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Florida Statute 440.015 - Full Text and Legal Analysis
Florida Statute 440.015 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
440.015 Legislative intent.—It is the intent of the Legislature that the Workers’ Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer. It is the specific intent of the Legislature that workers’ compensation cases shall be decided on their merits. The workers’ compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike. In addition, it is the intent of the Legislature that the facts in a workers’ compensation case are not to be interpreted liberally in favor of either the rights of the injured worker or the rights of the employer. Additionally, the Legislature hereby declares that disputes concerning the facts in workers’ compensation cases are not to be given a broad liberal construction in favor of the employee on the one hand or of the employer on the other hand, and the laws pertaining to workers’ compensation are to be construed in accordance with the basic principles of statutory construction and not liberally in favor of either employee or employer. It is the intent of the Legislature to ensure the prompt delivery of benefits to the injured worker. Therefore, an efficient and self-executing system must be created which is not an economic or administrative burden. The department, agency, the Office of Insurance Regulation, and the Division of Administrative Hearings shall administer the Workers’ Compensation Law in a manner which facilitates the self-execution of the system and the process of ensuring a prompt and cost-effective delivery of payments.
History.—s. 8, ch. 90-201; s. 6, ch. 91-1; s. 1, ch. 93-415; s. 10, ch. 2002-194; s. 466, ch. 2003-261; s. 3, ch. 2012-135.

F.S. 440.015 on Google Scholar

F.S. 440.015 on CourtListener

Amendments to 440.015


Annotations, Discussions, Cases:

Cases Citing Statute 440.015

Total Results: 981  |  Sort by: Relevance  |  Newest First

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Cramer v. State of Florida, 117 F.3d 1258 (11th Cir. 1997).

Cited 264 times | Published | Court of Appeals for the Eleventh Circuit | 7 Am. Disabilities Cas. (BNA) 115, 1997 U.S. App. LEXIS 18941

for certain benefits. See Fla. Stat. § 440.15 (1993 & 1994 Supp.). The statutory scheme provides
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Sharer v. Hotel Corp. of Am., 144 So. 2d 813 (Fla. 1962).

Cited 82 times | Published | Supreme Court of Florida

the right hand. The Deputy held that under Section 440.15(5) (d) (2), Florida Statutes 1959, F.S.A.,
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Turner v. PCR, INC., 754 So. 2d 683 (Fla. 2000).

Cited 70 times | Published | Supreme Court of Florida | 2000 WL 232595

...Florida Statutes (1997). The statute is intended to provide a "quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." § 440.015, Fla....
...compensation should not affect the pleading or proof of an intentional tort. Therefore, an employee-plaintiff should not be held to a higher standard than any other plaintiff in a non-work-related intentional tort case. Indeed, the plain language of section 440.015, Florida Statutes (1997), suggests that the Legislature did not intend workers' compensation immunity to be used to create a shield for employers to block intentional tort suits at the summary judgment phase....
...Accordingly, we quash the decision below and remand for further proceedings consistent with this opinion. It is so ordered. HARDING, C.J., and SHAW, WELLS, PARIENTE, LEWIS and QUINCE, JJ., concur. NOTES [1] We present the facts with some trepidation as to our ability to restate them with technical accuracy. [2] Section 440.015, Florida Statutes, provides in part: It is the intent of the Legislature that the Workers' Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to...
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Chaffee v. Miami Transfer Co., Inc., 288 So. 2d 209 (Fla. 1974).

Cited 54 times | Published | Supreme Court of Florida | 1974 Fla. LEXIS 4511

that "disability", for purposes of Fla. Stat. § 440.15(3)(u), refers to a diminution of earning capacity
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Regency Inn v. Johnson, 422 So. 2d 870 (Fla. 1st DCA 1982).

Cited 46 times | Published | Florida 1st District Court of Appeal

the result of the compensable injury." (e.s.) § 440.15(3)(b)2, Florida Statutes. The facts detailed below
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Carraway v. Armour & Co., 156 So. 2d 494 (Fla. 1963).

Cited 40 times | Published | Supreme Court of Florida

position that there was a compensable claim under § 440.15(6) (f), in effect determining that the injury
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Sasso v. Ram Prop. Mgmt., 431 So. 2d 204 (Fla. 1st DCA 1983).

Cited 40 times | Published | Florida 1st District Court of Appeal

allowable for such benefits under the provision of Section 440.15(3)(b)3.d, Florida Statutes (1979). He launches
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City of Clermont v. Rumph, 450 So. 2d 573 (Fla. 1st DCA 1984).

Cited 38 times | Published | Florida 1st District Court of Appeal

compensation order and assert that a 1983 amendment to § 440.15(3)(b)2, Florida Statutes, precludes an award of
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Ball v. Mann, 75 So. 2d 758 (Fla. 1954).

Cited 35 times | Published | Supreme Court of Florida

permanent partial disability is prescribed in Section 440.15(3), F.S. 1951, F.S.A. Injuries specifically
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Sasso v. Ram Prop. Mgmt., 452 So. 2d 932 (Fla. 1984).

Cited 33 times | Published | Supreme Court of Florida

total disability and wage-loss benefits under section 440.15(3)(b), Florida Statutes (1979). The deputy
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Div. Of Workers'comp, Etc. v. Brevda, 420 So. 2d 887 (Fla. 1st DCA 1982).

Cited 32 times | Published | Florida 1st District Court of Appeal

benefits and degrees of disability set forth in Section 440.15. On the other hand, there are obvious dissimilarities
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Sunland Hosp./State of Fla. v. Garrett, 415 So. 2d 783 (Fla. 1st DCA 1982).

Cited 31 times | Published | Florida 1st District Court of Appeal

the Evaluation of Permanent Impairment? See section 440.15(3)(a)3, Florida Statutes (1979); Decor Painting
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US Sugar Corp. v. Henson, 823 So. 2d 104 (Fla. 2002).

Cited 31 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 551, 2002 Fla. LEXIS 1159, 2002 WL 1208720

...ess than in generic civil and criminal litigation. As summarized by the court below, Henson asserts that because the workers' compensation scheme is based on "a mutual renunciation of common law rights and defenses by employers and employees alike," section 440.015, Florida Statutes (1995), the common law Frye standard could not be a bar to a claimant's recovery....
...inconsistent with the Legislature's stated intent that the workers' compensation system "assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment." § 440.015, Fla....
...On this basis, the district court certified the issue to this Court. Certainly, we recognize that in establishing the workers' compensation system, the Legislature intended to create an "efficient and self-executing system ... which is not *109 an economic or administrative burden." § 440.015, Fla....
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Rucker v. City of Ocala, 684 So. 2d 836 (Fla. 1st DCA 1996).

Cited 30 times | Published | Florida 1st District Court of Appeal | 1996 WL 708614

access to courts challenge an amendment to section 440.15(3)(b), concerning permanent impairment benefits
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Holiday Care Ctr. v. Scriven, 418 So. 2d 322 (Fla. 1st DCA 1982).

Cited 28 times | Published | Florida 1st District Court of Appeal

percentage of the prior average weekly wage, section 440.15(2), Florida Statutes (1980 Supp.), or to temporary
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City of Hollywood v. Lombardi, 770 So. 2d 1196 (Fla. 2000).

Cited 25 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 895, 2000 Fla. LEXIS 2039, 2000 WL 1535366

104-05 (Fla. 1st DCA 1992). [14] Although section 440.15(9) specifically allows a reduction of workers'
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Escambia Cnty. Sheriff's Dept. v. Grice, 692 So. 2d 896 (Fla. 1997).

Cited 22 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 234, 1997 Fla. LEXIS 596, 1997 WL 214014

an offset for social security benefits under section 440.15(9), Florida Statutes (1985), which states in
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S. Bell Tel. & Tel. Co. v. Bell, 116 So. 2d 617 (Fla. 1959).

Cited 21 times | Published | Supreme Court of Florida

non-scheduled injury to his back, compensable under § 440.15(3) (u), F.S.A. The injury resulted in a functional
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Fla. Indus. Com'n Ex Rel. Special Disability Fund v. Nat. Trucking Co., 107 So. 2d 397 (Fla. 1st DCA 1958).

Cited 21 times | Published | Florida 1st District Court of Appeal

whose employ the subsequent injury occurred. F.S. § 440.15(5)(d) 6(a), F.S.A., provides as follows: "a. Special
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Walker v. Elec. Prods. & Eng'g Co., 248 So. 2d 161 (Fla. 1971).

Cited 20 times | Published | Supreme Court of Florida | 1971 Fla. LEXIS 3673

and on actual physical impairment. Fla. Stat. § 440.15(3) (u), F.S.A., provides that disability "means
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Henderson v. Sol Walker & Co., 138 So. 2d 323 (Fla. 1962).

Cited 20 times | Published | Supreme Court of Florida

disability benefits for 175 weeks as provided for by Section 440.15(3) (d), F.S.A. Thereafter petitioner filed
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Four Quarters Habitat, Inc. v. Miller, 405 So. 2d 475 (Fla. 1st DCA 1981).

Cited 19 times | Published | Florida 1st District Court of Appeal

the claim for catastrophic loss, provided in Section 440.15(2)(b), Florida Statutes (1979), as a denial
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Williams Roofing, Inc. v. Moore, 447 So. 2d 968 (Fla. 1st DCA 1984).

Cited 19 times | Published | Florida 1st District Court of Appeal

2d 989 (Fla. 1983), this court interpreted section 440.15(3)(b)2., Florida Statutes (1979), and stated:
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Rhaney v. Dobbs House, Inc., 415 So. 2d 1277 (Fla. 1st DCA 1982).

Cited 19 times | Published | Florida 1st District Court of Appeal

claimant challenges the constitutionality of Section 440.15(3)(a)3, Florida Statutes (1979). The claimant
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City of Pensacola Firefighters v. Oswald, 710 So. 2d 95 (Fla. 1st DCA 1998).

Cited 19 times | Published | Florida 1st District Court of Appeal | 1998 WL 171259

amending section 440.15(2) and (4), Fla. Stat. Effective January 1, 1994, section 440.15(3)(a)4., Florida
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Giaimo v. Florida Autosport, Inc., 154 So. 3d 385 (Fla. 1st DCA 2014).

Cited 17 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 19498, 2014 WL 6679290

merges with, the effects of a workplace injury. § 440.15(5)(b), Fla. Stat. Apportionment is an affirmative
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City of St. Petersburg v. Nasworthy, 751 So. 2d 772 (Fla. 1st DCA 2000).

Cited 17 times | Published | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 2190, 2000 WL 242636

which the claimant was entitled pursuant to section 440.15, Florida Statutes (1995), we reverse. In January
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Chavarria v. Selugal Clothing, Inc., 840 So. 2d 1071 (Fla. 1st DCA 2003).

Cited 17 times | Published | Florida 1st District Court of Appeal | 2003 WL 215030

from the injury." (Emphasis added.) Moreover, section 440.15(3)(a)(4), Florida Statutes (1995), provides
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Exxon Co. v. Alexis, 370 So. 2d 1128 (Fla. 1978).

Cited 17 times | Published | Supreme Court of Florida

weeks statutory hernia benefits pursuant to Section 440.15(6), Florida Statutes (1973); (3) a permanent
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Barruzza v. Suddath Van Lines, Inc., 474 So. 2d 861 (Fla. 1st DCA 1985).

Cited 17 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1952, 1985 Fla. App. LEXIS 15544

Compensation Division, in accordance with Florida Statute 440.15(9)(c)."[1] The deputy commissioner continued
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Grice v. Suwannee Lumber Mfg. Co., 113 So. 2d 742 (Fla. 1st DCA 1959).

Cited 16 times | Published | Florida 1st District Court of Appeal | 1959 Fla. App. LEXIS 2655

11, F.S.A. [5] F.S. § 440.15(3) (a) to (t), inclusive, F.S.A. [6] F.S. § 440.15(3) (u), F.S.A. — "Other
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Escambia Cty. Council v. Goldsmith, 500 So. 2d 626 (Fla. 1st DCA 1986).

Cited 16 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 56

"permanent impairment" benefits provided in section 440.15(3)(a) subject to apportionment. But the question
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Kirkland v. Harold Pratt Paving, Inc, 518 So. 2d 1320 (Fla. 1st DCA 1987).

Cited 16 times | Published | Florida 1st District Court of Appeal | 1987 WL 3196

his average weekly wage at time of injury. Section 440.15(4)(b), Florida Statutes (1985), states in part:
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Trujillo v. S. Wine & Spirits, 525 So. 2d 481 (Fla. 1st DCA 1988).

Cited 15 times | Published | Florida 1st District Court of Appeal | 1988 WL 50141

claimant's wage loss and his injury. We agree. Section 440.15(4)(b), Florida Statutes (1985), states in part:
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Litvin v. St. Lucie Cty. Sheriff's Dept., 599 So. 2d 1353 (Fla. 1st DCA 1992).

Cited 15 times | Published | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 5353, 1992 WL 102458

adequate job search and the application of section 440.15(3)(b)2, Florida Statutes (1990). We conclude
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HS Camp & Sons v. Flynn, 450 So. 2d 577 (Fla. 1st DCA 1984).

Cited 15 times | Published | Florida 1st District Court of Appeal

disability "due to physical limitation" under § 440.15(1)(b), Florida Statutes; (2) voluntary limitation
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Stahl v. Se. X-Ray, 447 So. 2d 399 (Fla. 1st DCA 1984).

Cited 15 times | Published | Florida 1st District Court of Appeal

418 So.2d 322, 326 (Fla. 1st DCA 1982). Under Section 440.15(3)(b)2, Florida Statutes, the employee has
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US Sugar Corp. v. Henson, 787 So. 2d 3 (Fla. 1st DCA 2001).

Cited 15 times | Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 5255, 2000 WL 1880340

...In response, Henson contends that the Florida workers' compensation statutory scheme leaves no room for Frye admissibility issues. First, he submits that, because the workers' compensation scheme is based on "a mutual renunciation of common law rights and defenses by employers and employees alike," section 440.015, Florida Statutes (1995), the common law Frye standard could not be a bar to a claimant's recovery....
...See Domino's Pizza v. Gibson, 668 So.2d 593, 596 (Fla.1996). We do share appellee's concern with the impact of applying Frye in workers' compensation cases. The legislature has sought to create an efficient, self-executing workers' compensation system, see section 440.015, Florida Statutes (1995), where the occupational cause of a workers' compensation injury is proven by "objective medical findings," "established to a reasonable degree of medical certainty." Section 440.09(1), Florida Statutes (1995)(emphasis supplied)....
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Tampa Elec. Co. v. Bradshaw, 477 So. 2d 624 (Fla. 1st DCA 1985).

Cited 14 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2212, 1985 Fla. App. LEXIS 15944

So.2d 322 (Fla. 1st DCA 1982). Pursuant to Section 440.15(3)(b)2, Florida Statutes (1981), a claimant
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Kerce v. Coca-Cola Co.-Foods Div., 389 So. 2d 1177 (Fla. 1980).

Cited 14 times | Published | Supreme Court of Florida

permanent partial disability benefits under section 440.15(3)(u), Florida Statutes (1974 Supp.).[1]*1178
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Harding v. Winn-Dixie Stores, Inc., 907 F. Supp. 386 (M.D. Fla. 1995).

Cited 14 times | Published | District Court, M.D. Florida | 5 Am. Disabilities Cas. (BNA) 129, 1995 U.S. Dist. LEXIS 17883, 1995 WL 708252

benefits in accordance with Florida Statutes, Section 440.15(3)(b) (1990). Additionally, Plaintiff alleges
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Jimmy Swain, Arlene Weaver & Frank W. Bower v. Richard Schweiker, Sec'y of Health & Human Servs., 676 F.2d 543 (11th Cir. 1982).

Cited 14 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 19220

pre-disability earnings. See Fla.Stat. § 440.15(10); Dep’t of Transp., Div. of Risk Management
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Cramer v. State of Florida, 885 F. Supp. 1545 (M.D. Fla. 1995).

Cited 14 times | Published | District Court, M.D. Florida | 4 Am. Disabilities Cas. (BNA) 687, 1995 U.S. Dist. LEXIS 6399, 1995 WL 284158

impairment rating pursuant to the requirements of § 440.15(3)(a) (Supp.1990). Plaintiffs allege that, on
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Florida Game & Fresh Water Fish Com'n v. Driggers, 65 So. 2d 723 (Fla. 1953).

Cited 14 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 1321

compensation of 175 weeks for "eye lost" under Section 440.15(3)(e), F.S.A. and rejected the carrier's contentions
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McBride v. Pratt & Whitney, 909 So. 2d 386 (Fla. 1st DCA 2005).

Cited 14 times | Published | Florida 1st District Court of Appeal | 2005 WL 1832429

...that the dismissed action was pending; rather, the statute will run as if the dismissed action had never been filed. While both readings of the statute are permissible, we must determine which is the one more likely intended by the legislature. See § 440.015, Fla....
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Russell Corp. v. Brooks, 698 So. 2d 1334 (Fla. 1st DCA 1997).

Cited 13 times | Published | Florida 1st District Court of Appeal | 1997 WL 564204

...administrative burden. The Division of Workers' Compensation shall administer the Workers' Compensation Law in a manner which facilitates the self-execution of the system and the process of ensuring a prompt and cost-effective delivery of payments. § 440.015, Fla....
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Kashin v. Food Fair, 97 So. 2d 609 (Fla. 1957).

Cited 13 times | Published | Supreme Court of Florida

partial disability for the loss of a hand under Section 440.15(3) (c), Florida Statutes, F.S.A., or whether
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Pompano Roofing Co., Inc. v. O'NEAL, 410 So. 2d 971 (Fla. 1st DCA 1982).

Cited 13 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19388

deputy erred by "deeming," in accordance with § 440.15(4)(b), Florida Statutes (1979), minimum wage as
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Hunt v. Stratton, 677 So. 2d 64 (Fla. 1st DCA 1996).

Cited 13 times | Published | Florida 1st District Court of Appeal | 1996 WL 390717

compensation disability benefits offset statute, section 440.15(9)(a), Florida Statutes (1991), provides in
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Trindade v. Abbey Road Beef'N Booze, 443 So. 2d 1007 (Fla. 1st DCA 1983).

Cited 13 times | Published | Florida 1st District Court of Appeal

under the AMA Guides. Trindade concedes that Section 440.15(3)(a)3., Florida Statutes (1979), as interpreted
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Taylor v. Sch. Bd. of Brevard Cnty., 888 So. 2d 1 (Fla. 2004).

