Center v. Stevens

437 So. 2d 721, 1983 Fla. App. LEXIS 21611

District Court of Appeal of Florida | Filed: Sep 2, 1983 | Docket: 64599490

Published

whether there was a change in condition under Section 440.28, Florida Statutes (1979) justifying modification

McClinton v. Royal Moving & Storage

435 So. 2d 965, 1983 Fla. App. LEXIS 20013

District Court of Appeal of Florida | Filed: Aug 5, 1983 | Docket: 64598854

Published

Driggers, 382 So.2d 446 (Fla. 1st DCA 1980) or Section 440.28, Florida Statutes (1981). Next, McClinton claims

City of St. Augustine v. Allen

424 So. 2d 939, 1983 Fla. App. LEXIS 18432

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 64594527

Published

granted the petition to modify pursuant to section 440.-28, Florida Statutes (1981), and reinstated the

City of Tampa v. Morales

423 So. 2d 571, 1982 Fla. App. LEXIS 21932

District Court of Appeal of Florida | Filed: Dec 17, 1982 | Docket: 64593993

Published

stated: The change of condition provision [Section 440.28, Florida Statutes] is designed *572to afford

Housing by Vogue v. Caswell

421 So. 2d 556, 1982 Fla. App. LEXIS 21225

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 64593105

Published

claimant’s average weekly wage. We reverse. Section 440.28, Florida Statutes, which authorizes a petition

Bill Bard Associates, Inc. v. Totten

418 So. 2d 418, 1982 Fla. App. LEXIS 20979

District Court of Appeal of Florida | Filed: Aug 19, 1982 | Docket: 64591797

Published

may seek relief pursuant to the provisions of § 440.28, Fla.Stat. The order appealed from is reversed

Mueller v. Searcy

418 So. 2d 397, 1982 Fla. App. LEXIS 20966

District Court of Appeal of Florida | Filed: Aug 18, 1982 | Docket: 64591788

Published

change in earning capacity is contemplated by section 440.28, Florida Statutes, and that such a change may

Cleveland v. Everson

415 So. 2d 763, 1982 Fla. App. LEXIS 20090

District Court of Appeal of Florida | Filed: May 21, 1982 | Docket: 64590682

Published

post-order relief is available? None here. Section 440.28, Florida Statutes (1977), allows a petition

Florida Real Estate Commission v. Felix

413 So. 2d 832, 1982 Fla. App. LEXIS 19944

District Court of Appeal of Florida | Filed: May 6, 1982 | Docket: 64589853

Published

“because of a mistake in a determination of fact,” section 440.28, Florida Statutes (1981), the new order represents

Carey v. Plesa Stables

411 So. 2d 353, 1982 Fla. App. LEXIS 19578

District Court of Appeal of Florida | Filed: Mar 25, 1982 | Docket: 64588669

Published

claimant had grounds for modification under section 440.28, Florida Statutes, based on an increase in

Ackel v. Mid-Valley, Inc.

407 So. 2d 379, 1981 Fla. App. LEXIS 21981

District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 64586800

Published

asserted detrimental change in Ack-el’s condition. Section 440.28, Florida Statutes (1979). By the order now

Taylor v. International Paper Co.

404 So. 2d 808, 1981 Fla. App. LEXIS 21242

District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 64585506

Published

future, his remedy is to seek modification under F.S. 440.28.... [T]he claim for permanent partial disability

North Broward Hospital District v. Gavagan

398 So. 2d 1006, 1981 Fla. App. LEXIS 19906

District Court of Appeal of Florida | Filed: May 21, 1981 | Docket: 64582838

Published

deputy commissioner granted the claimant’s Section 440.28, Florida Statutes, petition for modification

Heter v. Buning the Florist

396 So. 2d 1201, 1981 Fla. App. LEXIS 19258

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 64581913

Published

Compensation Act, modification pursuant to the terms of § 440.28, Florida Statutes, is the prescribed relief from

George L. Simonds Co. v. Graham

395 So. 2d 1190, 1981 Fla. App. LEXIS 20233

District Court of Appeal of Florida | Filed: Mar 5, 1981 | Docket: 64581305

Published

is a petition for modification pursuant to Section 440.28, Florida Statutes, rather than a deputy commissioner’s

