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Florida Statute 440.41 | Lawyer Caselaw & Research
F.S. 440.41 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 440.41

The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

GOMEZ LAWN SERVICE, INC. v. THE HARTFORD,, 98 So. 3d 212 (Fla. Dist. Ct. App. 2012)

. . . Failure to so advise the employer shall bar a petition under this chapter.... ” Section 440.41(1), Florida . . . Likewise, section 440.41(l)’s plain language imputes the Employer’s knowledge to the Carrier. . . . required by section 440.185(l)(a), Florida Statutes (1989) (repealed), without reference to section 440.41 . . . to ongoing medical treatment; thus, they have no bearing in the initial notice of injury, or section 440.41 . . .

PETTY, v. FLORIDA INSURANCE GUARANTY ASSOCIATION,, 80 So. 3d 313 (Fla. 2012)

. . . [a] provision to carry out the provisions of s. 440.41.” . . . Section 440.41, Florida Statutes (2008), entitled "Substitution of carrier for employer,” explains that . . .

RABAN, v. FEDERAL EXPRESS CMS,, 13 So. 3d 140 (Fla. Dist. Ct. App. 2009)

. . . . § 440.41, Fla. Stat. (2005). . . .

HOME QUALITY MANAGEMENT, INC. a v. ACE AMERICAN INSURANCE COMPANY, a, 381 F. Supp. 2d 1363 (S.D. Fla. 2005)

. . . . §§ 626.9541(l)(h), 627.062(1), 627.091, 627.191, 627.211, 627.410, 440.38, and 440.41. . . .

GUARANTEE MUTUAL LIFE COMPANY v. McCARTNEY M. C., 672 So. 2d 636 (Fla. Dist. Ct. App. 1996)

. . . Section 440.41(2), Florida Statutes (1993), provides: "Jurisdiction of the employer by the judges of . . .

ACME OIL COMPANY v. STATE FARM INSURANCE COMPANY,, 496 So. 2d 150 (Fla. Dist. Ct. App. 1986)

. . . Pursuant to Section 440.41(1), Florida Statutes (1981) “notice to or knowledge of an employer of the . . . made to the employer, notice to the workers’ compensation carrier was imputed by operation of Section 440.41 . . .

AUTO- OWNERS INSURANCE COMPANY v. AMERICAN STATES INSURANCE COMPANY, 402 So. 2d 560 (Fla. Dist. Ct. App. 1981)

. . . Section 440.41(1) F.S. (1978) provides that “Notice to or knowledge of an employer of the occurrence . . .

SAM ROGERS ENTERPRISES v. WILLIAMS,, 401 So. 2d 1388 (Fla. Dist. Ct. App. 1981)

. . . The deputy reasoned that under § 440.41, the employer was the carrier’s alter ego for purposes of § 44Q . . . In conjunction with this argument, the employer/carrier also contends that § 440.41’s provision imputing . . . Under this rationale § 440.41(1) would operate to impute notice to the carrier since that section was . . . It seems to us, however, that § 440.41, which has as its stated purpose the effective administration . . . We have chosen to construe § 440.34(2)(b) consistently with § 440.41 and the purpose of the Workers’ . . .

FLORIDA ERECTION SERVICES, INC. v. McDONALD,, 395 So. 2d 203 (Fla. Dist. Ct. App. 1981)

. . . Section 440.41, Florida Statutes (1979). To paraphrase from the opinion of Mr. . . .

G. SULLIVAN v. LIBERTY MUTUAL INSURANCE COMPANY, a, 367 So. 2d 658 (Fla. Dist. Ct. App. 1979)

. . . Indeed, Section 440.41 provides that the carrier may actually be substituted for the employer as the . . .

R. BLENSKI, v. LaFOLLETTE,, 581 F.2d 126 (7th Cir. 1978)

. . . name of another for the purpose of soliciting charitable contributions, all in violation of section 440.41 . . . Section 440.41(3)(c) exempts from registration those who collect less than $500 a year if all “fund raising . . . conduct or use of the names fell within the definition of use for soliciting contributions in section 440.41 . . .

GARDNER, v. D. F. S. CONSTRUCTION COMPANY, 358 So. 2d 171 (Fla. 1978)

. . . appliances and completed his training or education under a rehabilitative program pursuant to F.S. 440.41 . . .