Cited 13 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 421, 2004 Fla. LEXIS 1322, 2004 WL 1846219

...administrative burden. The Division of Workers' Compensation shall administer the Workers' Compensation Law in a manner which facilitates the self-execution of the system and the process of ensuring a prompt and cost-effective delivery of payments. § 440.015, Fla....
...compensation law not be construed liberally in favor of the employee or the employer. Rather, the Legislature has cautioned that the system is based upon "a mutual renunciation of common-law rights and defenses by employers and employees alike." See § 440.015, Fla....
...construed liberally in favor of the employee or the employer. Rather, the Legislature has cautioned that the system is based upon `a mutual renunciation of common-law rights and defenses by employers and employees alike.'" Majority op. 4-5 (quoting § 440.015, Fla....
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Staffmark v. Merrell, 43 So. 3d 792 (Fla. 1st DCA 2010).

Cited 13 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 12699, 2010 WL 3168130

there is nothing unclear or ambiguous about section 440.15(5)(b); that, as a result, there is no reason
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Aguilera v. Inservices, Inc., 905 So. 2d 84 (Fla. 2005).

Cited 12 times | Published | Supreme Court of Florida | 2005 WL 1403993

...It is the specific intent of the Legislature that workers' compensation cases shall be decided on their merits. The workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike. § 440.015, Fla....
...mines the workers' compensation scheme. A. The Exchange of Common Law Remedies for Statutory Remedies "The workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015 Fla....
...' compensation is gone. And such a result is in direct conflict with the legislative statement that "[t]he workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015, Fla....
...In its place, the Legislature enacted section 440.105, Florida Statutes (Supp.1994). This is a similarly worded statute, but the express private right of action of section 440.37(2)(c) is eliminated. [11] Notably, Sibley was decided before the passage of section 440.015, Florida Statutes. This statute, passed in 1990, provides that "[t]he workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015, Fla....
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Wyeth/Pharma Field Sales v. Toscano, 40 So. 3d 795 (Fla. 1st DCA 2010).

Cited 12 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 10816, 2010 WL 2671805

governing the payment of TPD benefits pursuant to section 440.15(4), Florida Statutes (2007). Distinct from
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Byerley v. Citrus Pub., Inc., 725 So. 2d 1230 (Fla. 5th DCA 1999).

Cited 12 times | Published | Florida 5th District Court of Appeal | 1999 WL 22262

...njuries. The stated intent of the statute is "to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." See § 440.015, Fla....
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Ace Disposal v. Holley, 668 So. 2d 645 (Fla. 1st DCA 1996).

Cited 12 times | Published | Florida 1st District Court of Appeal | 1996 WL 69109

(PTD) benefits would be suspended pursuant to section 440.15(1)(f)2.b., Florida Statutes (Supp.1994), unless
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Acton v. Ft. Lauderdale Hosp., 418 So. 2d 1099 (Fla. 1st DCA 1982).

Cited 12 times | Published | Florida 1st District Court of Appeal

The issue raised by this appeal is whether Section 440.15(3)(a) and (b), Florida Statutes (1981), is
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Edwards v. Caulfield, 560 So. 2d 364 (Fla. 1st DCA 1990).

Cited 12 times | Published | Florida 1st District Court of Appeal | 1990 WL 52798

application of the "deemed earnings" provision of Section 440.15(4)(b), Florida Statutes (1987) with respect
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Am. Bankers Ins. Co. v. Little, 393 So. 2d 1063 (Fla. 1980).

Cited 11 times | Published | Supreme Court of Florida

amendment to Florida's workmen's compensation law, section 440.15(10) of the Florida Statutes, permitting Florida
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Square G. Const. Co. v. Grace, 412 So. 2d 397 (Fla. 1st DCA 1982).

Cited 11 times | Published | Florida 1st District Court of Appeal

September 23 and, in the pro forma language of Section 440.15(4)(c), during the continuance of such disability;
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S & S Stove Repair, Inc. v. Dumas, 465 So. 2d 644 (Fla. 1st DCA 1985).

Cited 11 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 763

deputy awarded PPD benefits to claimant under Section 440.15(3)(u), Florida Statutes (1977). This subsection
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Vigliotti v. K-Mart Corp., 680 So. 2d 466 (Fla. 1st DCA 1996).

Cited 11 times | Published | Florida 1st District Court of Appeal | 1996 WL 106606

...ming work. We see nothing, however, in the extensive revisions to the Workers' Compensation Law to indicate the Legislature intended to broaden tort liability of employers in this fashion as a solution to the workers' compensation crisis. See, e.g., § 440.015, Fla.Stat....
...As previously noted, this construction would broaden the potential tort liability for every employer in Florida. Moreover, this construction would contravene the legislative intent to ensure the prompt delivery of benefits to the injured worker by an efficient and self-executing system. § 440.015, Fla.Stat....
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Dolphin Tire Co. v. Ellison, 402 So. 2d 36 (Fla. 1st DCA 1981).

Cited 11 times | Published | Florida 1st District Court of Appeal

pursuant to the "catastrophic loss" provisions of Section 440.15(2)(b), Florida Statutes (1979). The claim also
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Paramount Poultry v. Mims, 472 So. 2d 1281 (Fla. 1st DCA 1985).

Cited 11 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1706

further work search under the requirements of section 440.15 is a question of fact for the deputy commissioner
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Brown v. Lp Sanitation, 689 So. 2d 332 (Fla. 1st DCA 1997).

Cited 11 times | Published | Florida 1st District Court of Appeal | 1997 WL 46900

compensation order: 17. As to the issue regarding section 440.15(13), Florida Statutes (Supp.1994), I find this
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Sun Bank/South Florida, NA v. Baker, 632 So. 2d 669 (Fla. 4th DCA 1994).

Cited 11 times | Published | Florida 4th District Court of Appeal | 1994 WL 51861

...ablished by chapter 440, Florida Statutes. The declared legislative intent of the workers' compensation law is "to assure the quick and efficient delivery of disability and medical benefits to an injured worker at a reasonable cost to the employer." § 440.015, Fla....
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Gomez v. Neckwear, 424 So. 2d 106 (Fla. 1st DCA 1982).

Cited 11 times | Published | Florida 1st District Court of Appeal

10% physical impairment. The applicable law, section 440.15(3)(u), Florida Statutes (1977), provides that
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Johnnie's Produce Co. v. Benedict & Jordan, 120 So. 2d 12 (Fla. 1960).

Cited 11 times | Published | Supreme Court of Florida

impairment suffers a subsequent compensable injury. § 440.15(5) (d), Fla. Stat., F.S.A. In cases within the
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Okeechobee Health Care v. Collins, 726 So. 2d 775 (Fla. 1st DCA 1998).

Cited 10 times | Published | Florida 1st District Court of Appeal | 1998 WL 689689

...The Florida Supreme Court recently quoted language from Daniel with approval in Broward v. Jacksonville Medical Center, 690 So.2d 589 (Fla. 1997), in deciding a case that arose under the 1993 statute. But, by enacting chapter 93-415, section 1 at 68, Laws of Florida, now codified as section 440.015, Florida Statutes (1997), the Legislature has placed a different gloss on the Workers' Compensation Law, declaring that disputes concerning the facts in workers' compensation cases are not to be given a broad liberal construction in f...
...1st DCA 1998); City of Pensacola Firefighters v. Oswald 710 So.2d 95 (Fla. 1st DCA 1998). Here, too, we adhere to "the basic principles of statutory construction," which neither require nor permit that all ambiguities be resolved "liberally in favor of either employee or employer." § 440.015, Fla....
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Holland v. Cheney Bros., Inc., 22 So. 3d 648 (Fla. 1st DCA 2009).

Cited 10 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 15573, 2009 WL 3278710

substantive argument as to the JCCs application of section 440.15(4)(a)-(e), Florida Statutes (2007), which establishes
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Vegas v. Globe SEC., 627 So. 2d 76 (Fla. 1st DCA 1993).

Cited 10 times | Published | Florida 1st District Court of Appeal | 1993 WL 477628

...The purpose of the Act is to compensate for loss of wage earning capacity due to work-connected injury. It is the capacity of the "whole man" not the capacity of the part-time or full-time worker that is involved. 262 So.2d at 194 (emphasis added). [4] When the 1990 Legislature substantially rewrote the Act, it created section 440.015, *81 Florida Statutes (Supp....
...overage but are nonetheless calculated to provide an adequate level of compensation to injured employees " (emphasis added). Any suggestion that the new definition of wages must control over the statutory and case law concept of AWW not only ignores section 440.015, it also takes no heed of the legislature's decision to maintain an adequate level of compensation....
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Brown v. Winn-Dixie Montgomery, Inc., 469 So. 2d 155 (Fla. 1st DCA 1985).

Cited 10 times | Published | Florida 1st District Court of Appeal | 50 Fair Empl. Prac. Cas. (BNA) 458, 10 Fla. L. Weekly 1129, 1985 Fla. App. LEXIS 13817

for medical services to the injured employee, section 440.15, disability benefits, including permanent total
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Dept. of Transp., Div. of Risk v. Lindsey, 383 So. 2d 956 (Fla. 1st DCA 1980).

Cited 10 times | Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 16731

Lindsey's permanent disability benefits to Section 440.15(10), Florida Statutes (1979), which provides
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Jewell v. Wood, 130 So. 2d 277 (Fla. 1961).

Cited 10 times | Published | Supreme Court of Florida

be classified as a "scheduled injury" under Section 440.15(3), Florida Statutes, F.S.A., as an injury
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Bakerman v. the Bombay Co., Inc., 961 So. 2d 259 (Fla. 2007).

Cited 10 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 342, 2007 Fla. LEXIS 1105, 2007 WL 1774420

...fits to workers who are injured on the job during the course of their employment. See generally §§ 440.01-440.60, Fla. Stat. (2006). The system is "based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015, Fla....
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Griffith v. McDonalds, 526 So. 2d 1032 (Fla. 1st DCA 1988).

Cited 10 times | Published | Florida 1st District Court of Appeal | 1988 WL 62129

finding of lack of permanent impairment, see Section 440.15, Florida Statutes (1985), and we affirm on
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Decor Painting & Iowa Mut. Ins. Co. v. Rohn, 401 So. 2d 899 (Fla. 1st DCA 1981).

Cited 10 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 20577

Evaluation of Permanent Impairment[1] referred to in Section 440.15(3)(a)3, Florida Statutes (1979). We agree and
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Wal-Mart Stores, Inc. v. Liggon, 668 So. 2d 259 (Fla. 1st DCA 1996).

Cited 10 times | Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 1150, 1996 WL 63251

had therefore met her burden of proof under section 440.15(1)(b), Florida Statutes (1991), to show that
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City of Clearwater v. Acker, 755 So. 2d 597 (Fla. 1999).

Cited 10 times | Published | Supreme Court of Florida | 1999 WL 1123401

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)1, FLORIDA STATUTES (1985), IS THE EMPLOYER
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Aravena v. Miami-Dade Cnty., 928 So. 2d 1163 (Fla. 2006).

Cited 10 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 205, 2006 Fla. LEXIS 556, 2006 WL 870503

...ion are to be construed in accordance with the basic principles of statutory construction and not liberally in favor of either employee or employer. It is the intent of the Legislature to ensure the prompt delivery of benefits to the injured worker. § 440.015, Fla....
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Morris v. Dollar Tree Store, 869 So. 2d 704 (Fla. 1st DCA 2004).

Cited 10 times | Published | Florida 1st District Court of Appeal | 2004 WL 726815

...made whole for all costs necessary to maintain the claim. Any conclusion to the contrary would obfuscate the expressed purpose "to ensure the prompt delivery of benefits to the injured worker," and to create "an efficient and self-executing system." § 440.015, Fla....
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Hanna v. Indus. Labor Serv. Inc., 636 So. 2d 773 (Fla. 1st DCA 1994).

Cited 10 times | Published | Florida 1st District Court of Appeal | 1994 WL 122354

during any period of incarceration, pursuant to section 440.15(8), Florida Statutes. 2) Claimant was responsible
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Padrick Chevrolet Co. v. Crosby, 75 So. 2d 762 (Fla. 1954).

Cited 9 times | Published | Supreme Court of Florida

that hernia claims are compensable only under section 440.15(6), Florida Statutes 1951, F.S.A.; that under
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Superior Pontiac v. Hearn, 458 So. 2d 1197 (Fla. 1st DCA 1984).

Cited 9 times | Published | Florida 1st District Court of Appeal

there was no actual wage loss as required by Section 440.15(4), Florida Statutes (1983). For the period
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Dep't of Pub. Health v. Wilcox, 543 So. 2d 1253 (Fla. 1989).

Cited 9 times | Published | Supreme Court of Florida | 1989 WL 55860

compensation award pursuant to the offset provision in section 440.15(9), Florida Statutes (1985). Wilcox contends
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D & R Builders, Inc. v. Quetglas, 449 So. 2d 988 (Fla. 1st DCA 1984).

Cited 9 times | Published | Florida 1st District Court of Appeal

deputy of the "deemed earnings" provision of Section 440.15(3)(b)2., Florida Statutes (1979).[1] We decline
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Vill. Inn Restaurant v. Aridi, 543 So. 2d 778 (Fla. 1st DCA 1989).

Cited 9 times | Published | Florida 1st District Court of Appeal | 1989 WL 34000

voluntarily limited his income. However, under section 440.15(3)(b)1, Fla. Stat. (1985), claimant must have
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Rios v. Fred Teitelbaum Const., 522 So. 2d 1015 (Fla. 1st DCA 1988).

Cited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 27735

recovery of wage loss benefits pursuant to section 440.15(3)(b), Florida Statutes, however, an employee
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Fitzgerald v. South Broward Hosp. Dist., 840 So. 2d 460 (Fla. 4th DCA 2003).

Cited 9 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 4450, 2003 WL 1622771

...The express legislative intent behind the worker's compensation statute is to "assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." § 440.015, Fla....
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Dennis v. Brown, 93 So. 2d 584 (Fla. 1957).

Cited 9 times | Published | Supreme Court of Florida

Workmen's Compensation Law [which appears now as Section 440.15(5), Subsequent Injury; Special Disability Fund]
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Lundy v. Four Seasons Ocean Grand Palm Bch., 932 So. 2d 506 (Fla. 1st DCA 2006).

Cited 9 times | Published | Florida 1st District Court of Appeal | 2006 WL 1675075

one of the goals motivating the enactment of section 440.15(3)(b), Florida Statutes (1979), making employees
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Lake Cnty. Com'rs v. Walburn, 409 So. 2d 153 (Fla. 1st DCA 1982).

Cited 9 times | Published | Florida 1st District Court of Appeal

earnings from July 23, 1980 to October 1, 1980. Section 440.15(3)(b)2, Fla. Stat. (1979) provides that if
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Inservices, Inc. v. Aguilera, 837 So. 2d 464 (Fla. 3d DCA 2002).

Cited 9 times | Published | Florida 3rd District Court of Appeal | 2002 WL 31870185

...*471 Workers' Compensation Immunity Florida's workers' compensation scheme was designed "to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." § 440.015, Fla....
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Vencor Hosp. v. Ahles, 727 So. 2d 968 (Fla. 1st DCA 1998).

Cited 9 times | Published | Florida 1st District Court of Appeal | 1998 WL 852567

earnings provision of the previous statute, see section 440.15(4)(b), Florida Statutes (1993), which had enabled
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Carr v. Cent. Florida Aluminum Prods., Inc., 402 So. 2d 565 (Fla. 1st DCA 1981).

Cited 9 times | Published | Florida 1st District Court of Appeal

Carr for "permanent impairment" benefits under Section 440.15(3)(a)1, which provides for a one-time payment
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Mahoney v. Sears, Roebuck & Co., 419 So. 2d 754 (Fla. 1st DCA 1982).

Cited 8 times | Published | Florida 1st District Court of Appeal

practical purposes, useless. He now argues that Section 440.15(3)(a)1, Florida Statutes (1980), which limits
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Spitzer v. Bartlett Bros. Roofing, 437 So. 2d 758 (Fla. 1st DCA 1983).

Cited 8 times | Published | Florida 1st District Court of Appeal

denying catastrophic loss benefits pursuant to § 440.15(2)(b), Florida Statutes (1979), and denying attorney's
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Carballo v. Warren Mfg. Co., 407 So. 2d 603 (Fla. 1st DCA 1981).

Cited 8 times | Published | Florida 1st District Court of Appeal

offset of social security benefits as provided by § 440.15(10), Florida Statutes (1979). That section specifically
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Wash House v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982).

Cited 8 times | Published | Florida 1st District Court of Appeal

Evaluation of Permanent Impairment, as required by Section 440.15(3), Florida Statutes (1979). However, we decline
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Farrens Tree Surgeons v. Winkles, 334 So. 2d 569 (Fla. 1976).

Cited 8 times | Published | Supreme Court of Florida

constituting injuries to the body as a whole under Section 440.15(3)(u), Florida Statutes.[1] Noting that scheduled
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Union Camp Corp. v. Hurst, 696 So. 2d 873 (Fla. 1st DCA 1997).

Cited 8 times | Published | Florida 1st District Court of Appeal | 1997 WL 287557

should have applied the criteria contained in section 440.15(1), Florida Statutes (Supp.1994). The final
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Deinema v. Pierpoint Condos., 415 So. 2d 811 (Fla. 1st DCA 1982).

Cited 8 times | Published | Florida 1st District Court of Appeal

claimant's condition. The deputy interpreted Section 440.15(3)(a)2, Florida Statutes (1979),[2] as requiring
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Delta Air Lines, Inc. v. Cunningham, 658 So. 2d 556 (Fla. 3d DCA 1995).

Cited 8 times | Published | Florida 3rd District Court of Appeal | 1995 WL 353493

...That purpose is to "assure the quick and efficient delivery of disability and medical benefits to an injured worker at reasonable cost to the employer," based "on a mutual renunciation of common law rights and defenses by employers and employees alike." § 440.015, Fla....
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Se. Recycling v. Cottongim, 639 So. 2d 155 (Fla. 1st DCA 1994).

Cited 8 times | Published | Florida 1st District Court of Appeal | 1994 WL 313691

Associate Judge, concur. NOTES [1] Under section 440.15(3)(b)4d(I), Florida Statutes (Supp. 1990),
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Dayron Corp. v. Morehead, 509 So. 2d 930 (Fla. 1987).

