Florida Statute 440.41 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

F.S. 440.41

440.41 Substitution of carrier for employer.—In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer, and in order that the administration of this chapter in respect of such liability may be facilitated, the department shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer in respect of such liability, imposed by this chapter upon the employer, as it considers proper in order to effectuate the provisions of this chapter. For such purposes:

(1) Notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier.

(2) Jurisdiction of the employer by the judges of compensation claims, the department, or any court under this chapter shall be jurisdiction of the carrier.

(3) Any requirement by the judges of compensation claims, the department, or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer.

History.—s. 41, ch. 17481, 1935; CGL 1936 Supp. 5966(40); ss. 17, 35, ch. 69-106; s. 19, ch. 75-209; s. 23, ch. 78-300; ss. 31, 124, ch. 79-40; s. 21, ch. 79-312; s. 9, ch. 81-119; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 11, ch. 91-46; s. 43, ch. 2002-194.

F.S. 440.41 on Google Scholar

F.S. 440.41 on Casetext

Amendments to 440.41

Arrestable Offenses / Crimes under Fla. Stat. 440.41

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.41.

Annotations, Discussions, Cases:

Cases Citing Statute 440.41

Total Results: 20

Ortiz v. Winn-Dixie, Inc., Travelers Insurance, and Sedgwick CMS

Court: District Court of Appeal of Florida | Date Filed: 2024-12-23

Snippet: payment of compensation under this chapter”); § 440.41, Fla. Stat. (providing for the regulation of the

State of Florida v. Zachary Joseph Penna

Court: Supreme Court of Florida | Date Filed: 2024-05-02

Snippet: compelled a finding that Miranda was violated. Id. at 440-41 (Artau, J., concurring in part and dissenting

Laura R. Carroll v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-04-10

Snippet: conviction.” Le Boss v. State, 359 So. 3d 436, 440–41 (Fla. 1st DCA 2023). The admission of Carroll’s

SANDRA PEREZ CARBONELL v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: District Court of Appeal of Florida | Date Filed: 2024-01-05

Snippet: Mendez v. John Caddell Constr. Co., 700 So. 2d 439, 440–41 (Fla. 3d DCA 1997)). On this record, we cannot

ELLIOT SHAWN BUTLER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-11-29

Snippet: hearing. See Morrison v. State, 818 So. 2d 432, 440-41 (Fla. 2002) (explaining that dissatisfaction with

Gulf Management, Inc., and Gallagher Bassett Services, Inc. v. Talmadge Wall

Court: District Court of Appeal of Florida | Date Filed: 2023-11-29

Snippet: (citing Herrera v. Hojo Inn Maingate, 680 So. 2d 439, 440–41 (Fla. 1st DCA 1996), and Wal–Mart Stores, Inc.

Reynaldo Figueroa-Sanabria v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2023-06-29

Snippet: incompetency claim.” Morrison v. State, 818 So. 2d 432, 440-41 (Fla. 2002); see, e.g., Glover v. State, 226 So

L.M., MOTHER OF N.M. AND G.M., CHILDREN vs DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2022-04-28

Snippet: on abuse); Kitchen v. Cerullo, 299 So. 3d 436, 440–41 (Fla. 3d DCA

MICHAEL D. JONES v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-05-26

Snippet: of discretion. Cotton v. State, 763 So. 2d 437, 440–41 (Fla. 4th DCA 2000). The excited utterance

Alvin Davis v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-04-25

Citation: 268 So. 3d 958

Snippet: imposing the statutory maximum? Torres, 124 So. 3d at 440-41 (resentencing required where trial judge said during

Monica A. Gutierrez, etc. v. Jose Luis Vargas, M.D., etc.

Court: Supreme Court of Florida | Date Filed: 2018-03-22

Citation: 239 So. 3d 615

Snippet: Mendez v. John Caddell Constr. Co. , 700 So.2d 439, 440-41 (Fla. 3d DCA 1997). As we have explained, Dr. Croker

Beckman v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-09-06

Citation: 230 So. 3d 77

Snippet: determination.” Cotton v. State, 763 So.2d 437, 440-41 (Fla. 4th DCA 2000) (en banc) (citing Charles W

City of Jacksonville v. Ratliff

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 217 So. 3d 183, 2017 Fla. App. LEXIS 5201

Snippet: persuasion and was not a “vanishing presumption.” Id. at 440-41. In accepting Caldwell’s arguments, the court explained

State of Florida Department of Corr. v. Andrew Junod

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 217 So. 3d 200, 2017 Fla. App. LEXIS 5231

Snippet: Caldwell v. Div. of Ret., 372 So.2d 438, 440-41 (Fla. 1979) (broadening compensability to encompass

Gary G. Debaun v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-03-16

Citation: 213 So. 3d 747, 42 Fla. L. Weekly Supp. 322, 2017 Fla. LEXIS 583

Snippet: decision in L.A.P., and the State appealed. Id, at 440-41, 443. On appeal, the Fifth District sought

Allen v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-02-23

Citation: 157 So. 3d 540, 2015 Fla. App. LEXIS 2459, 2015 WL 735677

Snippet: of discretion. Cotton v. State, 763 So.2d 437, 440-41 (Fla. 4th DCA 2000).” Mariano v. State, 933 So

Walters v. State-DOC/Division of Risk Management

Court: District Court of Appeal of Florida | Date Filed: 2012-10-16

Citation: 100 So. 3d 1173, 2012 WL 4872654, 2012 Fla. App. LEXIS 17887

Snippet: Florida Department of Administration, 372 So.2d 438, 440-41 (Fla.1979). In the absence of stipulated facts

Joe Nagy Towing, Inc. v. Lawless

Court: District Court of Appeal of Florida | Date Filed: 2012-10-12

Citation: 101 So. 3d 868, 2012 WL 4839853, 2012 Fla. App. LEXIS 17839

Snippet: Rep.); see also City of Columbus, 536 U.S. at 440-41, 122 S.Ct. 2226 (referring to the same Conference

Gomez Lawn Service, Inc. v. The Hartford

Court: District Court of Appeal of Florida | Date Filed: 2012-09-28

Citation: 98 So. 3d 212, 2012 WL 4465233, 2012 Fla. App. LEXIS 16460

Snippet: bar a petition under this chapter.... ” Section 440.41(1), Florida Statutes (2010), provides that when

Bishop v. R.J. Reynolds Tobacco Co.

Court: District Court of Appeal of Florida | Date Filed: 2012-08-31

Citation: 96 So. 3d 464, 2012 WL 3758642, 2012 Fla. App. LEXIS 14624

Snippet: In Liggett Group Inc. v. Engle, 853 So.2d 434, 440-41 (Fla. 3d DCA 2003) (“Engle II”), the Third District