Florida Statute 631.929 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.929

631.929 Election of remedies.—An injured worker who has a date of accident which occurred before January 1, 1994, and is not receiving benefits due under chapter 440 due to the insolvency of a self-insurance fund or its successors, regardless of the date declared insolvent by the court, may elect to seek medical care, treatment, and attendance, and compensation required under ss. 440.15 and 440.16 from the corporation and forego the remedy to seek benefits from his or her employer or the insolvent self-insurance fund. An employee who so elects may be required to obtain medical care, treatment, and attendance through a managed care plan comporting with the requirement of s. 440.134 if the plan of operation so provides. An injured worker has 60 days to seek benefits from the corporation upon ratification by the corporation of his or her right to elect a remedy under this part. If the injured worker elects to pursue his or her remedy under the provisions of this part, the corporation may, with the agreement of the injured employee, pay a lump-sum payment in exchange for the corporation’s and employer’s release from liability for future medical and compensation expenses, as well as any other benefit provided under chapter 440. However, there shall be no entitlement to attorney’s fees, penalties, interest, or costs to be paid on any claim presented to the corporation under this part. This section shall not create any cause of action against any employer who purchased workers’ compensation insurance coverage pursuant to s. 440.38.

History.—s. 24, ch. 97-262; s. 45, ch. 99-7.

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F.S. 631.929 on Casetext

Amendments to 631.929

Arrestable Offenses / Crimes under Fla. Stat. 631.929

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.929.

Annotations, Discussions, Cases:

Cases Citing Statute 631.929

Total Results: 2

Dan Beth Medical v. Snowden

Court: Fla. Dist. Ct. App. | Date Filed: 2001-07-10T00:00:00-07:00

Citation: 798 So. 2d 758, 2001 Fla. App. LEXIS 9468, 2001 WL 765897

Snippet: proceeding under section 631.929, Florida Statutes (1997). Consistent with section 631.929, Snow-den sought benefits…JCC ruled that the waiver provision of section 631.929 did not apply, because it precluded penalties and…appeared to construe the waiver provision of section 631.929 as applicable to a claimant’s initial claim for…chapter 631, and is not used elsewhere in section 631.929. There is no reason to conclude that the waiver…Sheppard, 764 So.2d 705 (Fla. 1st DCA 2000) (section 631.929 precludes recovery of penalties from the employer

Shear Homes, Inc. v. Sheppard

Court: Fla. Dist. Ct. App. | Date Filed: 2000-06-19T00:00:00-07:00

Citation: 764 So. 2d 705, 2000 Fla. App. LEXIS 7514, 2000 WL 775590

Snippet: that such a conclusion is mandated by section 631.929, Florida Statutes (1997), and, accordingly, reverse…for benefits be considered pursuant to section 631.929, Florida Statutes (1997), by FWCIGA. In July 1997…Notice of Ratification Pursuant to Florida Statutes 631.929” in which he acknowledged that his claim had been… seek benefits from FWCIGA pursuant to section 631.929, he waived any right he might otherwise have had…including attorney fees, and that nothing in section 631.929 suggested a contrary result. This appeal follows