Cited 8 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 394

Worker's Compensation Law[1] (the "Statute"), section 440.15(3)(a)(3),[2] dealing with "permanent impairment
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Polote Corp. v. Meredith, 482 So. 2d 515 (Fla. 1st DCA 1986).

Cited 8 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 263

attorney's fee, supplemental benefits provided in section 440.15(1)(e)1. should not be included in the computation
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EB Malone Corp. v. Johnson, 425 So. 2d 622 (Fla. 1st DCA 1983).

Cited 8 times | Published | Florida 1st District Court of Appeal

entitled to catastrophic loss benefits pursuant to Section 440.15(2)(b), Florida Statutes, and Van Eyk v. R.N
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Com. Carrier Corp. v. LaPointe, 723 So. 2d 912 (Fla. 1st DCA 1999).

Cited 8 times | Published | Florida 1st District Court of Appeal | 1999 WL 9702

"conclusive proof of a substantial earning capacity," § 440.15(1)(b), Fla. Stat. (1991), nor "a substitute for
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Citrus Cent. v. Parker, 423 So. 2d 610 (Fla. 1st DCA 1982).

Cited 8 times | Published | Florida 1st District Court of Appeal

the appellee voluntarily limited his income. Section 440.15(3)(b)2, Florida Statutes (1981), provides that
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Hernandez v. De Carlo, 116 So. 2d 429 (Fla. 1959).

Cited 8 times | Published | Supreme Court of Florida

employee suffers an injury not scheduled under Section 440.15 (3), Florida Statutes, F.S.A., but rather suffers
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Shaw v. Publix Supermarkets, Inc., 609 So. 2d 683 (Fla. 1st DCA 1992).

Cited 8 times | Published | Florida 1st District Court of Appeal | 1992 WL 353330

benefits, and Claimant met the burden set forth in section 440.15(1)(b), Florida Statutes (1989), "to establish
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Tractor Supply Co. v. Kent, 966 So. 2d 978 (Fla. 5th DCA 2007).

Cited 8 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 13448, 2007 WL 2456209

...Both parties recognize the stated intent of the Worker's Compensation Act is to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer. § 440.015, Fla....
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Parodi v. Florida Contracting Co., Inc., 16 So. 3d 958 (Fla. 1st DCA 2009).

Cited 8 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 12743, 2009 WL 2602295

...sive modification, should still be interpreted to assure the quick and efficient delivery of medical benefits in a "self-executing system." Moreover, such a stark construction renders the self-help provision of the statute virtually meaningless. See § 440.015, Fla....
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Anderson v. S & S Diversified, Inc., 477 So. 2d 591 (Fla. 1st DCA 1985).

Cited 8 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2401

impaired claimant absent voluntary limitation. § 440.15(3)(b)2, Florida Statutes. Although the record
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Dixon v. Pasadena Yacht & Country Club, 731 So. 2d 141 (Fla. 1st DCA 1999).

Cited 8 times | Published | Florida 1st District Court of Appeal | 1999 WL 242556

provides any support for such a reduction. Section 440.15(3)(b)7, Florida Statutes (1991), allows an
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Brannon v. Tampa Tribune, 711 So. 2d 97 (Fla. 1st DCA 1998).

Cited 8 times | Published | Florida 1st District Court of Appeal | 1998 WL 176675

provisions of the Workers' Compensation Law. Section 440.15(1)(b) Florida Statutes, (Supp.1994) limits
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Oak Const. Co. v. Jackson, 522 So. 2d 1068 (Fla. 1st DCA 1988).

Cited 8 times | Published | Florida 1st District Court of Appeal | 1988 WL 31705

administratively take the statutory offset. Section 440.15(10), Florida Statutes (1981). We find no error
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Jack Eckerd Corp. v. Coker, 411 So. 2d 1026 (Fla. 1st DCA 1982).

Cited 8 times | Published | Florida 1st District Court of Appeal

cross-appeal challenging the constitutionality of § 440.15(3)(b)3.d, Florida Statutes (1980 Supp.).[1] For
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Deltona Corp. v. Morris, 418 So. 2d 1274 (Fla. 1st DCA 1982).

Cited 7 times | Published | Florida 1st District Court of Appeal

of a wage-loss on a month-by-month basis. See § 440.15(3)(b)1, Fla. Stat. (Supp. 1980). AFFIRMED. ROBERT
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Nickolls v. Univ. of Florida, 606 So. 2d 410 (Fla. 1st DCA 1992).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 217176

employment status due to a compensable injury. § 440.15(3)(b)2, Fla. Stat.; Edwards v. Caulfield, 560
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Vill. Apts. v. Hernandez, 856 So. 2d 1140 (Fla. 1st DCA 2003).

Cited 7 times | Published | Florida 1st District Court of Appeal | 2003 WL 22399572

..."Honesty is not a luxury to be invoked at the convenience of a litigant." Baker v. Myers Tractor Servs., Inc., 765 So.2d 149, 150 (Fla. 1st DCA 2000) (quoting trial court's order). The workers' compensation system is designed to be efficient and self-executing. See § 440.015, Fla....
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Walsdorf Sheet Metal Works v. Gonzalez, 719 So. 2d 355 (Fla. 1st DCA 1998).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1998 WL 729653

...Certainly, allowing a party to delay seeking an emergency medical advisor until trial, when disagreement in the medical opinions is evident earlier, would not facilitate the legislative intent of the worker's compensation law "to ensure the prompt delivery of benefits to the injured worker." § 440.015, Fla....
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S & a Plumbing v. Kimes, 756 So. 2d 1037 (Fla. 1st DCA 2000).

Cited 7 times | Published | Florida 1st District Court of Appeal | 2000 WL 331938

...The workers' compensation system is clearly intended to be self-executing, with the resort to adversarial proceedings being undertaken only as a last recourse to resolve intractable disputes between petitioners and employers and their insurance carriers. See § 440.015, Fla....
...Thereafter, the claim for treatment to the neck and back was addressed by the JCC and a pending claim regarding wage loss was abandoned. Thus, the denial of authorization for surgery on the left ankle is now ripe for review. [2] The statement of legislative intent provided in section 440.015 provides in part: It is the intent of the Legislature that the Workers' Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer.......
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Philpot v. City of Miami, 541 So. 2d 680 (Fla. 1st DCA 1989).

Cited 7 times | Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 714, 1989 Fla. App. LEXIS 1460, 1989 WL 23492

determined in accordance with the AMA Guides. § 440.15(3)(a)3, Fla. Stat. (1983). In other words, because
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Witzky v. West Coast Dup. & Claims Ctr., 503 So. 2d 1327 (Fla. 1st DCA 1987).

Cited 7 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 723, 1987 Fla. App. LEXIS 12007

frames for calculating wage loss benefits under section 440.15(3)(b)(2) are encountered when a claimant is
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Dept. of Offender Rehab. v. Godwin, 394 So. 2d 1091 (Fla. 1st DCA 1981).

Cited 7 times | Published | Florida 1st District Court of Appeal

work-related injuries with the same employer. Under § 440.15(5), Florida Statutes (1977), the employer should
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Vida Appliances, Inc. v. Gates, 416 So. 2d 1186 (Fla. 1st DCA 1982).

Cited 7 times | Published | Florida 1st District Court of Appeal

substantial competent evidence for that view. Section 440.15(3)(b)(2), Florida Statutes (1979), states that
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Tampa Bay Moving Sys., Inc. v. Frederick, 433 So. 2d 628 (Fla. 1st DCA 1983).

Cited 7 times | Published | Florida 1st District Court of Appeal

evidentiary predicate for certain determinations. Section 440.15(3)(a)3 provides that "the division shall establish
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Carruth v. Allied Prods. Co., 452 So. 2d 634 (Fla. 1st DCA 1984).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 13543

wage loss, in light of the 1983 amendment to section 440.15(3)(b)2, Florida Statutes. On cross appeal,
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Great Dane Trailers v. Flis, 435 So. 2d 931 (Fla. 1st DCA 1983).

Cited 7 times | Published | Florida 1st District Court of Appeal

catastrophic sort for which special benefits are payable, § 440.15(2)(b). That decision might arguably be confined
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Turner v. Rinker Materials, 622 So. 2d 80 (Fla. 1st DCA 1993).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1993 WL 274213

failure to report pursuant to the newly amended section 440.15(3)(b)2., Florida Statutes (Supp. 1990). We
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Rouse v. Wyldwood Tropical Nursery, 392 So. 2d 370 (Fla. 1st DCA 1981).

Cited 7 times | Published | Florida 1st District Court of Appeal

of the body as a whole. The last sentence in Section 440.15(3)(u), Florida Statutes 1978, defines "disability"
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Rivendell of Ft. Walton v. Petway, 833 So. 2d 292 (Fla. 1st DCA 2002).

Cited 7 times | Published | Florida 1st District Court of Appeal | 2002 WL 31887694

thereafter paid impairment benefits pursuant to section 440.15(3)(a), Florida Statutes (1995), based on orthopedic
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Jackson v. Publix Supermarkets, Inc., 520 So. 2d 50 (Fla. 1st DCA 1987).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1987 WL 31972

earnings for the accrued periods in question. Section 440.15(3)(b)2, Florida Statutes. That is the effect
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Crawford & Co. v. Apfel, 235 F.3d 1298 (11th Cir. 2000).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit

permanent total disability be awarded.” Fla. Stats. § 440.15(b)(1994)(emphasis added). Turning to §
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Flagship Nat. Bk. of Broward v. Hinkle, 479 So. 2d 828 (Fla. 1st DCA 1985).

Cited 7 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2760

proposition that the deputy is prohibited by section 440.15(5)(a), Florida Statutes (1983), from apportioning
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Newton v. McCotter Motors, Inc., 475 So. 2d 230 (Fla. 1985).

Cited 7 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 443

2d 204 (Fla. 1st DCA 1983) (the provision of section 440.15(3)(b)3.d., Florida Statutes (1979), which terminates
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Ocean Manor Resort Hotel v. Garbalosa, 512 So. 2d 256 (Fla. 1st DCA 1987).

Cited 7 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2062

the e/c from December 1984 through June 1985. Section 440.15(10)(b) states that "unemployment compensation
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Colonel's Table v. Malena, 412 So. 2d 64 (Fla. 1st DCA 1982).

Cited 7 times | Published | Florida 1st District Court of Appeal

that they were entitled to do so pursuant to the § 440.15(10)(a) offset provision. A hearing was held on
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Sanz v. Eden Roc Hotel, 140 So. 2d 104 (Fla. 1962).

Cited 7 times | Published | Supreme Court of Florida

compensation benefits for six weeks under F.S. Section 440.15(6), F.S.A. A hearing was held before the deputy
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Winter Garden Citrus v. Parrish, 438 So. 2d 472 (Fla. 1st DCA 1983).

Cited 6 times | Published | Florida 1st District Court of Appeal

entitled to supplemental benefits pursuant to Section 440.15(1)(e), Florida Statutes (1979). Supplemental
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Crum v. Richmond, 46 So. 3d 633 (Fla. 1st DCA 2010).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 16154, 2010 WL 4157198

93-415, § 20, at 120, 128, Laws of Fla. (amending § 440.15(2), (4), Fla. Stat.). We explained in City of
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John Barley Mem'l v. Gillam, 550 So. 2d 1179 (Fla. 1st DCA 1989).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1989 WL 128055

supplemental benefits to which she is entitled under Section 440.15(1)(e), Florida Statutes. We therefore affirm
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Crutcher v. Sch. Bd. of Broward Cnty., 834 So. 2d 228 (Fla. 1st DCA 2002).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2002 WL 31373480

...The majority's interpretation of section 440.19 defeats the objective of the workers' compensation law to facilitate the prompt receipt of benefits to claimants, which includes the prompt receipt by the claimant of the procedures to receive such benefits. See § 440.015, Fla....
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Bado v. Canteen Corp., 513 So. 2d 1364 (Fla. 1st DCA 1987).

Cited 6 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2453

wage loss benefits as "deemed earnings" under section 440.15(3)(b)2, Florida Statutes (1983). A claim was
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Moore v. Servicemaster Com. Servs., 19 So. 3d 1147 (Fla. 1st DCA 2009).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 15556, 2009 WL 3278815

...Pervasive federal law now requires employers to make reasonable accommodations for their disabled employees. Id. (citing 42 U.S.C. § 12112(a)). The application of the concept of "sheltered employment" in the manner urged by Claimant is antithetical to the express legislative intent contained in section 440.015 (stating it is the intent of the Legislature that the Workers' Compensation Law be interpreted to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer), and is at odds with the affirmative defens...
...We can think of no legislative purpose that would be served by penalizing an employer that has implemented a return-to-work program, even if part of the purpose of the program is to facilitate a reduction in the cost of workers' compensation— a legitimate and textual goal of the Act. See § 440.015, Fla....
...r, the unjustified refusal of suitable employment. We disagree. It is the intent of the Legislature that the Workers' Compensation Law be interpreted to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer. See § 440.015, Fla....
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Matrix Emp. Leasing, Inc. v. Hadley, 78 So. 3d 621 (Fla. 1st DCA 2011).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 18955, 2011 WL 5925050

...[8] The conclusion that disability benefits are available throughout the course of a worker's disability is not only supported by the text of the applicable statutes, it is also consistent with the intent of the Legislature as expressed in the Workers' Compensation Law. Section 440.015, Florida Statutes (2006) states, "It is the intent of the Legislature to ensure the prompt delivery of benefits to the injured worker." We can assume from this statement that the Legislature meant to require the continuous payment of...
...pplied. Instead, the rule in Oswald has been used almost exclusively as authority to deny benefits. The Workers' Compensation Law was designed to provide injured workers just compensation for their injuries at reasonable cost to their employers. See § 440.015, Fla....
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Alderman v. Florida Plastering, 748 So. 2d 1038 (Fla. 1st DCA 1998).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1998 WL 798821

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)(1), FLORIDA STATUTES (1985), IS THE EMPLOYER
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Mahoney v. Sears, Roebuck & Co., 440 So. 2d 1285 (Fla. 1983).

Cited 6 times | Published | Supreme Court of Florida | 1983 Fla. LEXIS 2895

JJ., concur. ADKINS, J., dissents. NOTES [1] § 440.15(3)(a)1. provides: 1. In case of permanent impairment
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City of West Palm Beach Fire Dept. v. Norman, 711 So. 2d 628 (Fla. 1st DCA 1998).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 5868, 1998 WL 264434

the claimant's deemed earnings pursuant to section 440.15(4)(b), Florida Statutes. The order contains
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Wood v. McTyre Trucking Co., Inc., 526 So. 2d 739 (Fla. 1st DCA 1988).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1988 WL 55698

to wage-loss benefits had terminated under section 440.15(3)(b)3.a., Florida Statutes (1981). If a claimant
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Russell House Movers, Inc. v. Nolin, 210 So. 2d 859 (Fla. 1968).

Cited 6 times | Published | Supreme Court of Florida

02(19), F.S. and the other is contained in Section 440.15(5) (c). Section 440.02(19) provides in part:
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Escambia Cnty. Council v. Goldsmith, 465 So. 2d 655 (Fla. 1st DCA 1985).

Cited 6 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 787

v. Nolen, 147 So.2d 569 (Fla. 2d DCA 1962). Section 440.15(5)(a) states that: The fact that an employee
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Dept. of Labor & Emp. Sec. v. Vaughan, 411 So. 2d 294 (Fla. 1st DCA 1982).

Cited 6 times | Published | Florida 1st District Court of Appeal

Workers' Compensation Trust Fund pursuant to section 440.15(1)(e), Florida Statutes (1981). To partially
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Hall v. Recchi Am. Inc., 671 So. 2d 197 (Fla. 1st DCA 1996).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1996 WL 117024

...Thus, the limited statutory provision we invalidate today was itself at odds with a central premise of compensation law. Moreover, it directly contravenes the intent of our legislature recently set out in the 1993 revisions to the workers' compensation law: "[W]orkers' compensation cases shall be decided on their merits." § 440.015, Florida Statutes (1994 Supp.)....
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Feraci v. Grundy Marine Constr. Co., 315 F. Supp. 2d 1197 (N.D. Fla. 2004).

Cited 6 times | Published | District Court, N.D. Florida | 2004 U.S. Dist. LEXIS 5681, 2004 WL 895889

...The Florida legislature intended the statute to provide "quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." Fla. Stat. § 440.015 (2002)....
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Dade Fed. Sav. & Loan Ass'n v. Smith, 403 So. 2d 995 (Fla. 1st DCA 1981).

Cited 6 times | Published | Florida 1st District Court of Appeal

for the injury to her right knee, pursuant to § 440.15(3)(b), Florida Statutes; that this Court erred
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Wellcraft Marine Corp. v. Turner, 435 So. 2d 864 (Fla. 1st DCA 1983).

Cited 6 times | Published | Florida 1st District Court of Appeal

permanent physical impairment as required by Section 440.15(3)(b), Florida Statutes. The deputy, however
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Tallahassee Mem'l Reg. Med. Ctr. v. Snead, 400 So. 2d 1016 (Fla. 1st DCA 1981).

Cited 6 times | Published | Florida 1st District Court of Appeal

disability based on loss of wage earning capacity. Section 440.15(3)(a)(3) provides: In order to reduce litigation
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Rosier v. Roofing Sheet Metal Supply Co., 41 So. 2d 308 (Fla. 1949).

Cited 6 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 742

this question turns on the interpretation of Section 440.15(3)(u), F.S.A. The theory of the Workmen's Compensation
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Dade Am. Hosp. Supply v. Perez, 417 So. 2d 296 (Fla. 1st DCA 1982).

Cited 6 times | Published | Florida 1st District Court of Appeal

of Dr. Gilbert's rating was technical error. Section 440.15(3)(a)3, Florida Statutes (1979). However, this
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Thompson v. City of Jacksonville, 654 So. 2d 1178 (Fla. 1st DCA 1995).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 29, 1995 WL 1523

claimant's ability to perform appropriate employment. § 440.15(3)(b), Fla. Stat. Id. at 412. In the present case
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Arnold v. Florida's Blood Centers, Inc., 949 So. 2d 242 (Fla. 1st DCA 2007).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2007 WL 162148

she left her employment "without just cause." § 440.15(7), Fla. Stat. (2004) ("If the employee leaves
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Publix Supermarkets, Inc. v. Franklin, 467 So. 2d 1031 (Fla. 1st DCA 1985).