North American Rockwell v. Filliben

389 So. 2d 345, 1980 Fla. App. LEXIS 17865

District Court of Appeal of Florida | Filed: Oct 27, 1980 | Docket: 64578470

Published

rejecting a claim are mailed to the parties. Section 440.28, Florida Statutes (1979). Clearly, the time

North American Rockwell v. Filliben

389 So. 2d 345, 1980 Fla. App. LEXIS 17865

District Court of Appeal of Florida | Filed: Oct 27, 1980 | Docket: 64578470

Published

rejecting a claim are mailed to the parties. Section 440.28, Florida Statutes (1979). Clearly, the time

R. E. Ledford Construction Co. v. King

381 So. 2d 330, 1980 Fla. App. LEXIS 16304

District Court of Appeal of Florida | Filed: Mar 20, 1980 | Docket: 64575088

Published

grounds for modifying compensation orders. See Section 440.28, Florida Statutes (1977). The record does not

Enchanted Forest Towers v. Prevost

380 So. 2d 479, 1980 Fla. App. LEXIS 16024

District Court of Appeal of Florida | Filed: Feb 11, 1980 | Docket: 64574668

Published

capacity, which justify the modification order. Section 440.28, Florida Statutes (1977). AFFIRMED. LARRY G

Tropicana Products, Inc. v. Parrish

293 So. 2d 683, 1974 Fla. LEXIS 4224

Supreme Court of Florida | Filed: Apr 24, 1974 | Docket: 64538633

Published

This does not apply to cases arising under Section 440.28, Florida Statutes, or to cases appealed and

In Re Lupola

293 So. 2d 354

Supreme Court of Florida | Filed: Apr 17, 1974 | Docket: 1754523

Published

not be subject to modification or review under § 440.28. The probability of the death of the injured employee

Lupola v. Lindsley Lumber Co.

293 So. 2d 354, 1974 Fla. LEXIS 4197

Supreme Court of Florida | Filed: Apr 17, 1974 | Docket: 64538498

Published

not be subject to modification or review under § 440.28. The probability of the death of the injured employee

Smith v. Kikilis Florist

290 So. 2d 22, 1974 Fla. LEXIS 4391

Supreme Court of Florida | Filed: Feb 6, 1974 | Docket: 64537218

Published

This does not apply to cases arising under Section 440.28, F.S.A., or to eases appealed and reversed

Crews v. Sanderlin

290 So. 2d 487, 1974 Fla. LEXIS 4418

Supreme Court of Florida | Filed: Feb 6, 1974 | Docket: 64537370

Published

review, except pursuant to the provisions of Section 440.28, Florida Statutes, F.S.A. “For the same reasons

Dean v. McLeod

270 So. 2d 726, 1972 Fla. LEXIS 3179

Supreme Court of Florida | Filed: Nov 22, 1972 | Docket: 64529409

Published

the original order as allowed under Fla.Stat. § 440.28, F.S.A., which petition was denied by the Judge

Johnson v. Brasington-Cadillac Oldsmobile, Inc.

265 So. 2d 8, 1972 Fla. LEXIS 3483

Supreme Court of Florida | Filed: Jun 14, 1972 | Docket: 64527021

Published

capable of obtaining gainful employment. Fla. Stat. § 440.28, F.S.A., provides respondents such a remedy by

Soloff v. U-Totem, Inc.

257 So. 2d 31, 1971 Fla. LEXIS 3076

Supreme Court of Florida | Filed: Dec 16, 1971 | Docket: 64524054

Published

based upon a change in condition under F.S. Section 440.28, F.S.A. Thereunder, after hearing, the Judge

Fontainebleau Hotel v. Partenheimer

253 So. 2d 1, 1971 Fla. LEXIS 3307

Supreme Court of Florida | Filed: Sep 22, 1971 | Docket: 64522369

Published

modification of the original award under Fla.Stat. § 440.28, F.S.A., was based upon a mistake in fact: the

Gibson v. Minute Maid Corp.

251 So. 2d 260, 1971 Fla. LEXIS 3469

Supreme Court of Florida | Filed: Jun 30, 1971 | Docket: 64521696

Published

capable of obtaining gainful employment. Fla.Stat. § 440.28, F.S.A., provides respondents such a remedy by

Knell v. Southgate Towers Restaurant, Inc.