INTERNATIONAL PILING, INC. a v. AMERICAN NATIONAL FIRE INSURANCE COMPANY,, 345 So. 2d 761 (Fla. Dist. Ct. App. 1977)

. . . It is also argued that Florida Statute 440.41 (1967) provides no basis for jurisdiction of the Industrial . . . Appellant reasons that if 440.42(3) does not apply to the instant case, then 440.41 cannot be employed . . . an insurance claim was unclear, the claims court had the authority to interpret the policy under § 440.41 . . .

BEST, v. HOLLOWAY MATERIALS, 272 So. 2d 514 (Fla. 1973)

. . . Chapter 440.41, which provides that notice to the employer is notice to the carrier, does not apply to . . . The Full Commission correctly held that Florida Statutes § 440.41 F.S.A., providing for substitution . . . The Commission erred, however, in holding that § 440.41, by implication, requires that a claimant seeking . . . The obvious purpose of Florida Statutes § 440.41, F.S.A., is to provide certain rules facilitating the . . .

FIREMAN S FUND INSURANCE COMPANY, v. RICH, d b a, 220 So. 2d 369 (Fla. 1969)

. . . . § 440.41 (1967), F.S.A., authorizes the Industrial Commission to substitute a carrier for an employer . . .

NEAL v. FLORIDA INDUSTRIAL COMMISSION, 31 Fla. Supp. 94 (Leon Cty. Cir. Ct. 1968)

. . . Under §440.41, Florida Statutes, an insurance carrier of an employer is responsible for the discharge . . .

STATE, CARTER v. FLORIDA INDUSTRIAL COMMISSION,, 28 Fla. Supp. 143 (Leon Cty. Cir. Ct. 1967)

. . . Under section 440.41, Florida Statutes, an insurance carrier of an employer is responsible for the discharge . . .

KOTARSKI, E. v. AETNA CASUALTY AND SURETY COMPANY, a, 244 F. Supp. 547 (E.D. Mich. 1965)

. . . The Florida workmen’s compensation statute, in section 440.41 (Fla.Stat.Ann. § 440.41) empowers the Commission . . .

WESTINGHOUSE ELECTRIC SUPPLY CO. v. W. REAGAN W. REAGAN v. WESTINGHOUSE ELECTRIC SUPPLY CO., 159 So. 2d 222 (Fla. 1963)

. . . Sec. 440.41, F.S.A. recognizes and authorizes this. . . .

RAINBOW POULTRY COMPANY v. RITTER RENTAL SYSTEM, INC., 140 So. 2d 101 (Fla. 1962)

. . . Sec. 440.41, Florida Statutes 1959, F.S.A. . . .

HARTFORD ACCIDENT INDEMNITY COMPANY, v. J. C. KING, S. D. d b a SECURITY INSURANCE COMPANY OF NEW HAVEN, v. J. C. KING, S. D. d b a, 114 So. 2d 184 (Fla. Dist. Ct. App. 1959)

. . . fails to express that intent, or does so ambiguously, the Industrial Commission has power under Section 440.41 . . . to interpret the contract to express the intent of the parties. * * * ” Section 440.41, Florida Statutes . . .

BRENT, v. T. BRENT,, 107 So. 2d 181 (Fla. Dist. Ct. App. 1958)

. . . Section 440.41, Fla.Stat., F.S.A., provides for the substitution of a carrier for the employer in cases . . . Section 440.41 Fla.Stat., F.S.A. . . .

VAN WINKLE v. CARIBBEAN CONSTRUCTION CORP., 12 Fla. Supp. 64 (Fla. Industrial Comm'n 1958)

. . . Section 440.41. 11. . . . upon the carrier in the same manner and to the same extent as upon the employer under our Act (section 440.41 . . .

v., 28 T.C. 1169 (T.C. 1957)

. . . and January 1952 the funds received by petitioner from the insurance companies in the amount of $275,-440.41 . . . may assume without deciding that the expenditures of $3,452 are allocable to the proceeds of $275,-440.41 . . .

GREAT AMERICAN INDEMNITY CO. v. HANSEL B. SMITH, R. V. BARDEN, FLORIDA INDUSTRIAL COMMISSION, 156 Fla. 662 (Fla. 1945)

. . . Section 440.41, Florida Statutes, 1941, and F.S.A. . . .

v., 35 B.T.A. 795 (B.T.A. 1937)

. . . such supplemental cost set up on the books of account was definitely established to the extent of $68,-440.41 . . .

ARMOUR CO. v. RENAKER, 191 F. 48 (C.C.E.D. Ky. 1911)

. . . amounting in all to the sum of $535.67, which, if deducted from the above balance, left a balance oL$l,440.41 . . .