Cited 6 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 479

able to earn during temporary disability under § 440.15(4)(b), Florida Statutes, complies precisely with
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Publix Supermarket, Inc. v. Hart, 609 So. 2d 1342 (Fla. 1st DCA 1992).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 12324, 1992 WL 358122

employment status due to a compensable injury. § 440.15(3)(b)2, Fla. Stat.; Edwards v. Caulfield, 560
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Walgreen Co. v. Carver, 770 So. 2d 172 (Fla. 1st DCA 2000).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2000 WL 1224735

in section 440.02, Florida Statutes (1995). See § 440.15(1)(b), Fla. Stat. (1995). In the absence of one
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Dixon v. GAB Bus. Servs., Inc., 767 So. 2d 443 (Fla. 2000).

Cited 6 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 629, 2000 Fla. LEXIS 1736, 2000 WL 1206750

exceeded his $1,118 monthly AWW. Dixon argued that section 440.15(10), Florida Statutes (Supp.1994), prevents
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A. Duda & Sons, Inc. v. Kelley, 900 So. 2d 664 (Fla. 1st DCA 2005).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2005 WL 771369

"employee refuses employment" provisions of section 440.15(7), Florida Statutes (2001), when awarding
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Jackson v. Comput. Sci. Raytheon, 36 So. 3d 754 (Fla. 1st DCA 2010).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 5544, 2010 WL 1841948

not to exceed 20% of the bi-weekly benefits. See § 440.15(12), Fla. Stat. (2008). In essence, the statute
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Lavin v. Alton Box Bd. Co., 431 So. 2d 202 (Fla. 1st DCA 1983).

Cited 6 times | Published | Florida 1st District Court of Appeal

awarding catastrophic loss benefits pursuant to Section 440.15(2)(b), Florida Statutes (1979), because there
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Simmons v. City of Coral Gables, 186 So. 2d 493 (Fla. 1966).

Cited 6 times | Published | Supreme Court of Florida

provided in Florida Statutes § 440.02(19) and § 440.15(5) [F.S.A.], in his award for permanent partial
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City of Port Orange v. Sedacca, 953 So. 2d 727 (Fla. 1st DCA 2007).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 5196, 2007 WL 1047397

since permanent impairment benefits under section 440.15(3) do not require a claimant to establish disability
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Holiday Foliage v. Anderson, 642 So. 2d 94 (Fla. 1st DCA 1994).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1994 WL 478686

for that period is payable to his dependents. § 440.15(8), Fla. Stat. (1991). Accordingly, the order
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Par. v. Baptist Hosp., 512 So. 2d 1031 (Fla. 1st DCA 1987).

Cited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2128

for permanent benefits, since, pursuant to Section 440.15(5)(a), Florida Statutes, as between employers
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Greenberg v. Cardiology Surgical Ass'n, 855 So. 2d 234 (Fla. 1st DCA 2003).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2003 WL 22213554

...ll be applied, the method for determination, or by whom the determination is to be made. This obviously does not further the legislative goal of creating an "efficient and self-executing system ... which is not an economic or administrative burden." § 440.015, Fla....
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Meek v. Layne-W. Co., 624 So. 2d 345 (Fla. 1st DCA 1993).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1993 WL 347652

causing temporary disability and/or wage loss, section 440.15(5)(c) and (d), Florida Statutes, provides a
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Genelus v. Boran, Craig, Schreck Const. Co., 438 So. 2d 964 (Fla. 1st DCA 1983).

Cited 5 times | Published | Florida 1st District Court of Appeal

actually being earned by the employee... ." Section 440.15(3)(b), Florida Statutes (1981). The deputy
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Recon Paving, Inc. v. Cook, 439 So. 2d 1019 (Fla. 1st DCA 1983).

Cited 5 times | Published | Florida 1st District Court of Appeal

carrier is that chapter 82-237, Laws of Fla., section 440.15(3)(a)1, Fla. Stat. (1982 Supp.), unconstitutionally
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City of Vero Beach v. Thomas, 388 So. 2d 1374 (Fla. 1st DCA 1980).

Cited 5 times | Published | Florida 1st District Court of Appeal

average weekly wage for purposes of offset under Section 440.15(10)(a), Florida Statutes,[1] and that the same
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Mims & Thomas Mfg. Co. v. Ferguson, 340 So. 2d 920 (Fla. 1976).

Cited 5 times | Published | Supreme Court of Florida

respect to so-called "scheduled injuries" under Section 440.15(3), Florida Statutes (1975), that disability
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Morrison Merchandising Corp. v. Rambeau, 377 So. 2d 234 (Fla. 1st DCA 1979).

Cited 5 times | Published | Florida 1st District Court of Appeal

temporary benefits he might be entitled to under § 440.15(2)(b). The judge properly considered the psychological
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Lopez v. Nabisco Brands, Inc., 516 So. 2d 993 (Fla. 1st DCA 1987).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1987 WL 1895

search to recover wage loss benefits pursuant to section 440.15, Florida Statutes (1981), but an employee "is
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Thorkelson v. NY Pizza & Pasta Inc., 956 So. 2d 542 (Fla. 1st DCA 2007).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2007 WL 1459846

claims erred in disqualifying her, pursuant to section 440.15(4)(e), Florida Statutes (2004), based on the
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Great Atl. & Pac. Tea Co. v. Wood, 380 So. 2d 558 (Fla. 1st DCA 1980).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 16048

compensation order entered March 19, 1979, construing § 440.15(10)(a), Fla. Stat., to require exclusion of cost
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Lowe's Home Centers, Inc. & Sedgwick CMS v. Sandra K. Beekman, 187 So. 3d 318 (Fla. 1st DCA 2016).

Cited 5 times | Published | Florida 1st District Court of Appeal

...opinions; all other medical opinions expressed by the EMA carry the same weight as that of an independent medical examiner or an authorized treating physician. The Legislature has made it clear that cases are to be decided on their merits. See § 440.015, Fla....
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Temp. Labor Source v. EH, 765 So. 2d 757 (Fla. 1st DCA 2000).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2000 WL 728679

claimant suffered a catastrophic injury. Under section 440.15(1)(b), a claimant with a catastrophic injury
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Atkins Const. Co. v. Wilson, 509 So. 2d 1185 (Fla. 1st DCA 1987).

Cited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1562

any case, the deemed earnings provision of section 440.15(3)(b)2, Florida Statutes (1985), is not applicable
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St. Johns River Shipbuilding Co. v. Wells, 22 So. 2d 632 (Fla. 1945).

Cited 5 times | Published | Supreme Court of Florida | 156 Fla. 67, 1945 Fla. LEXIS 750

under the provisions of subsection (2) of Section 440.15 Florida Statutes of 1941, to compensation during
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Topeka Inn Mgmt. v. Pate, 414 So. 2d 1184 (Fla. 1st DCA 1982).

Cited 5 times | Published | Florida 1st District Court of Appeal

this appeal is governed by the provisions of Section 440.15(3)(b), Florida Statutes (1979). We affirm.
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Good Housekeeping Gas Co. v. Kitler, 492 So. 2d 700 (Fla. 1st DCA 1986).

Cited 5 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1496, 1986 Fla. App. LEXIS 8759

of the social security offset provision in section 440.15(9)(a), Florida Statutes (1985), thereby reducing
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Plantation Const. Co. v. Ayers, 385 So. 2d 1138 (Fla. 1st DCA 1980).

Cited 5 times | Published | Florida 1st District Court of Appeal

award. There was no scheduled injury under Section 440.15(3)(m) or (s), Florida Statutes, since there
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Home Depot v. Turner, 820 So. 2d 1075 (Fla. 1st DCA 2002).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2002 WL 1539554

that the standard for PTD is that set out in section 440.15(1)(b), Florida Statutes (1995): Only a catastrophic
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Clay Hyder Trucking v. Persinger, 416 So. 2d 900 (Fla. 1st DCA 1982).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20508

workers' compensation order, contesting the award of § 440.15(3)(b), wage-loss benefits. We conclude that the
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Bolinger v. Div. Of Retire., St. Dept. of Admin., 335 So. 2d 568 (Fla. 1st DCA 1976).

Cited 5 times | Published | Florida 1st District Court of Appeal

later by ch. 73-127, § 2, Fla.Laws. But compare § 440.15(10), F.S. 1975, which reduces workmen's compensation
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Frank's Fine Meats v. Sherman, 443 So. 2d 1055 (Fla. 1st DCA 1984).

Cited 5 times | Published | Florida 1st District Court of Appeal

supported by competent substantial evidence. Section 440.15(1)(b), *1056 Fla. Stat. (1979), in effect at
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Chancey v. Florida Pub. Utils., 426 So. 2d 1140 (Fla. 1st DCA 1983).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18597

his average weekly wages as required under Section 440.15(2), Florida Statutes (1979). The additional
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Pearson v. Paradise Ford, 951 So. 2d 12 (Fla. 1st DCA 2007).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2007 WL 305727

responsible for payment of these benefits. See § 440.15(5)(a), Fla. Stat. (1999) ("Compensation for temporary
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Boynton Landscape v. Dickinson, 752 So. 2d 1236 (Fla. 1st DCA 2000).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2000 WL 220389

...for the offset taken. It would also encourage meritless claims. Finally, it would be contrary to the legislature's expressed intent to create "an efficient and self-executing system" that "ensur[es] a prompt and cost-effective delivery of payments." § 440.015, Fla....
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Arnold Lumber Co. v. Harris, 503 So. 2d 925 (Fla. 1st DCA 1987).

Cited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 532

benefits payable for certain impairments under section 440.15(3), Florida Statutes. Since the claimant in
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Lister v. Walker, 409 So. 2d 1153 (Fla. 1st DCA 1982).

Cited 5 times | Published | Florida 1st District Court of Appeal

contending they are entitled to an offset under § 440.15(1)(d), Fla. Stat. (1975), from March 15, 1976
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Van Eyk v. RN Hicks Const. Co., 377 So. 2d 793 (Fla. 1st DCA 1979).

Cited 5 times | Published | Florida 1st District Court of Appeal

for catastrophic loss benefits pursuant to Section 440.15(2)(c), Florida Statutes (1977). We reverse
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Gcc Beverages v. Simmons, 571 So. 2d 59 (Fla. 1st DCA 1990).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1990 WL 197930

is sufficient to meet the burden imposed by section 440.15(3)(b)2, Florida Statutes (1987), as delineated
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DL Amici Co. v. Jackson, 444 So. 2d 978 (Fla. 1st DCA 1983).

Cited 5 times | Published | Florida 1st District Court of Appeal

conditions. 422 So.2d at 879. Regency Inn interpreted § 440.15(3)(b)2., Fla. Stat. (1979), which specifically
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Ardmore Farms v. Smith, 423 So. 2d 1039 (Fla. 1st DCA 1982).

Cited 5 times | Published | Florida 1st District Court of Appeal

disability or supplemental compensation prescribed by § 440.15(1)(e), Fla. Stat. shall cease until such time
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Lerman v. Broward Cty. Bd. of Com'rs, 555 So. 2d 419 (Fla. 1st DCA 1989).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1989 WL 153628

do even light work on an uninterrupted basis. § 440.15(1)(b), Fla. Stat. (1985); Carson v. Gaineswood
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John v. GDG Servs., Inc., 424 So. 2d 114 (Fla. 1st DCA 1982).

Cited 5 times | Published | Florida 1st District Court of Appeal

impairment for the loss of sight in one eye under Section 440.15(3)(a), Fla. Stat. (Supp. 1980). Appellant raises
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Quality Petroleum Corp. v. Mihm, 424 So. 2d 112 (Fla. 1st DCA 1982).

Cited 5 times | Published | Florida 1st District Court of Appeal

disability was not determined in conformity with section 440.15(3), Fla. Stat., and that the finding was otherwise
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Crawford & Co. v. Apfel, 235 F.3d 1298 (11th Cir. 2000).

Cited 5 times | Published | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 31829

total disability be awarded." Fla. Stats. § 440.15(b)(1994)(em-phasis added). Turning to §
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Alexander v. Peoples Ice Co., 85 So. 2d 846 (Fla. 1955).

Cited 5 times | Published | Supreme Court of Florida

employment. Hence this application for review. Section 440.15, subsection (1) (b) provides that a loss of
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Marvin v. Rewis Roofing, 553 So. 2d 314 (Fla. 1st DCA 1989).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1989 WL 145749

the 5% supplemental benefit as provided by Section 440.15(1)(e)1, Florida Statutes (1985). In September
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Pendergrass v. RD Michaels, Inc., 936 So. 2d 684 (Fla. 4th DCA 2006).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2006 WL 2135841

...ployees for work-related injuries and is intended to provide a "quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." § 440.015, Fla....
...e on the one hand or of the employer on the other hand, and the laws pertaining to workers' compensation are to be construed in accordance with the basic principles of statutory construction and not liberally in favor of either employee or employer. § 440.015, Fla....
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Racz v. Chennault, Inc., 418 So. 2d 413 (Fla. 1st DCA 1982).

Cited 5 times | Published | Florida 1st District Court of Appeal

the Evaluation of Permanent Impairment. See Section 440.15(3)(a)(3), Florida Statutes. We agree and reverse
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Fawaz v. Florida Polymers, 622 So. 2d 492 (Fla. 1st DCA 1993).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1993 WL 255549

defense and the misrepresentation provision of Section 440.15(5)(a), Florida Statutes (Supp. 1990), to deny
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Acker v. City of Clearwater, 755 So. 2d 651 (Fla. 1st DCA 1998).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1998 WL 476168

disability supplemental benefits, pursuant to section 440.15(1)(e)(1), Florida Statutes (1985). Claimant
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Orange Cnty. MIS Dept. v. HAK., 710 So. 2d 998 (Fla. 1st DCA 1998).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1998 WL 187438

...aken alone. In short, we conclude that the JCC's finding of major contributing cause is not supported by competent, substantial evidence. REVERSED and REMANDED for proceedings consistent with this opinion. BENTON AND PADOVANO, JJ., concur. NOTES [1] Section 440.015, Florida Statutes (1994 Supp.), provides in pertinent part: "Legislative intent.-......
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Loprinzo v. Mald Corp., 429 So. 2d 1363 (Fla. 1st DCA 1983).

Cited 5 times | Published | Florida 1st District Court of Appeal

evidences a "wage-earning capacity," under Section 440.15(3)(u), Florida Statutes (1978 Supp.), so as
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Grafton v. Sacred Heart Hosp., 504 So. 2d 537 (Fla. 1st DCA 1987).

Cited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 891, 1987 Fla. App. LEXIS 7418

(Fla. 1st DCA 1983), in which we observed that Section 440.15(1)(b), Florida Statutes, generally places the
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Winn Dixie v. Resnikoff, 659 So. 2d 1297 (Fla. 1st DCA 1995).

Cited 4 times | Published | Florida 1st District Court of Appeal | 20 Fla. L. Weekly Fed. D 2070

week limitation on wage loss eligibility under section 440.15(3)(b)4.d.(III), Florida Statutes (1991), should
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Carpenters RV Serv. v. Eckert, 455 So. 2d 590 (Fla. 1st DCA 1984).

Cited 4 times | Published | Florida 1st District Court of Appeal

E/C's contentions[2]unless the 1983 amendment to § 440.15(3)(b)2 indicates that a different result should
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Arizona Chem. Corp. v. Hanlon, 605 So. 2d 938 (Fla. 1st DCA 1992).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1992 WL 235292

Williams, 522 So.2d 909 (Fla. 1st DCA 1988) (citing § 440.15(1)(b), Florida Statutes (1985); Ronald Allen Trucking
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Dental Arts Lab, Inc. v. Costantino, 531 So. 2d 999 (Fla. 1st DCA 1988).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1988 WL 95691

were not entitled to the statutory offset of section 440.15(3)(b)4, Florida Statutes,[1] benefits during
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Schafrath v. Marco Bay Resort, Ltd., 608 So. 2d 97 (Fla. 1st DCA 1992).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1992 WL 312759

...Whatever the reasons, the claimant has failed to meet her burden of proof in this case. With the repeal of Section 440.26, Florida Statutes, which provided for the presumptions in favor of claimants in workers compensation cases, and with the enactment of Section 440.015, Florida Statutes, which abolished the concept of liberal construction in favor of claimants, a claimant must establish a prima facie case based on a preponderance of competent, substantial evidence in order to establish causal relationship....
...ating their meaning. In any event, they continue, the statutory amendments are procedural only and can be given retroactive effect as done in the order. We need not decide in this case whether the repeal of section 440.26(1) [1] and the enactment of section 440.015 [2] *102 should be given retroactive effect....
...nts. In view of this explicit ruling, we cannot treat as harmless the judge of compensation claims's application of the higher burden of proof rule. While the judge of compensation claims cited the repeal of subsection 440.26(1) and the enactment of section 440.015 as authority for modifying the established burden in workers' compensation cases and applying the greater burden of proof, neither of these statutory provisions speaks in terms of burden of proof, and neither explicitly alters or modi...
...This subsection merely creates an evidentiary presumption that, in an appropriate case, could assist a claimant in proving that the injury occurred in the course of employment; it has nothing to do with defining the overall burden of proof on a claimant. Section 440.015 likewise contains no explicit mention of the burden of proof (see note 2)....
...ion claims from giving a "benefit of the doubt" to either the claimant or the employer when drawing inferences from predicate facts, a practice heretofore condemned by this court in Uniweld Products, Inc. v. Lopez, 511 So.2d 758 (Fla. 1st DCA 1987). Section 440.015 is lacking the kind of explicit language necessary to alter, modify, or repeal the established burden of proof rule applied in workers' compensation cases in this state for more than 30 years; thus, we are constrained by accepted prin...
...he vast majority of cases by placing on the employer and carrier the burden to "assure the quick and efficient delivery of disability and medical benefits to an injured worker at a reasonable cost to the employer," to quote from the recently enacted section 440.015....
...l court proceedings would quickly change the workers' compensation scheme to a purely adversarial system and effectively scuttle the self-executing nature of the system. These additional considerations likewise support rejection of the argument that section 440.015 changed the burden of proof in workers' compensation cases....
...(2) That sufficient notice of such claim has been given. (3) That the injury was not occasioned by the willful intention of the injured employee to injure or kill himself or another. Subsection 440.26(1) was repealed effective June 26, 1990, by chapter 90-201, section 26, Laws of Florida. [2] Section 440.015, Florida Statutes (Supp. 1990), provides: 440.015 Legislative intent....
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Jimmy Lang's Auto Serv. v. Proctor, 667 So. 2d 334 (Fla. 1st DCA 1995).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1995 WL 619881

...[3] It is the purpose of this state's workers' compensation law "to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." Fla. Stat. § 440.015 (Supp....
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State, Div. Of Workers'Comp. v. Hooks, 515 So. 2d 294 (Fla. 1st DCA 1987).