235 So. 2d 291, 1970 Fla. LEXIS 2740

Supreme Court of Florida | Filed: May 6, 1970 | Docket: 64514619

Published

ability to earn a livelihood. Pursuant to Fla. Stat. § 440.28, F.S.A., which permits modification of compensation

Perez v. Carillon Hotel

231 So. 2d 519, 1970 Fla. LEXIS 2862

Supreme Court of Florida | Filed: Jan 28, 1970 | Docket: 64513226

Published

This does not apply to cases arising under section 440.28, Florida Statutes, or to cases appealed and

Calhoun v. Smith & Sons

226 So. 2d 807

Supreme Court of Florida | Filed: Sep 24, 1969 | Docket: 64511501

Published

pursuant to the modification provisions of F.S. Section 440.28, F.S.A.

Arnold v. Stroud

221 So. 2d 729, 1969 Fla. LEXIS 2392

Supreme Court of Florida | Filed: Mar 5, 1969 | Docket: 64509434

Published

modification of the prior order pursuant to F.S. Section 440.28, F.S.A. The evidence adduced at the modification

Milholin v. Pappas Restaurant

217 So. 2d 833, 1969 Fla. LEXIS 2510

Supreme Court of Florida | Filed: Jan 15, 1969 | Docket: 64508012

Published

petition for modification pursuant to F.S. Section 440.28, F.S.A. Claimant, who is fifty-one years old

Knight v. Munday Plastering Co.

220 So. 2d 357, 1968 Fla. LEXIS 1977

Supreme Court of Florida | Filed: Dec 10, 1968 | Docket: 64508955

Published

This does not apply to cases arising under Section 440.28, Florida Statutes * (emphasis added) Rule 11

Sierra v. Deauville Operating Co.

213 So. 2d 418, 1968 Fla. LEXIS 2121

Supreme Court of Florida | Filed: Jul 17, 1968 | Docket: 64506490

Published

to dispose of the interest problem. Fla.Stat. § 440.28, F.S.A. (1965) provides that when a modification

McCormick v. Messink

208 So. 2d 113, 1968 Fla. App. LEXIS 5709

District Court of Appeal of Florida | Filed: Feb 23, 1968 | Docket: 64504478

Published

order of the Deputy Commissioner. We find under § 440.28, Fla.Stats., F.S.A., that any party in interest

Jones v. Ludman Corp.

190 So. 2d 760, 1966 Fla. LEXIS 3322

Supreme Court of Florida | Filed: Oct 12, 1966 | Docket: 64498305

Published

October 1964, was precluded by the terms of F.S. Section 440.28, F.S.A., providing a compensation award may

Tropical Brick Co. v. Jackson

188 So. 2d 289, 1966 Fla. LEXIS 3353

Supreme Court of Florida | Filed: Jun 22, 1966 | Docket: 64497261

Published

additional permanent disability compensation under Section 440.28, Florida Statutes, F.S.A., can be allowed on

Jeffers v. Pan American Envelope Co.

172 So. 2d 577, 1965 Fla. LEXIS 3263

Supreme Court of Florida | Filed: Mar 10, 1965 | Docket: 64492283

Published

peculiar about a modification proceeding under Section 440.28, Florida Statutes, F.S.A., that requires a

A. D. H. Building Contractors v. Steele

171 So. 2d 184

District Court of Appeal of Florida | Filed: Jan 19, 1965 | Docket: 64491855

Published

returned to work and the appellants, pursuant to § 440.28, Fla.Stat., F.S.A., petitioned for a modification

Howard v. O'Neal

166 So. 2d 793, 1964 Fla. LEXIS 2653

Supreme Court of Florida | Filed: Jul 8, 1964 | Docket: 64490480

Published

modify this order pursuant to Florida Statutes Section 440.28, F.S.A., claiming a change in physical condition

B. F. Todd Electrical Contractors v. Hammond

164 So. 2d 513, 1964 Fla. LEXIS 2709

Supreme Court of Florida | Filed: May 27, 1964 | Docket: 60221686

Published

apply to modification pro*515ceedings under F.S. § 440.28, F.S.A., that once a claim for modification is

Black v. Blue Ribbon Laundry

161 So. 2d 532

Supreme Court of Florida | Filed: Mar 4, 1964 | Docket: 426762

Published

result of a changed condition and pursuant to Section 440.28, Florida Statutes, F.S.A. While this may appear

Westinghouse Electric Supply Co. v. Reagan

159 So. 2d 222

Supreme Court of Florida | Filed: Dec 18, 1963 | Docket: 60217790

Published

not immune from modification or review under Section 440.28, supra. Section 440.20(10) provides for two

O'Brien Associates v. Smith

159 So. 2d 228

Supreme Court of Florida | Filed: Dec 18, 1963 | Docket: 60217795

Published

modification filed under the provisions of Section 440.28, Florida Statutes, F.S.A. There are certainly

Phillips v. Triangle Construction Co.

