The 2023 Florida Statutes (including Special Session C)

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.

F.S. 631.929 on Google Scholar

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 from cite.case.law:

DAN BETH MEDICAL v. SNOWDEN,, 798 So. 2d 758 (Fla. Dist. Ct. App. 2001)

. . . reverse, because claimant waived his right to seek penalties and interest by proceeding under section 631.929 . . . Consistent with section 631.929, Snow-den sought benefits from the Florida Workers’ Compensation Insurance . . . It is not entirely clear, but the JCC appeared to construe the waiver provision of section 631.929 as . . . The word “claim” is not defined anywhere in chapter 631, and is not used elsewhere in section 631.929 . . . Sheppard, 764 So.2d 705 (Fla. 1st DCA 2000) (section 631.929 precludes recovery of penalties from the . . .

SHEAR HOMES, INC. v. SHEPPARD,, 764 So. 2d 705 (Fla. Dist. Ct. App. 2000)

. . . We agree that such a conclusion is mandated by section 631.929, Florida Statutes (1997), and, accordingly . . . In June 1997, the claimant requested that his claim for benefits be considered pursuant to section 631.929 . . . In July 1997, the claimant signed a “Notice of Ratification Pursuant to Florida Statutes 631.929” in . . . We find the language of section 631.929 to be relatively clear and unambiguous. . . . In summary, we hold that, because section 631.929, Florida Statutes (1997), precludes any recovery of . . .