Cited 4 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2459

percent of average weekly wage established in section 440.15(10), Florida Statutes (Supp. 1978)[1] Agreeing
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City of Miami v. Simpson, 496 So. 2d 899 (Fla. 1st DCA 1986).

Cited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2227

claimant met the initial burden required in Section 440.15(3), Florida Statutes (1979), of establishing
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Ralston Purina Co. v. Byers, 457 So. 2d 1138 (Fla. 1st DCA 1984).

Cited 4 times | Published | Florida 1st District Court of Appeal

appeal the deputy commissioner's holding that Section 440.15(3)(b)4, Florida Statutes, as amended in 1983
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Nealy v. City of West Palm Beach, 442 So. 2d 273 (Fla. 1st DCA 1983).

Cited 4 times | Published | Florida 1st District Court of Appeal

applied the formula under the 1979 version of Section 440.15(4)(a), Florida Statutes. Instead, as appellees
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Hillsborough Cmty. Coll. v. Miller, 440 So. 2d 26 (Fla. 1st DCA 1983).

Cited 4 times | Published | Florida 1st District Court of Appeal

permanently totally disabled" within the meaning of section 440.15(1)(a), Fla. Stat. (Supp. 1980). Subsection
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Hyatt v. Larson Dairy, Inc., 589 So. 2d 367 (Fla. 1st DCA 1991).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 231708

weekly social security benefit ........ $ 45.59 § 440.15(1)(e) supplemental benefit ..................
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Dep't of Child. & Fam. v. Monroe, 744 So. 2d 1163 (Fla. 1st DCA 1999).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1999 WL 982959

number of years from the date of the accident. See § 440.15(1), Fla. Stat. (1987). At the time of the accident
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Dept. of Labor & Emp. Sec. v. Bradley, 636 So. 2d 802 (Fla. 1st DCA 1994).

Cited 4 times | Published | Florida 1st District Court of Appeal

...We disagree. Resolution of the first issue requires consideration of the agency's rulemaking authority, and the principles governing the exercise of that authority. Legislative intent with respect to the workers' compensation law at issue here is set forth in section 440.015, Florida Statutes [3] , which states in relevant part: It is the intent of the Legislature that the Workers' Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker at a reasonable cost to the employer......
...6(1)(e) would preclude payment to the primary care physician for physical medicine services. To the extent that the rule proscribes payment to two health care providers for the same service, it is reasonably related to the cost containment intent of section 440.015, and is neither arbitrary nor capricious....
...e record. In addition, the order misconstrues the effect of the proposed rules. We conclude the Division's interpretation of its proposed rules is a permissible construction that comports with, and effectuates, clearly-stated legislative intent. See § 440.015, Fla....
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Coca-Cola Enter., Inc. v. Montiel, 985 So. 2d 19 (Fla. 2d DCA 2008).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2038790

...w. The workers' compensation statute assures prompt and efficient delivery of benefits to an injured worker so as to facilitate his or her return to gainful reemployment. See Tractor Supply Co. v. Kent, 966 So.2d 978, 982 (Fla. 5th DCA 2007) (citing § 440.015)....
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Church's Fried Chicken v. Maloney, 599 So. 2d 706 (Fla. 1st DCA 1992).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1992 WL 98787

but is an award of wage loss benefits under section 440.15(3)(b), payable after claimant has reached MMI
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Robbins v. Rophie Shoes, Inc., 413 So. 2d 839 (Fla. 1st DCA 1982).

Cited 4 times | Published | Florida 1st District Court of Appeal

compensation order dismissing her claim because Section 440.15(3)(b)3d, Florida Statutes (1981), bars the
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Buena Vista Palace v. Lopez, 557 So. 2d 948 (Fla. 1st DCA 1990).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 1611, 1990 WL 25950

claimant's testimony and his observation of her. Section 440.15(1)(b), Fla. Stat.,[1] requires that "the determination
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James W. Windham Builders, Inc. v. Overloop, 951 So. 2d 40 (Fla. 1st DCA 2007).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 3270, 2007 WL 649340

...Although E/C argues that the applicable version of section 440.13(2)(b), Florida Statutes (2004), has precluded the duty to investigate attendant care until a written prescription is received, we find this reasoning unfounded. In fact, to suggest otherwise would violate section 440.015, Florida Statutes (2004), where the legislature states its intent that workers' compensation law "be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker." Here, E/C advi...
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Ronald Allen Trucking Co. v. Helton, 449 So. 2d 874 (Fla. 1st DCA 1984).

Cited 4 times | Published | Florida 1st District Court of Appeal

which were brought about by the 1979 amendments to § 440.15(1), Fla. Stat. The award of PTD benefits is reversed
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Storage Tech. Corp. v. Philbrook, 448 So. 2d 42 (Fla. 1st DCA 1984).

Cited 4 times | Published | Florida 1st District Court of Appeal

constitute a voluntary limitation of income under § 440.15(4)(b), Florida Statutes, see Paul Lawhon Plumbing
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Bradley v. Hurricane Restaurant, 670 So. 2d 162 (Fla. 1st DCA 1996).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 127867

emergency conference. The claimant argues that section 440.15(3)(a)3, Florida Statutes (1994), is unconstitutional
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Xerographics & Claims Ctr. v. Bender, 558 So. 2d 514 (Fla. 1st DCA 1990).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 1903, 1990 WL 32445

commensurate compensation based on actual wage loss. § 440.15(4)(a), Fla. Stat.[1] In the present case, the
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Wright v. Golf Drive Residence, Inc., 412 So. 2d 884 (Fla. 1st DCA 1982).

Cited 4 times | Published | Florida 1st District Court of Appeal

contains no findings as to the application of Section 440.15(5)(c). Specifically, the order does not address
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Alachua Cnty. Adult Det. Ctr. v. Alford, 727 So. 2d 388 (Fla. 1st DCA 1999).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1999 WL 122918

apply for social security disability benefits. See § 440.15(1)(f)2.b., Fla. Stat. (1995); Ace Disposal v.
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Butch's Concrete v. Henderson, 414 So. 2d 652 (Fla. 1st DCA 1982).

Cited 4 times | Published | Florida 1st District Court of Appeal

clearly set out the purpose of the amendments. Section 440.15(3)(a)3., Fla. Stat. (1979) states: In order
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City of Hialeah v. Jimenez, 527 So. 2d 936 (Fla. 1st DCA 1988).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1988 WL 67274

an award of wage loss benefits pursuant to section 440.15(3)(b), Florida Statutes, the deputy utilized
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Austen Const. Mgmt. Corp. v. Waters, 508 So. 2d 763 (Fla. 1st DCA 1987).

Cited 4 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1482

subject to the deemed earnings provisions in section 440.15(4)(b). A valid job search is not an absolute
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City of Miami v. Thomas, 657 So. 2d 927 (Fla. 1st DCA 1995).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 7287, 1995 WL 387176

...ng that the term "hypertension," as used in section 112.18, was meant to include "any kind of hypertension," i.e., hypertensive conditions other than arterial or cardiovascular hypertension. We reject the City's contention that the 1990 enactment of section 440.015 repealed section 112.18 by implication, to the extent that it has been construed to extend to chapter 440 proceedings....
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Cruise Quality Painting v. Paige, 564 So. 2d 1190 (Fla. 1st DCA 1990).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 102727

employer/carrier's liability to the claimant pursuant to section 440.15(5)(a) for temporary disability and medical
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Waldorf v. Jefferson Cnty. Sch. Bd., 622 So. 2d 515 (Fla. 1st DCA 1993).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1993 WL 274215

injured." (Emphasis added.) (Footnote omitted.) Section 440.15(3)(b)(1), Florida Statutes (Supp. 1990), pertaining
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Kyle v. Davis, 435 So. 2d 918 (Fla. 1st DCA 1983).

Cited 4 times | Published | Florida 1st District Court of Appeal

claimant has voluntarily limited his income. Section 440.15, Florida Statutes, Harper Plumbing and Heating
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Pan Am. Bank v. Glinski, 584 So. 2d 52 (Fla. 1st DCA 1991).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 7061, 1991 WL 133558

statute authorizing social security offsets, section 440.15(9)(a), keys such offsets to "weekly" benefits
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King v. Lord Colony Enter., 400 So. 2d 856 (Fla. 1st DCA 1981).

Cited 4 times | Published | Florida 1st District Court of Appeal

entire digit under the schedule, or 30 weeks. Section 440.15(3)(n), Florida Statutes (Supp. 1978); Fernandez
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Harrell v. Fla. Const. specialists/aarla/agent for Fwciga, 834 So. 2d 352 (Fla. 1st DCA 2003).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2003 WL 56991

appellants also challenge the constitutionality of section 440.15(1)(e)1., Florida Statutes (1991) and 440.15(1)(f)1
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Albertson's Inc. v. Natale, 555 So. 2d 946 (Fla. 1st DCA 1990).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 3651

*949 appellee voluntarily limited his income. Section 440.15(4)(b), Florida Statutes (1985) states in part:
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Hyatt Regency Westshore v. Robinson, 629 So. 2d 1088 (Fla. 1st DCA 1994).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1994 WL 5313

wage-loss benefits accordingly, pursuant to section 440.15(3)(b)2., Florida Statutes (Supp. 1990). The
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Walker v. City of Tampa, 520 So. 2d 66 (Fla. 1st DCA 1988).

Cited 4 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 357, 1988 Fla. App. LEXIS 513, 1988 WL 8396

benefits. The claim was denied on the basis of section 440.15(9), Florida Statutes (Supp. 1974), which states
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E. Indus., Inc. v. Burnham, 750 So. 2d 748 (Fla. 1st DCA 2000).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2000 WL 126351

this argument, the employer/carrier note that section 440.15(1)(a) suggests that PTD status must be "adjudged
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Burger King corp./cigna Ins. v. Moreno, 689 So. 2d 288 (Fla. 1st DCA 1997).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1997 WL 37896

Compensation Claims (JCC) applied the literal terms of section 440.15(1)(e)1., Florida Statutes (1991), and held
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Acosta v. Kraco, Inc., 426 So. 2d 1120 (Fla. 1st DCA 1983).

Cited 4 times | Published | Florida 1st District Court of Appeal

than 65 years old. The claimant contends that § 440.15(3)(b)3.d., Fla. Stat. (1979), requiring the termination
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Modern Plating Co. v. Whitton, 394 So. 2d 515 (Fla. 1st DCA 1981).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 19559

entitled to an offset under the provisions of § 440.15(10)(a), Fla. Stat., based on the total social
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Metro. Title & Guar. Co. v. Muniz, 806 So. 2d 637 (Fla. 1st DCA 2002).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 205827

as a matter of law, and concluded that under section 440.15(1)(b), Florida Statutes (Supp.1994), in the
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Structural Sys., Inc. v. Worthen, 463 So. 2d 502 (Fla. 1st DCA 1985).

Cited 4 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 374, 1985 Fla. App. LEXIS 12321

substantial amendment to § 440.15(5), Fla. Stat. Prior to the 1979 amendment, § 440.15(5) provided: (5) SUBSEQUENT
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Leffler v. Grand Union Co., 409 So. 2d 1145 (Fla. 1st DCA 1982).

Cited 4 times | Published | Florida 1st District Court of Appeal

finding, in turn, triggers the provisions of Section 440.15(3)(b)(2), Florida Statutes (1979): The amount
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Hg Boddiford Painting Cons., Inc. v. Boddiford, 426 So. 2d 1243 (Fla. 1st DCA 1983).

Cited 4 times | Published | Florida 1st District Court of Appeal

wages from the corporation, as contemplated by Section 440.15(1)(d), which were equal to his wages before
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Strohm v. Hertz Corp., 685 So. 2d 37 (Fla. 1st DCA 1996).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 708615

replaced permanent partial disability benefits in section 440.15(3) with permanent impairment and wage-loss
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Iverson v. Holy Cross Hosp., 498 So. 2d 620 (Fla. 1st DCA 1986).

Cited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2548

claimant has met the burden of proof imposed by section 440.15(3)(b)(2), Florida Statutes. Rumph expressly
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Amorin v. Gordon, 996 So. 2d 913 (Fla. 4th DCA 2008).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2008 WL 5070342

...ction sites of their common law right to sue unrelated entities without providing some alternative remedy as a quid pro quo. In relying on a line of cases decided prior to the 2004 amendment to section 440.10, Gordon emphasizes what is enumerated in section 440.015 as the legislative intent behind the workers' compensation system: "The workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." § 440.015, Fla....
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Santiago v. Orr Indus., Inc., 407 So. 2d 1026 (Fla. 1st DCA 1981).

Cited 4 times | Published | Florida 1st District Court of Appeal

entitled to catastrophic loss benefits under Section 440.15(2)(c), Florida Statutes (1977), and, if so
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Fardella v. Genesis Health, Inc., 917 So. 2d 276 (Fla. 1st DCA 2005).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2005 WL 3454061

voluntarily limited her income for such period under section 440.15(4)(b), Florida Statutes, because the legislature
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Chase v. Walgreen Co., 750 So. 2d 93 (Fla. 5th DCA 1999).

Cited 4 times | Published | Florida 5th District Court of Appeal | 1999 WL 1206720

...pay the difference between jury pay and her salary, fined the employer $250.00, and enjoined any deprivation of seniority or managerial benefits. Id. at 1056-57. The public policy of Florida expressed by the legislature favors appellant's position. Section 440.015, Florida Statutes (1997), entitled "Legislative Intent," provides in pertinent part that: "The worker's compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike." Because of the renunciation of rights against the employer, "it is the intent of the Legislature to ensure the prompt delivery of benefits to the injured worker." § 440.015, Fla....
...Orkin Exterminating Company, 692 So.2d at 259. Based on the case law and reasoning of the Florida Supreme Court and the Third District in Scott, Smith, and Montes de Oca, I would affirm the trial court. Furthermore, there is no indication whatsoever in section 440.015 that the legislature intended for the circuit courts of this state to regulate the ongoing employment relationship between an employer and employee....
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Peck v. Palm Beach Cty. Bd. of Cty. Comm'rs, 442 So. 2d 1050 (Fla. 1st DCA 1983).

Cited 4 times | Published | Florida 1st District Court of Appeal

impairment to the AMA Guides, as provided by Section 440.15(3)(a)3, is consistent with the court's opinions
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Borden, Inc. v. Butler, 377 So. 2d 795 (Fla. 1st DCA 1979).

Cited 4 times | Published | Florida 1st District Court of Appeal

was not properly raised at the hearing level. Section 440.15(11), Florida Statutes (1977), provides that
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Dep't of Transp. v. Montero, 568 So. 2d 65 (Fla. 1st DCA 1990).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 110287

and the resulting wage loss, as required by section 440.15(4), Florida Statutes. Cf., City of Clermont
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Grand Bay Hotel v. Guerra, 605 So. 2d 134 (Fla. 1st DCA 1992).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1992 WL 206380

dispute between the carrier and employee pursuant to § 440.15(5), Fla. Stat., and, therefore, the court held
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Harper Plumbing & Heating v. Boyd, 418 So. 2d 396 (Fla. 1st DCA 1982).

Cited 4 times | Published | Florida 1st District Court of Appeal

not voluntarily limit his income pursuant to Section 440.15(4)(b), Florida Statutes, is not supported by
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US Fid. & Guar. Ass'n v. Kemp, 658 So. 2d 1212 (Fla. 1st DCA 1995).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1995 WL 478265

and thus is below the standard set forth in section 440.15(1)(b), Florida Statutes (1986), requiring the
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Monroe v. PUBLIX 148, 790 So. 2d 1249 (Fla. 1st DCA 2001).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2001 WL 905525

information] and for compliance by the employee." § 440.15(10)(c), Fla. Stat. (1997) ("The employee shall
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Benniefield v. City of Lakeland, 109 So. 3d 1288 (Fla. 1st DCA 2013).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2013 Fla. App. LEXIS 5602, 2013 WL 1395710

...eal time, PTD benefits can be awarded thereafter, even if claimant later became candidate for remedial surgery to restore claimant’s ability to work). This is so because workers’ compensation benefits, by design, are to be paid in real time. See § 440.015, Fla....
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Leticia Morales v. Zenith Ins. Co., 714 F.3d 1220 (11th Cir. 2013).

Cited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 1501654, 2013 U.S. App. LEXIS 7469

...We then state the certified questions. A. Florida’s Workers’ Compensation Act The right of an injured employee to recover from his employer for an injury sustained in the course of his employment is governed by Florida’s Workers’ Compensation Act. See Fla. Stat. § 440.015....
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Kennedy v. Tyson, 382 So. 2d 820 (Fla. 1st DCA 1980).

Cited 4 times | Published | Florida 1st District Court of Appeal

schedule set forth in F.S. 440.15(3)(b) in spite of the clear language of F.S. 440.15(3)(s) and the holding
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Marbury v. Holiday Inn, 660 So. 2d 799 (Fla. 1st DCA 1995).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 9932, 1995 WL 557554

DCA 1992). In these cases, we held that under section 440.15(3)(b)2., Florida Statutes (1990 Supp.), a claimant's
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Fla. Sheriffs Youth Fund v. Harrell, 438 So. 2d 450 (Fla. 1st DCA 1983).

Cited 3 times | Published | Florida 1st District Court of Appeal

Impairment (AMA Guides) under the provisions of Section 440.15(3)(a)3, Florida Statutes (1981), and there
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Iley v. Linzey, 531 So. 2d 1361 (Fla. 1st DCA 1988).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1988 WL 95880

earnings of $20 per week. In determining AWW under section 440.15(5)(b)(1), the deputy commissioner included
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Wal-Mart Stores, Inc. v. Lopez, 742 So. 2d 301 (Fla. 1st DCA 1998).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 689678

weeks allowed by section 440.15(2)(a), Florida Statutes (Supp.1994) and section 440.15(4)(b), Florida Statutes
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Bolanos v. Workforce All., 23 So. 3d 171 (Fla. 1st DCA 2009).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 15999, 2009 WL 3430175

...ment") and § 760.01(2), Fla. Stat. (2006) (stating the legislative intent is "to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status") with § 440.015, Fla....
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Florida Ins. Guar. Ass'n v. Renfroe, 568 So. 2d 962 (Fla. 1st DCA 1990).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1990 WL 146902

payment of the 5% supplement provided for in section 440.15(1)(e)(1), Florida Statutes (1987), would begin
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City of Ocoee v. Trimble, 929 So. 2d 687 (Fla. 1st DCA 2006).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 7984, 2006 WL 1373237

...Here, the JCC's conclusion as to the consequences of waiver would have far reaching negative implications. A couple of examples illustrate. First, there would be an adverse impact on the Legislative intent that the workers' compensation system be efficient and self-executing, and not an economic or administrative burden. See § 440.015, Fla....
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City of Miami v. Wright, 414 So. 2d 24 (Fla. 1st DCA 1982).