145 So. 2d 479

Supreme Court of Florida | Filed: Oct 10, 1962 | Docket: 60207329

Published

barred by the statute of limitations provision of § 440.28, Florida Statutes, F.S.A., because the petition

Hayner Properties, Inc. v. West

142 So. 2d 3, 1962 Fla. LEXIS 2884

Supreme Court of Florida | Filed: May 29, 1962 | Docket: 60205234

Published

the petitioner might have to proceed under Section 440.28, Florida Statutes, F.S.A. It is so ordered

Conroy v. Anthony Abraham Co.

138 So. 2d 317

Supreme Court of Florida | Filed: Feb 28, 1962 | Docket: 60201806

Published

be unnecessary for either of them to resort to § 440.28, Florida Statutes, to obtain such re-evaluation

Wurwarg v. Lighthouse Restaurant

131 So. 2d 469, 1961 Fla. LEXIS 2243

Supreme Court of Florida | Filed: Jun 30, 1961 | Docket: 60197831

Published

when done in accordance with the provisions of Section 440.28, Florida Statutes, F.S.A. Power v. Joseph G

Leonard v. Cook & Pruitt Masonry, Inc.

126 So. 2d 136

Supreme Court of Florida | Filed: Oct 19, 1960 | Docket: 60196484

Published

Inc. v. Matthews, Fla.1954, 76 So.2d 487. Section 440.28, Florida Statutes, F.S.A., is not applicable

Horton v. M & M Luncheonteria, Inc.

123 So. 2d 332

Supreme Court of Florida | Filed: Sep 30, 1960 | Docket: 60195619

Published

commissioner denying a petition filed with him under .§ 440.28, Florida Statutes, F.S.A. alleging that there

Russell v. Bass

107 So. 2d 281

District Court of Appeal of Florida | Filed: Dec 16, 1958 | Docket: 60191365

Published

does not constitute ■a final judgment, for by Section 440.28, Florida Statutes, F.S.A., orders awarding

Freeman v. Skillman

99 So. 2d 630

District Court of Appeal of Florida | Filed: Dec 11, 1957 | Docket: 64489978

Published

a change in the claimant’s condition under Section 440.28, Florida Statutes, F.S.A. From a careful review

Smitty's Coffee Shop v. Florida Industrial Commission

86 So. 2d 268

Supreme Court of Florida | Filed: Feb 22, 1956 | Docket: 64487921

Published

the claim as being under the provisions of Section 440.28, Florida Statutes, F.S.A., and after a hearing

Ferlita v. Florida Art Stucco Corp.

74 So. 2d 893, 1954 Fla. LEXIS 1186

Supreme Court of Florida | Filed: Oct 8, 1954 | Docket: 64485985

Published

claimant was not entitled to reopen the case under Section 440.28, and was not entitled to further benefits under

Superior Home Builders v. Moss

70 So. 2d 570, 1954 Fla. LEXIS 1284

Supreme Court of Florida | Filed: Feb 26, 1954 | Docket: 64485126

Published

claim was barred-by the limitations imposed by section 440.28, Florida Statutes 1951, F.S.A., in that a

Davis v. Combination Awning & Shutter Co.

62 So. 2d 742, 1953 Fla. LEXIS 2089

Supreme Court of Florida | Filed: Jan 9, 1953 | Docket: 64483944

Published

this order which we here review. Our statute, Section 440.28, Florida Statutes, F.S.A., authorizes the Commission

Faulk v. Harper

62 So. 2d 62, 1952 Fla. LEXIS 1891

Supreme Court of Florida | Filed: Dec 16, 1952 | Docket: 64483852

Published

became final twenty days from August 14th, 1947. Section 440.28, F.S.A.' gives to the employee an additional

Manrose v. Miami Shipbuilding Corporation

23 So. 2d 733, 156 Fla. 402, 1945 Fla. LEXIS 872

Supreme Court of Florida | Filed: Oct 2, 1945 | Docket: 3263804

Published

the time required by the law. The Statute, Section 440.28, Florida Statutes of 1941, provides in part

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.