Cited 3 times | Published | Florida 1st District Court of Appeal

compensable catastrophic injury, as defined by Section 440.15(2)(b), Florida Statutes (1979), occurred. In
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At& T WIRELESS v. Frazier, 871 So. 2d 939 (Fla. 1st DCA 2004).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 609298

...And see Broward Children's Center, Inc. v. Hall 859 So.2d 623 (Fla. 1st DCA 2003); Siemens Information & Communications Network v. Collins, 854 So.2d 271 (Fla. 1st DCA 2003). We read section 440.13(9) as consistent with the legislative intent expressed in section 440.015, that chapter 440 be interpreted "so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful employment." In Cabrera, we rejected the argum...
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Americana Dutch Hotel v. McWilliams, 733 So. 2d 536 (Fla. 1st DCA 1999).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1999 WL 105213

at the claimant's AWW, as argued by the E/C, section 440.15(1)(e)1., Florida Statutes (1985), specifically
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Oak Crest Enter., Inc. v. Ford, 411 So. 2d 927 (Fla. 1st DCA 1982).

Cited 3 times | Published | Florida 1st District Court of Appeal

function. The law applicable to this case is Section 440.15(3)(b), Florida Statutes (1979): (b) Wage-Loss
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Newman Heating & Boiler Repair, Inc. v. Newman, 418 So. 2d 1008 (Fla. 1st DCA 1982).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19518

disability is total rather than partial so that § 440.15(3), Fla. Stat., governing PPD, does not apply
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Sharp Const. Co., Inc. v. Perez, 429 So. 2d 367 (Fla. 1st DCA 1983).

Cited 3 times | Published | Florida 1st District Court of Appeal

appellee has voluntarily limited his employment. Section 440.15(3)(b)2 provides that if an employee voluntarily
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Guzman v. Surge Elec., Inc., 381 So. 2d 287 (Fla. 1st DCA 1980).

Cited 3 times | Published | Florida 1st District Court of Appeal

based on diminution of wage-earning capacity. § 440.15(3)(u), Florida Statutes (1977). The order is hereby
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O'NEIL v. Dep't of Transp., 442 So. 2d 961 (Fla. 1st DCA 1983).

Cited 3 times | Published | Florida 1st District Court of Appeal

(Fla. 1st DCA 1983). That question is whether section 440.15(3)(b)3.d., Florida Statutes (1979), which terminates
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Special Disability Trust Fund v. Fleet Transp. Co., 283 So. 2d 31 (Fla. 1973).

Cited 3 times | Published | Supreme Court of Florida | 1973 Fla. LEXIS 4358

controlling since the apportionment statute (Fla. Stat. § 440,15(5)(c), F.S.A.) has been substantially altered
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RE Dailey Co. v. Dorman, 509 So. 2d 377 (Fla. 1st DCA 1987).

Cited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1599, 1987 Fla. App. LEXIS 9106

the court noted that Section 440.15(9), Florida Statutes (1983) [now Section 440.15(8), Florida Statutes]
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Gauthier v. Florida Int'l Univ., 38 So. 3d 221 (Fla. 1st DCA 2010).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 8975, 2010 WL 2484451

...1st DCA 1996) (citing Turner v. Rinker Materials, 622 So.2d 80, 84 (Fla. 1st DCA 1993)); see also Barnes v. PCH Walter T. Parker, 464 So.2d 1298, 1299 (Fla. 1st DCA 1985) (describing Act as "quintessentially an employer-carrier monitored system"). Although section 440.015, Florida Statutes (2005), emphasizes the Legislature's intent that the law not be "liberally construed in favor of the employee," that section nonetheless confirms that the system is to be "efficient" to the extent that it "ensure[s]...
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Trilla v. Braman Cadillac, 527 So. 2d 873 (Fla. 1st DCA 1988).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1988 WL 62145

order approving a reduction of benefits under section 440.15(9), Florida Statutes (1982), based upon 80
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Barry v. Burdines, 675 So. 2d 587 (Fla. 1996).

Cited 3 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 247, 5 Am. Disabilities Cas. (BNA) 1184, 1996 Fla. LEXIS 973, 1996 WL 316130

...Duke Power Co., 401 U.S. 424, 430, 91 S.Ct. 849, 853, 28 L.Ed.2d 158 (1971). The FWCA, on the other hand, was created to provide an injured employee with an efficient delivery of disability and medical benefits at a reasonable cost to the employer. See § 440.015, Fla.Stat....
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A & J Tie Beam Serv. v. Kendle, 511 So. 2d 653 (Fla. 1st DCA 1987).

Cited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1831

Howard, 508 So.2d 466 (Fla. 1st DCA 1987), section 440.15(2)(b), Florida Statutes, expressly provides
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McCarthy v. Bay Area Signs, 639 So. 2d 1114 (Fla. 1st DCA 1994).

Cited 3 times | Published | Florida 1st District Court of Appeal | 19 Fla. L. Weekly Fed. D 1600

employer and the employer's carrier invoke section 440.15(3)(b)5, Florida Statutes (1991), which provides
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South Florida Water Dist. v. Ciacci, 647 So. 2d 203 (Fla. 1st DCA 1994).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1994 WL 372961

for a work search under the 1990 version of section 440.15, Florida Statutes, when claimant was injured
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Mathis v. Kelly Constr. Co., 417 So. 2d 740 (Fla. 1st DCA 1982).

Cited 3 times | Published | Florida 1st District Court of Appeal

argues that Section 440.15(3)(a)3, Florida Statutes (1979), as implemented by Section 440.15(3)(b)1, denies
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GAB Bus. Servs., Inc. v. Dixon, 739 So. 2d 637 (Fla. 1st DCA 1999).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 9507, 1999 WL 496244

social security disability offset authorized in section 440.15(10), Florida Statutes (Supp.1994), and the
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Bright v. City of Tampa, 546 So. 2d 1122 (Fla. 1st DCA 1989).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1989 WL 77491

applied the "deemed earnings" provision of section 440.15(3)(b)2, Florida Statutes (1981), in calculating
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Monroe Furniture Co. v. Bonner, 509 So. 2d 1264 (Fla. 1st DCA 1987).

Cited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1674

the deputy commissioner (dc), arguing that Section 440.15(3)(b)3.a., Florida Statutes (1986), statutorily
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Hensley v. Punta Gorda, 686 So. 2d 724 (Fla. 1st DCA 1997).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1997 WL 7289

...The Florida Workers' Compensation Law is intended "to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the workers' return to gainful reemployment at a reasonable cost to the employer." § 440.015, Fla.Stat....
...e interest, the restriction is valid. Winn-Dixie v. Resnikoff, 659 So.2d 1297, 1299 (Fla. 1st DCA 1995). In crafting an overall plan of workers' compensation, the Florida Legislature has apparently decided, in order to implement the stated intent of section 440.015, that some exclusions from coverage are necessary....
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Santos v. K-MART, 629 So. 2d 1071 (Fla. 1st DCA 1994).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1994 WL 1896

appropriateness of any amount taken, in accordance with section 440.15(9), Florida Statutes. REVERSED and REMANDED
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Shipp v. State Workers'comp. Trust Fund, 481 So. 2d 76 (Fla. 1st DCA 1986).

Cited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 115, 1986 Fla. App. LEXIS 5882

compensation benefits (supplemental benefits) under section 440.15(1)(e)1, Florida Statutes (1981). We affirm
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Wilkins v. Broward Cnty. Sch. Bd., 754 So. 2d 50 (Fla. 1st DCA 2000).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2000 WL 62967

DCA 1997), concerning section 440.15(1)(e)1., Florida Statutes. Section 440.15(1)(e)1., Florida Statutes
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Hunter v. South Florida Sod, 666 So. 2d 1018 (Fla. 1st DCA 1996).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1996 WL 21681

employer/carrier (E/C) were entitled, under section 440.15(10)(a), Florida Statutes, to take an offset
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Silver Springs, Inc. v. Scardo, 408 So. 2d 844 (Fla. 1st DCA 1982).

Cited 3 times | Published | Florida 1st District Court of Appeal

eligible for any partial wage-loss benefits under Section 440.15(4), the deputy should use the same recalculated
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Florida Plastering v. Alderman, 755 So. 2d 604 (Fla. 2000).

Cited 3 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 49, 2000 Fla. LEXIS 63, 2000 WL 38942

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)(1), FLORIDA STATUTES (1985), IS THE EMPLOYER
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Harrell v. Citrus Cnty. Sch. Bd., 25 So. 3d 675 (Fla. 1st DCA 2010).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 200, 2010 WL 143492

point through the date of the final hearing. See § 440.15(2)(a), Fla. Stat. (2006) ("Once the employee reaches
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Entenmann's Bakery v. Nunez, 592 So. 2d 1158 (Fla. 1st DCA 1992).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 3685

and wage-loss benefits is barred by statute, § 440.15(5)(a), ... [citation omitted] in this circumstance
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Bend v. Shamrock Servs., 59 So. 3d 153 (Fla. 1st DCA 2011).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2515, 2011 WL 680282

...policy covering a multitude of employees, some of whom might have vested rights under the Workers' Compensation Law. Accordingly, the result urged by Zenith is in direct contravention with the comprehensive scheme constructed by the Legislature. See § 440.015, Fla....
...ing workers' compensation coverage requirements, including the requirement "that the employer provide the carrier with information to accurately determine payroll and correctly assign classification codes." § 440.107(3), Fla. Stat. (2007); see also § 440.015, Fla....
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Scott v. Mohawk Canoes, 730 So. 2d 731 (Fla. 1st DCA 1999).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1999 WL 73703

terminated payment of supplemental benefits, citing section 440.15(1)(e)1, Florida Statutes (1991), as authority
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Buckhalter v. Univ. of Florida, 411 So. 2d 1327 (Fla. 1st DCA 1982).

Cited 3 times | Published | Florida 1st District Court of Appeal

impairment resulted from claimant's shoulder injury. § 440.15(3), Florida Statutes. MILLS and THOMPSON, JJ.
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Kleja v. Barnhart, 220 F. Supp. 2d 1330 (M.D. Fla. 2002).

Cited 3 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 17822, 2002 WL 31103985

Statutes contain a reverse offset provision; however, § 440.15(10)(c) provides that reverse offset does not apply
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LaBrecque v. Florida Vocational Rehab. & Div. of Risk Mgmt., 380 So. 2d 482 (Fla. 1st DCA 1980).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 16027

either a foot injury or a leg injury. Since Section 440.15(3), Florida Statutes (1973) addresses injuries
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Rollins Bldg. Servs., Inc. v. Thomas, 393 So. 2d 665 (Fla. 1st DCA 1981).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 19462

failed to apply the deduction provision of Section 440.15(5)(c), Florida Statutes. We agree with the
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State v. Herny, 781 So. 2d 1067 (Fla. 2001).

Cited 3 times | Published | Supreme Court of Florida | 2001 WL 81779

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)1, FLORIDA STATUTES (1985), IS THE EMPLOYER
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Horton v. Martin Mem'l Hosp., 610 So. 2d 1352 (Fla. 1st DCA 1992).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 385368

workers' compensation benefits, explaining: ... Section 440.15(10)(c) [Florida Statutes (1979)] does not authorize
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Hall v. City of Jacksonville, 443 So. 2d 326 (Fla. 1st DCA 1983).

Cited 3 times | Published | Florida 1st District Court of Appeal

WENTWORTH and ZEHMER, JJ., concur. NOTES [1] Section 440.15(3)(u), Florida Statutes (1977), provides that
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Cintas Corp. v. Price, 424 So. 2d 900 (Fla. 1st DCA 1982).

Cited 3 times | Published | Florida 1st District Court of Appeal

order awarding wage loss benefits pursuant to § 440.15(3)(b), Fla. Stat. We reverse upon our determination
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Telcon, Inc. v. Williams, 500 So. 2d 266 (Fla. 1st DCA 1986).

Cited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 5

or anyone else; therefore, the provisions of section 440.15(7) and (8), Florida Statutes (1979), were inapplicable
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Florida Cmty. Health Ctr. v. Ross, 590 So. 2d 1037 (Fla. 1st DCA 1991).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 265074

assertions, we find that the 1990 amendment to section 440.15(1)(b) requiring a 100 mile work search is not
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Paradise Fruit Co. v. Floyd, 425 So. 2d 9 (Fla. 1st DCA 1982).

Cited 3 times | Published | Florida 1st District Court of Appeal

which the finding of permanent impairment under Section 440.15(3)(a)3, Florida Statutes (1979), must be based
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Curtis v. Bordo Citrus Prods., 566 So. 2d 328 (Fla. 1st DCA 1990).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1990 WL 123112

Dorman, 509 So.2d 377 (Fla. 1st DCA 1987); Section 440.15(3)(b). The claimant typically, but not necessarily
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Audio Visual Innovations, Inc. v. Spiessbach, 119 So. 3d 522 (Fla. 2d DCA 2013).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 36 I.E.R. Cas. (BNA) 814, 2013 WL 4253239, 2013 Fla. App. LEXIS 12860

...hapter 440 sets forth a legislative intent “to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.” § 440.015 (emphasis added)....
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Quail Ridge v. Johnson, 584 So. 2d 199 (Fla. 1st DCA 1991).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 156616

and carrier contend the setoff provision of section 440.15(9), Florida Statutes, is mandatory and self-executing
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Gen. Props. Co., Inc. v. Greening, 18 So. 2d 908 (Fla. 1944).

Cited 3 times | Published | Supreme Court of Florida | 154 Fla. 814, 1944 Fla. LEXIS 822

justify contrary rulings. The applicable law is Section 440.15, Subsection (6), Florida Statutes, 1941, and
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Artigas v. Winn Dixie Stores, Inc., 578 So. 2d 356 (Fla. 1st DCA 1991).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 46823

Permanent total disability benefits under Section 440.15(1), Florida Statutes (1989), and attendant
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Hayward Trucking v. Aetna Ins. Co., 466 So. 2d 437 (Fla. 1st DCA 1985).

Cited 3 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 896

Nationwide argues apportionment is barred by Section 440.15(5)(a), Florida Statutes (1981). Consequently
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Troy Desk Mfg. Co., Inc. v. Troy, 448 So. 2d 46 (Fla. 3d DCA 1984).

Cited 3 times | Published | Florida 3rd District Court of Appeal

the appellant-carrier's contention that under Section 440.15(1)(d), it was justified in unilaterally suspending
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Oakdell, Inc. v. Gallardo, 505 So. 2d 672 (Fla. 1st DCA 1987).

Cited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1079

capable of engaging in gainful employment... ." Section 440.15(1)(b), Florida Statutes. (emphasis supplied)
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Merritt v. Promo Graphics, Inc., 691 So. 2d 632 (Fla. 5th DCA 1997).

Cited 3 times | Published | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 4342, 1997 WL 185897

rev. denied, 443 So.2d 979 (Fla.1984). Under section 440.15(10), Florida Statutes (1995), Promo Graphics
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Williams v. City of Fort Walton, 691 So. 2d 580 (Fla. 1st DCA 1997).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1997 WL 178842

Beach for the "full pay status" contemplated by section 440.15(11), Florida Statutes (1991).[1] The order
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Regal Marine Indus. v. Cappucci, 523 So. 2d 766 (Fla. 1st DCA 1988).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1988 WL 33694

medically or scientifically demonstrable findings. Section 440.15(3)(a)(3), Fla. Stat. This line of cases is
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Delchamps v. Page, 659 So. 2d 341 (Fla. 1st DCA 1995).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 155431

in applying the deemed earnings provision of section 440.15, Florida Statutes, against the claimant's entitlement
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Scott v. Container Corp. of Am., 559 So. 2d 399 (Fla. 1st DCA 1990).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1990 WL 41238

temporary total disability benefits pursuant to section 440.15(2), *400 Florida Statutes (1987), from May
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Blake v. Merck & Co., 43 So. 3d 882 (Fla. 1st DCA 2010).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 13325, 2010 WL 3465003

Gas, 982 So.2d at 37. Under the version of section 440.15(l)(b) applicable to this 2004 date of accident
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Orange Cnty. Fire Rescue v. Antonelli, 794 So. 2d 758 (Fla. 1st DCA 2001).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2001 WL 1131907

the higher maximum compensation rate under section 440.15(1)(f)1, Florida Statutes (1995). To subject
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Delgado v. Blanco & Sons Catering, 606 So. 2d 658 (Fla. 1st DCA 1992).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1992 WL 227862

caused by the incident in question. NOTES [1] Section 440.15(5)(a), Florida Statutes (1989), precludes apportionment
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State v. Herny, 776 So. 2d 932 (Fla. 1st DCA 1999).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1999 WL 979474

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)1, FLORIDA STATUTES (1985), IS THE EMPLOYER
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HRS DIST. II v. Pickard, 778 So. 2d 299 (Fla. 1st DCA 1999).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1999 WL 503456

which claimant was first entitled in 1989 under section 440.15(1)(e)1, Florida Statutes (Supp.1986), we reverse
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Cooper v. Buddy Freddy's Restaurant, 889 So. 2d 125 (Fla. 1st DCA 2004).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2004 WL 2724048

claimant's petition for impairment benefits under section 440.15(3)(a), Florida Statutes (1999), because claimant
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Rojas v. United Sheet Metal, 832 So. 2d 174 (Fla. 1st DCA 2002).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2002 WL 31519841

for his physical conditions, April 8, 1999. See § 440.15(2), Fla. Stat. (Supp.1998). After claimant reached
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Dept. of Transp. v. Johns, 753 So. 2d 108 (Fla. 1st DCA 1998).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1998 WL 777091

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)(1), FLORIDA STATUTES (1985), IS THE EMPLOYER
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Garcia v. Carmar Structural, Inc., 629 So. 2d 117 (Fla. 1993).

Cited 2 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 590, 1993 Fla. LEXIS 1816, 1993 WL 458842

calculated Garcia's wage-loss benefits based on section 440.15(3)(b), Florida Statutes (Supp. 1990), which
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Butler v. City of Jacksonville, 980 So. 2d 1250 (Fla. 1st DCA 2008).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 6937, 2008 WL 1968312

that he has suffered a catastrophic injury. See § 440.15(1)(b), Fla. Stat. (1996). A catastrophic injury
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Jamar Sportswear, Inc. v. Miller, 413 So. 2d 811 (Fla. 1st DCA 1982).

Cited 2 times | Published | Florida 1st District Court of Appeal

Evaluation of Permanent Impairment as required by section 440.15(3)(a)(3), Florida Statutes (1979). We agree
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Spaulding v. Albertson's, 543 So. 2d 858 (Fla. 1st DCA 1989).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 52818

earning capacity of that amount, pursuant to Section 440.15(3)(b)2, Florida Statutes. The deputy commissioner's
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Fernandina Beach v. Sch. Bd., 488 So. 2d 871 (Fla. 1st DCA 1986).

Cited 2 times | Published | Florida 1st District Court of Appeal

appellees. BARFIELD, Judge. Appellants assert that section 440.15(5), Florida Statutes (1979), as interpreted
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O'NEIL v. Dep't of Transp., 468 So. 2d 904 (Fla. 1985).

Cited 2 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 157

question to be of great public importance: Does Section 440.15(3)(b)3.d., Florida Statutes (1979), violate
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Roose & Griffin Landscape Contractors v. Weiss, 558 So. 2d 102 (Fla. 1st DCA 1990).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 1368, 1990 WL 19946

and that the conclusions of law accord with section 440.15, Florida Statutes (1987), and the relevant
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Jack Feagin Elec., Inc. v. Hallmark, 894 So. 2d 1083 (Fla. 1st DCA 2005).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 2666, 2005 WL 491384

employee a copy of Form DWC-19, pursuant to Section 440.15(8), (10) and (11), F.S.... If the employee
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Meneses v. City Furniture, 34 So. 3d 71 (Fla. 1st DCA 2010).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 3857, 2010 WL 1076250

a permanent impairment of 20% or greater). See § 440.15(3)(a)-(d), Fla. Stat. (2002). At the hearing,
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Felder v. King Motor Co. of South Florida, 110 So. 3d 105 (Fla. 4th DCA 2013).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 1136334, 2013 Fla. App. LEXIS 4419

...In the instant case we reject the Appellant’s invitation to- look to the history of this statute to determine its intent. We find the language of the statute to be clear and unambiguous. Further, the Legislature simplified this court’s job by specifying in section 440.015, Florida Statutes (2006), that “[i]t is the intent of the Legislature that the Workers’ Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and t...
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Keith v. City of Altamonte Springs, 344 So. 2d 555 (Fla. 1977).

Cited 2 times | Published | Supreme Court of Florida

John M. Keith. The claim was made pursuant to Section 440.15(2)(b), Florida States (1975), which in relevant
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Paul Lawhon Plumbing Co. v. Cave, 427 So. 2d 1093 (Fla. 1st DCA 1983).

Cited 2 times | Published | Florida 1st District Court of Appeal

voluntarily limiting his income, as proscribed by Section 440.15(4)(b), Florida Statutes (1981). Therefore,
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Mitchell v. Xo Commc'ns, 3 So. 3d 1278 (Fla. 1st DCA 2009).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2147, 2009 WL 593074

burden and which were not before the JCC. See § 440.15(5)(b), Fla. Stat. (2000); see also Holiday Inn
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Laura Lewis v. Dollar Rent A Car & ESIS WC Claims, 220 So. 3d 1246 (Fla. 1st DCA 2017).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2017 WL 2491550, 2017 Fla. App. LEXIS 8541

longer eligible for wage-loss benefits under section 440.15, Florida Statutes. 2 . Due to
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& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. & City of St. Petersburg, etc. v. Bradley Westphal, 194 So. 3d 311 (Fla. 2016).

Cited 2 times | Published | Supreme Court of Florida | 2016 WL 3191086

...The stated legislative intent of the workers’ compensation law is to “assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.” § 440.015, Fla....
...(2009); see also Butler v. Bay Ctr./Chubb Ins. Co., 947 So.2d 570, 572-73 (Fla. 1st DCA 2006). Further, the right of the employee and the employer to “opt out” of the workers’ compensation law, and preserve their tort remedies, was repealed. See §§ 440.015, 440.03, Fla....
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Sch. Bd. v. Huben, 165 So. 3d 865 (Fla. 1st DCA 2015).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 9474, 2015 WL 3826608

...of the Florida Workers’ Compensation Law to “assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer,” § 440.015, Fla....
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Brookings v. Hunzinger Const., 512 So. 2d 952 (Fla. 1st DCA 1987).

Cited 2 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1373

pursuant to the "deemed earnings" provision of Section 440.15(3)(b)2, Florida Statutes. Appellant asserts
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Florida Power Corp. v. Van Loan, 764 So. 2d 708 (Fla. 1st DCA 2000).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 7513, 2000 WL 775588

compensation claims as the sum authorized by section 440.15(1)(a), Florida Statutes (Supp.1994), to be
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Duro Paperbag Mfg. Co. v. Graham, 415 So. 2d 809 (Fla. 1st DCA 1982).

Cited 2 times | Published | Florida 1st District Court of Appeal

circumstances would apparently require the application of § 440.15(4)(b), Florida Statutes (1980), as to "deemed"
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Morrow v. Amcon Concrete, Inc., 433 So. 2d 1230 (Fla. 1st DCA 1983).

Cited 2 times | Published | Florida 1st District Court of Appeal

the employer and carrier were entitled under section 440.15(3)(b)4, Florida Statutes (1979), to reduce
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Kentucky Fried Chicken v. Tyler, 716 So. 2d 295 (Fla. 1st DCA 1998).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1998 WL 426989

consecutive months during that two-year period. § 440.15(3)(b)3.a., Florida Statutes (1987). The right
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Lemus v. Indus. Sites Servs., 482 So. 2d 472 (Fla. 1st DCA 1986).

Cited 2 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 226

an award for total permanent impairment because § 440.15(3)(a), Florida Statutes, limits impairment awards
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Davis v. Bonded Transp., Inc., 573 So. 2d 373 (Fla. 1st DCA 1991).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 2322

employer/carrier provided. Under the provisions of section 440.15(1)(b), Florida Statutes, "no compensation shall
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Inverness Healthcare Ctr. v. Cote, 751 So. 2d 163 (Fla. 1st DCA 2000).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2000 WL 126623

appeal an order recalculating the offset under section 440.15(9)(a), Florida Statutes (1989). We affirm.
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Martin Cnty. Sch. Bd. v. McDaniel, 465 So. 2d 1235 (Fla. 1st DCA 1985).

Cited 2 times | Published | Florida 1st District Court of Appeal

eligibility for wage loss benefits in accordance with Section 440.15(3)(a) and (b), the existence and degree of
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Hillsborough Cnty. Sch. Bd. v. Fliter, 539 So. 2d 1145 (Fla. 1st DCA 1989).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 12434

by invoking the deemed earnings provision of section 440.15(3)(b)(2), Florida Statutes (1987), upon his
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Cenvill Communities, Inc. v. Brown, 409 So. 2d 1147 (Fla. 1st DCA 1982).

Cited 2 times | Published | Florida 1st District Court of Appeal

temporary disability benefits paid pursuant to § 440.15(2)(a) and (4) shall include such period as may
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Univ. Med. Ctr. v. Sumpter, 591 So. 2d 288 (Fla. 1st DCA 1991).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 257732

since wage-loss benefits were paid monthly, section 440.15(9)(a), Florida Statutes (1985),[1] which applied
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Florida Indus. Comm'n ex rel. Special Disability Fund v. Nat'l Trucking Co., 107 So. 2d 397 (Fla. Dist. Ct. App. 1958).

Cited 2 times | Published | District Court of Appeal of Florida

whose employ the subsequent injury occurred. F.S. § 440.15(5)(d) 6(a), F.S.A., provides as follows: “a. Special
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Kilbourne & Sons v. Kilbourne, 677 So. 2d 855 (Fla. 1st DCA 1995).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1995 WL 746378

the requirement to perform the work search. Section 440.15(3)(b)2, Florida Statutes (Supp.1990). The burden
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Champlovier v. City of Miami, 667 So. 2d 315 (Fla. 1st DCA 1995).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1995 WL 597204

more distinct. The original claim was under section 440.15, Florida Statutes, while the claim that gave
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MacKin v. Olde World Cheese Shop, 536 So. 2d 301 (Fla. 1st DCA 1988).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 133970

based on the "deemed earnings" provision of section 440.15(4)(b), Florida Statutes, rather than on actual
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Nat. Distillers v. Guthrie, 473 So. 2d 806 (Fla. 1st DCA 1985).

Cited 2 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1890

Johnson, 422 So.2d 870 (Fla. 1st DCA 1982). Section 440.15(3)(b)2, Florida Statutes (1984 Supp.) (as amended
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City of Hollywood v. Lombardi, 738 So. 2d 491 (Fla. 1st DCA 1999).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1999 WL 569559

this point, we are aware of the provisions of section 440.15(13), Florida Statutes (Supp.1994), making an
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Simmons v. Trinity Indus., 528 So. 2d 1337 (Fla. 1st DCA 1988).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 80116

and wage-loss benefits is barred by statute, § 440.15(5)(a), Hayward Trucking, Inc. v. Aetna Insurance
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Baggett v. Mulberry Const. Co., 549 So. 2d 1386 (Fla. 1st DCA 1989).

Cited 2 times | Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 2035, 1989 Fla. App. LEXIS 4935, 1989 WL 101056

benefits based on the deemed earnings provision of section 440.15(4)(b), Florida Statutes (1981), for the December
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Seligman & Latz, Inc. v. Panell, 530 So. 2d 1032 (Fla. 1st DCA 1988).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 89501

resulted from the right patella fracture. Section 440.15(1)(b), Florida Statutes (1983), provides that
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Bruner v. GC-GW, INC., 880 So. 2d 1244 (Fla. 1st DCA 2004).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2004 WL 1920012

...Rather, such an interpretation is consistent with what we find to be the legislative intent and public policy concerns behind section 440.205. The Florida Legislature intends that injured workers receive the prompt delivery of benefits and that the workers' compensation system be efficient. See § 440.015, Fla....
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Jackson v. Hochadel Roofing Co., 794 So. 2d 668 (Fla. 1st DCA 2001).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2001 WL 904988

"compensation benefits." § 440.15(9)(a), Fla. Stat. (1991) (now codified as § 440.15(10)(a), Fla. Stat. (2000))
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Sunland Training Ctr. v. Brown, 396 So. 2d 278 (Fla. 1st DCA 1981).

Cited 2 times | Published | Florida 1st District Court of Appeal

$250 per month in social security benefits. Section 440.15(10), Florida Statutes, provides that weekly
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Massey v. North Am. Biologicals, 397 So. 2d 341 (Fla. 1st DCA 1981).

Cited 2 times | Published | Florida 1st District Court of Appeal

benefits to which he may be entitled pursuant to F.S. 440.15."
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Elms v. Castle Constructors Co., 109 So. 3d 1274 (Fla. 1st DCA 2013).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2013 WL 1338695, 2013 Fla. App. LEXIS 5473

...There are no pending disputes between the parties and, to date, Elms has not needed to file a petition for benefits to secure any of the benefits that he is due under the Workers’ Compensation Law. Thus, for Elms, the workers’ compensation system appears to be working precisely as intended. See § 440.015, Fla....
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Matter of George Hunt, Inc., 60 B.R. 183 (Bankr. M.D. Fla. 1986).

Cited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 6330

entitlement to recover wage loss benefits pursuant to § 440.15(3)(b). This issue was considered extensively by
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Gainesville Coca-Cola v. Young, 596 So. 2d 1278 (Fla. 1st DCA 1992).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1992 WL 81447

determined in accordance with AMA Guides pursuant to section 440.15(3)(a), F.S.) The evidence supporting the 1%
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Griffin v. Orlando Reg'l Med. Ctr., 578 So. 2d 448 (Fla. 1st DCA 1991).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 60007

benefits from the date of MMI — we affirm. Under Section 440.15(1)(e)1, Florida Statutes (Supp. 1982), claimant
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Russell v. Orange Cnty. Pub. Schs. Transp., 36 So. 3d 743 (Fla. 1st DCA 2010).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 5242, 2010 WL 1542648

...The Governor's reform proposal of 1993 outlined the general goals of these amendments and included one of those goals as limiting a perceived "doctor-shopping" problem. The Governor's Worker's Compensation Reform Proposal on Fla. S. Bill 12C, § 17 (1993), A Summary (Oct. 21, 1993). Further, section 440.015, Florida Statutes, which provides the legislative intent for the passing of Chapter 440, was likewise amended in 1993 to include the following pertinent language: .......
...21, 1993), initiating the passage of Fla. SB 12-C (1993). In addition, gamesmanship of this sort defeats the underlying purpose of the workers' compensation system to provide timely hearings and to allow for the prompt delivery of benefits to injured employees. See § 440.015, Fla....
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Mac Papers, Inc. v. Cruz, 658 So. 2d 108 (Fla. 1st DCA 1995).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1995 WL 222398

of a job search to avoid the obligation in section 440.15(3)(b)(2). When the Legislature amended subsection
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City of North Bay Vill. v. Cook, 617 So. 2d 753 (Fla. 1st DCA 1993).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 116702

five-percent supplemental benefit paid pursuant to section 440.15(1)(e)1, Florida Statutes (1983). On May 9,
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Gen. Tire Serv. v. Spec. Disability Tr. Fund, 569 So. 2d 481 (Fla. 1st DCA 1990).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1990 WL 141892

reimbursement for wage loss benefits, paid pursuant to section 440.15(3)(b) during the first six months after the
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Univ. of Cent. Fla. v. Gleaves, 586 So. 2d 458 (Fla. 1st DCA 1991).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1991 WL 187290

in excess of five years, in contravention of section 440.15(4)(c), Florida Statutes. Although the record
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Robin Tucker, As Assignee of Palm Beach Nightclub Enter., Inc. v. John Galt Ins. Agency, 743 So. 2d 108 (Fla. Dist. Ct. App. 1999).

Cited 1 times | Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 12368, 1999 WL 741119

biweekly installments or as otherwise provided in § 440.15.” § 440.20(2), Fla. Stat. (1997). For example
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Holland v. Courtesy Corp., 569 So. 2d 780 (Fla. 1st DCA 1990).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 7575, 1990 WL 146767

dispositive of his claim for PTD benefits. Section 440.15(1)(b), Florida Statutes, provides in pertinent
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Olavarria v. Okeelanta Corp., 741 So. 2d 1249 (Fla. 1st DCA 1999).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 790805

submitted timely requests for wage loss benefits. See § 440.15(3)(b)2, Fla. Stat. (1993) (requiring submission
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Styles v. Broward Cnty. Sch. Bd., 831 So. 2d 212 (Fla. 1st DCA 2002).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 31202323

calculating supplemental benefits in accordance with section 440.15(1)(e), Florida Statutes. We reverse. The order
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Hernandez v. Geo Grp., Inc./Specialty Risk Servs., 46 So. 3d 1123 (Fla. 1st DCA 2010).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 16527, 2010 WL 4273190

testimony to establish his entitlement to PTD. See § 440.15(l)(b)5., Fla. Stat. (2007) (conditioning award
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Lee Cnty. Parks & Rec. v. Fifer, 996 So. 2d 229 (Fla. 1st DCA 2008).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 4722533

forward applying the substantive provisions of section 440.15, Florida Statutes (1983). Admissibility of
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Potter v. City of Ormond Beach, 913 So. 2d 710 (Fla. 1st DCA 2005).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2005 WL 2736739

WEBSTER and BENTON, JJ., concur. NOTES [1] Section 440.15(5)(b), Florida Statutes (2001), which addresses
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Keller Kitchen Cabinets v. Holder, 586 So. 2d 1132 (Fla. 1st DCA 1991).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1991 WL 151971

such benefits to the time period stated in section 440.15. Finally, I do not agree with the statement
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Jones Mahoney Corp. v. Hutto, 421 So. 2d 703 (Fla. 1st DCA 1982).

Cited 1 times | Published | Florida 1st District Court of Appeal

points. The claimant argues on cross-appeal that § 440.15(3), Fla. Stat. (1979) is unconstitutional. We
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Turner v. Miami-dade Cnty. Sch. Bd., 941 So. 2d 508 (Fla. 1st DCA 2006).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 3208492

to penalties and interest for late payment. See § 440.15(3)(a)1 (providing that "[o]nce the employee has
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Miami-Dade Cnty. v. Lovett, 888 So. 2d 136 (Fla. 1st DCA 2004).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 18092, 2004 WL 2723983

(SSD) offset was improper, and conflicted with section 440.15(9)[1], Florida Statutes (1991). We disagree
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Burnup & Sims, Inc. v. Ozment, 440 So. 2d 29 (Fla. 1st DCA 1983).

Cited 1 times | Published | Florida 1st District Court of Appeal

for instance, a claim for medical benefits. Section 440.15(1)(b), Fla. Stat., provides that in all cases
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Houck v. Lee Cnty. Bd. of Cnty. Com'rs, 995 So. 2d 1102 (Fla. 1st DCA 2008).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 4999484

Chavez, 920 So.2d 69 (Fla. 1st DCA 2006). Section 440.15(1)(b), Florida Statutes (1995), provides that
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Davis v. Broward Cnty. Health Dept., 570 So. 2d 371 (Fla. 1st DCA 1990).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1990 WL 178655

attributable to the wording of the wage loss statute. Section 440.15(3)(b), Florida Statutes (1985), provides in
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Acosta v. Kraco, Inc., 471 So. 2d 24 (Fla. 1985).

Cited 1 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 267, 1985 Fla. LEXIS 3243

question to be of great public importance: Does Section 440.15(3)(b)3.d., Florida Statutes (1979) violate
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Williamson v. Bush & LaFoe, 294 So. 2d 641 (Fla. 1974).

Cited 1 times | Published | Supreme Court of Florida

separately, may be treated under Florida Statute § 440.15(3)(u), F.S.A., as an injury to the body as a whole
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Olmo v. Rehabcare Starmed/SRS, 930 So. 2d 789 (Fla. 1st DCA 2006).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 8547, 2006 WL 1468673

(Fla. 1st DCA 1998) (quotation omitted). See also § 440.15(2)-(3), Fla. Stat. (1993) (allowing temporary
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Roseboom v. HT Constructors, Inc., 527 So. 2d 234 (Fla. 1st DCA 1988).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1988 WL 55645

determination of a permanent disability claim. See section 440.15(5)(a), Florida Statutes. The consolidated claims
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Burks v. Day's Harvesting, Inc., 597 So. 2d 858 (Fla. 1st DCA 1992).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1992 WL 67935

question, novel in Florida law, of whether section 440.15(9)(a), Florida Statutes (1989), allows the
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Burgess v. Buckhead Beef Florida, 15 So. 3d 25 (Fla. 1st DCA 2009).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 4446, 2009 WL 1272333

...a per se application of his interpretation of the administrative rules, is not only antithetical to the analysis prescribed in Binger, but is also in direct conflict with the specific legislative intent of the Florida Workers' Compensation Law. See § 440.015, Fla....
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Marriott In-flite Servs. v. Garcia, 450 So. 2d 569 (Fla. 1st DCA 1984).

Cited 1 times | Published | Florida 1st District Court of Appeal

and catastrophic loss benefits pursuant to section 440.15(2)(b), Florida Statutes (1981). We affirm.
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Sherman v. Peoples Water & Gas Co., 138 So. 2d 745 (Fla. 1962).

Cited 1 times | Published | Supreme Court of Florida | 1962 Fla. LEXIS 3028

filed for bene*746fits outside the hernia statute, § 440.15(6) (f). A hearing was held by the deputy commissioner
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Box v. Tallahassee Fire Dep't/City of Tallahassee, 160 So. 3d 133 (Fla. 1st DCA 2015).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 4724, 2015 WL 1442510

impairment income benefits at the correct rate. Section 440.15(3)(c), Florida Statutes (2013), provides: Impairment
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Christian v. Greater Miami Academy, 541 So. 2d 701 (Fla. 1st DCA 1989).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1989 WL 27644

do even light work due to physical limitation." § 440.15(1)(b), Fla. Stat. (1981). We do not, however,
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Eques v. Best Knit Textile Corp., 382 So. 2d 736 (Fla. 1st DCA 1980).

Cited 1 times | Published | Florida 1st District Court of Appeal

whichever of those two determinations is greater. Section 440.15(3)(u), Florida Statutes (1975); Siver v. Proefke-Nielsen
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Hertz Rent-A-Car v. Sosa, 670 So. 2d 73 (Fla. 1st DCA 1996).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1996 WL 27886

12, chapter 89-289, Laws of Florida, amended section 440.15(2) to add subsection (c), which provides that
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Poole & Kent Co. v. Asbell, 394 So. 2d 1112 (Fla. 1st DCA 1981).

Cited 1 times | Published | Florida 1st District Court of Appeal

failed to rule on the issue of whether, under § 440.15(3)(c), Fla. Stat. (Supp. 1978), the claimant's
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Morrison v. State Dep't of Vet.'s Affairs, 62 So. 3d 686 (Fla. 1st DCA 2011).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 8384, 2011 WL 2202482

to the date of maximum medical improvement. See § 440.15(4), Fla. Stat. (2007). We further remind the workers'
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Minton-Sun, Inc. v. Hills, 563 So. 2d 162 (Fla. 1st DCA 1990).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1990 WL 77398

Additionally, it was incumbent upon claimant under Section 440.15(3)(b)1., Florida Statutes (1985), to show that
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Jackson v. Nat Harrison Assocs., 283 So. 2d 27 (Fla. 1973).

Cited 1 times | Published | Supreme Court of Florida

the second injury alone. He held that Fla. Stat. § 440.15(5)(c), F.S.A., relating to subsequent injuries
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Mieses v. Applebee's, 14 So. 3d 1228 (Fla. 1st DCA 2009).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 8654, 2009 WL 1856214

benefits was not barred by the 104-week limit. § 440.15(2)(a), (4)(b), Fla. Stat. (2003). As of July 27
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Miami Dade Cnty. Sch. Bd. v. Smith, 116 So. 3d 511 (Fla. 1st DCA 2013).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 2382471, 2013 Fla. App. LEXIS 8766

...ne Claimant’s treating physician, a witness critical to the factual issues in dispute. Analysis In no uncertain terms, the Legislature has expressed its “specific intent” that workers’ compensation cases be decided “on their merits.” See § 440.015, Fla....
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Boatright v. City of Jacksonville, 334 So. 2d 339 (Fla. Dist. Ct. App. 1976).

Cited 1 times | Published | District Court of Appeal of Florida | 93 L.R.R.M. (BNA) 2909, 1976 Fla. App. LEXIS 15726

continuance thereof, not to exceed 350 weeks. Section 440.15(2), Florida Statutes. PERMANENT PARTIAL DISABILITY
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Orange Cnty. Fire Rescue v. Jones, 959 So. 2d 785 (Fla. 1st DCA 2007).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 1792328

93-415, § 20, at 122, Laws of Fla. (codified as § 440.15(3)(a), Fla. Stat.). Because the creation of permanent
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Phelps v. Gunite Constr. & Rentals, Inc., 279 So. 2d 829 (Fla. 1973).

Cited 1 times | Published | Supreme Court of Florida | 1973 Fla. LEXIS 5166

Hospital, 260 So.2d 505 (Fla. 1972). [2] Fla. Stat. § 440.15(3) and (7), F.S.A.; Wolfe v. Neal, 156 So.2d 513
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Patrylo v. Nautilus Hotel, 142 So. 2d 279 (Fla. 1962).

Cited 1 times | Published | Supreme Court of Florida

partial disability of the body as a whole. Section 440.15(3) (u), Florida Statutes, F.S.A. Upon review
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Sch. Bd. of Manatee Cnty. v. Gambuzza, 510 So. 2d 992 (Fla. 1st DCA 1987).

Cited 1 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1666

claimed is the result of the compensable injury. § 440.15(3)(b)2, Fla. Stat.; Regency Inn v. Johnson, 422
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Wise v. EL Copeland Builders, 435 So. 2d 339 (Fla. 1st DCA 1983).

Cited 1 times | Published | Florida 1st District Court of Appeal

Chapter 440 is not before us, we note that section 440.15(10) provides only for an offset of federal
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Kessler v. Cmty. Blood Bank, 621 So. 2d 539 (Fla. 1st DCA 1993).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1993 WL 255581

1981). Dr. Hinds' report does not comply with section 440.15(3)(a)(3), *542 Florida Statutes (1989), which
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Anna Maria Fire Control Dist. v. Angell, 528 So. 2d 456 (Fla. 1st DCA 1988).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1988 WL 68080

[Angell's] AWW calculation." The DC referred to § 440.15(3)(b)(1), "benefits must be based on actual wage
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Royal & Sunalliance v. Chavez, 920 So. 2d 69 (Fla. 1st DCA 2006).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 20437

20, 112, at 118, 215, Laws of Fla. (codified as § 440.15(1)(b), Fla. Stat. (1999)). See Union Camp Corp
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Jackson v. Princeton Farms Corp., 140 So. 2d 570 (Fla. 1962).

Cited 1 times | Published | Supreme Court of Florida

earning capacity and invoked the provisions of Section 440.15(5) (d) (2) Florida Statutes 1957, F.S.A.3 by
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KARODY v. Quality Steel & Claims Ctr., 694 So. 2d 40 (Fla. 1st DCA 1997).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1997 WL 20416

JCC's failure to apply the offset provisions in section 440.15(1), Florida Statutes (1991), for the period
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Stahl v. Tenet Health Sys., Inc., 54 So. 3d 538 (Fla. 3d DCA 2011).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 213, 2011 WL 148388

impairment benefits as required by the Act. See § 440.15(3)(g)1, Fla. Stat. (2003) (providing for two weeks
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Herrera v. Hojo Inn Maingate, 680 So. 2d 439 (Fla. Dist. Ct. App. 1996).

Cited 1 times | Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 289, 1996 WL 16566

determined by the JCC in accordance with the facts. § 440.15(l)(b), Fla.Stat. (1993). The burden is upon the
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Injured Workers v. Dept. of Labor, 630 So. 2d 1189 (Fla. 1st DCA 1994).

Cited 1 times | Published | Florida 1st District Court of Appeal | 19 Fla. L. Weekly Fed. D 178

1991." Ch. 90-201, § 20, at 936, Laws of Fla.; § 440.15(3)(a)3, Fla. Stat. (Supp. 1990). An advisory *1191
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Gunter v. Sauer, Inc., 629 So. 2d 1086 (Fla. 1st DCA 1994).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1994 WL 5312

...t even mention an acknowledged claim. [2] Furthermore, the employer/carrier's assertion that they may await receipt of an acknowledged claim despite having actual notice of the filed claim is inconsistent with the legislative intent, as expressed in section 440.015, Florida Statutes (1991), of assuring a quick and efficient delivery of benefits, and the characterization of the Workers' Compensation Law, as expressed in cases such as Turner v....
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Cumberland Farm Food Stores v. Meier, 408 So. 2d 700 (Fla. 1st DCA 1982).

Cited 1 times | Published | Florida 1st District Court of Appeal

involves a claim for wage loss benefits under § 440.15(3)(b), Florida Statutes (1979). Due to the temporary
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Frohman Gear Co. v. Fellows, 149 So. 2d 557 (Fla. 1963).

Cited 1 times | Published | Supreme Court of Florida

award of benefits for hernia under Fla. Stat. § 440.15(6) (f), F.S.A. Respondent avers that he suffered
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Wal-Mart Stores, Inc. v. Thompson, 974 So. 2d 516 (Fla. 1st DCA 2008).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 312644

catastrophic injury as defined in s. 440.02." § 440.15(1)(b), Fla. Stat. (1995); see ch. 2003-412, §
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Coe v. Kentucky Fried Chicken, 393 So. 2d 1156 (Fla. 1st DCA 1981).

Cited 1 times | Published | Florida 1st District Court of Appeal

Insofar as this case involves unscheduled injuries, § 440.15(3)(u), Fla. Stat. (1977), provides that disability
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Seminole Cnty. Gov't v. Baumgardner, 28 So. 3d 145 (Fla. 1st DCA 2010).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 986, 2010 WL 396320

Claimant's impairment benefits pursuant to section 440.15(3)(c), Florida Statutes (2005). Because the
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Upson v. Orange Cnty. Sch. Bd., 811 So. 2d 733 (Fla. 1st DCA 2002).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 265849

2d 332 (Fla. 1st DCA 1997), in stating that section 440.15(13), Florida Statutes (1994), allowed the E/SA
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Courtesy Corp. v. Holland, 538 So. 2d 545 (Fla. 1st DCA 1989).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1989 WL 12497

do even light work due to physical limitation." § 440.15(1)(b), Fla. Stat. (Supp. 1982). Certainly, the
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Cooper v. Escambia Cnty. Sch. Bd., 734 So. 2d 1072 (Fla. 1st DCA 1999).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 4626, 1999 WL 71251

"gainful employment" as that term is used in section 440.15(1)(b), Florida Statutes. Reasonable job modifications
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State, Dept. of Transp. v. Davis, 416 So. 2d 1132 (Fla. 1st DCA 1982).

Cited 1 times | Published | Florida 1st District Court of Appeal

could not be offset pursuant to Florida Statutes, § 440.15(10)(a),[1] as amended in 1979. The basis of the
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Protegrity Servs., Inc. v. Brehm, 901 So. 2d 150 (Fla. 5th DCA 2005).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 1407, 2005 WL 320704

...Florida Statutes (1997). The statute is intended to provide a "quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." § 440.015, Fla....
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Pyram v. Marriott Intern., 687 So. 2d 351 (Fla. 1st DCA 1997).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1997 WL 49118

unless the JCC finds such refusal justifiable. Section 440.15(7), Florida Statutes (Supp.1994). Here, the
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City of Miami Springs v. Sanchez, 2 So. 3d 383 (Fla. 1st DCA 2008).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 20501, 2008 WL 5411728

supplemental benefits after Claimant's 65th birthday. See § 440.15(12), Fla. Stat. (2007); Brown v. L.P. Sanitation
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Ballard v. Edd Helms Grp., 79 So. 3d 88 (Fla. 1st DCA 2011).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 20926, 2011 WL 6851248

unemployment compensation benefits during this time. See § 440.15(10)(a), Fla. Stat. (2008) ("No compensation benefits
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Nat'l Distillers v. Guthrie, 443 So. 2d 354 (Fla. 1st DCA 1983).

Cited 1 times | Published | Florida 1st District Court of Appeal

formula on that ground, since a careful reading of § 440.15(3)(b) shows that the comparison to be made is
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Auman v. Leverock's Seafood House, 997 So. 2d 476 (Fla. 1st DCA 2008).

Cited 1 times | Published | Florida 1st District Court of Appeal | 33 Fla. L. Weekly Fed. D 2848

language of the statute supports their position. Section 440.15(2)(a), Florida Statutes (2004), authorizes
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East v. CVS Pharmacy, Inc., 51 So. 3d 516 (Fla. 1st DCA 2010).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 19004, 2010 WL 5114723

for the full 104-week period allowed under section 440.15(4), Florida Statutes, and sought PTD benefits
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Am. Airlines v. Miller, 575 So. 2d 669 (Fla. 1st DCA 1990).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1990 WL 205434

through the date of the order and continuing. Section 440.15(3)(b)3, Florida Statutes (1979) provides that
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Deborah O'Connor v. North Okaloosa Med. Ctr., 152 So. 3d 843 (Fla. 1st DCA 2014).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 7010433

temporary disability benefits, as is required by section 440.15(2)(a), Florida Statutes (2004); Claimant had
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Bridges v. Motorola, Inc., 646 So. 2d 790 (Fla. 1st DCA 1994).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1994 WL 668210

for those benefits were untimely filed under section 440.15(3)(b)2, Florida Statutes (1991). We conclude
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Morris v. CA Meyer Paving & Const., 516 So. 2d 302 (Fla. 1st DCA 1987).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1987 WL 1911

constitute amputation within the meaning of section 440.15(3)(a), Florida Statutes (1985). Concluding
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Garcia v. Fence Masters, Inc., 16 So. 3d 200 (Fla. 1st DCA 2009).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 10954, 2009 WL 2392897

residence, due to his physical limitations. See § 440.15(l)(b)5., Fla. Stat. (2005). This court has held
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Zeiger Crane Rentals, Inc. v. Double a Indus., Inc., 16 So. 3d 907 (Fla. 4th DCA 2009).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 10746, 2009 WL 2382320

...Florida's Workers' Compensation Act is intended to provide a "quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." § 440.015, Fla....
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Vreuls v. Progressive Emp. Servs., 881 So. 2d 688 (Fla. 1st DCA 2004).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 12746, 29 Fla. L. Weekly Fed. D 1990

amount of appellant's PTDS benefits pursuant to section 440.15(1)(f), by using the 66 2/3% permanent total
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Slora v. Sun 'n Fun Fly-In, Inc., 173 So. 3d 1099 (Fla. 2d DCA 2015).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 12708, 2015 WL 5023000

...2d 1006, 2The legislature's objective was "to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer." § 440.015....
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Orange Cnty. Sch. Bd. v. Melman, 721 So. 2d 1183 (Fla. 1st DCA 1998).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1998 WL 530379

followed her chiropractors' advice not to work. See § 440.15(3)(b), Fla. Stat. (1993). This is not a case where
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Aguilar v. Kohl's Dep't Stores, Inc., 68 So. 3d 356 (Fla. 1st DCA 2011).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13245, 2011 WL 3667888

the express legislative intent contained in section 440.015, Florida Statutes (2007), providing “an efficient
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Ben Brown Painting Contractors v. Poole, 667 So. 2d 235 (Fla. 1st DCA 1995).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1995 WL 496974

applies also fails. In a recent case construing section 440.15(4)(b), Florida Statutes, we held: "once a claimant
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Repub. Waste Servs., Inc. v. Ricardo, 68 So. 3d 934 (Fla. 1st DCA 2011).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 12740, 2011 WL 3558165

interest. See § 440.20(6)(a), Fla. Stat. (2009). Section 440.15(4), Florida Statutes (2009), which provides
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State v. Campbell, 417 So. 2d 1156 (Fla. 1st DCA 1982).

Cited 1 times | Published | Florida 1st District Court of Appeal

from the injury." The pertinent portions of Section 440.15(3), Florida Statutes (1979) state: (3) PERMANENT
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Neavins v. City of St. Petersburg, 823 So. 2d 288 (Fla. 1st DCA 2002).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 1828103

entitled to PTD benefits; (2) that based on section 440.15(2)(b), Florida Statutes (1999), as an amputee
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Ferrell Gas v. Childers, 982 So. 2d 36 (Fla. 1st DCA 2008).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 916947

disabled. The current and applicable version of section 440.15(1)(b), Florida Statutes, provides a list of
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Sedgwick CMS & The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams, 271 So. 3d 1133 (Fla. 1st DCA 2019).

Cited 1 times | Published | Florida 1st District Court of Appeal

...As previously noted, this construction would broaden the potential tort liability for every employer in Florida. Moreover, this construction would contravene the legislative intent to ensure the prompt delivery of benefits to the injured worker by an efficient and self-executing system. § 440.015, Fla....
...Today the majority charts a course towards uncertainty and away from the Legislative intent “to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.” § 440.015, Fla....
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Kash-N-Karry v. Johnson, 617 So. 2d 791 (Fla. 1st DCA 1993).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1993 WL 132632

...The hazard was the yellow painted area, which caused claimant to fall despite the fact that she was wearing tennis shoes. In seeking reversal, the employer and carrier (E/C) contend that the repeal of section 440.26, Florida Statutes (1989), and enactment of sections 440.015 and 440.092(2), Florida Statutes, by chapter 90-201, Laws of Florida, [1] had the effect of abrogating *793 the special hazard rule....
...Doctor's Business Service, Inc. v. Clark, 498 So.2d 659 (Fla. 1st DCA 1986) (en banc), review denied, 506 So.2d 1041 (Fla. 1987); Maines, supra at 1075. The statute has nothing to do with, and its repeal has no effect upon, the special hazard rule. Section 440.015, Florida Statutes (Supp....
...Scanlan, 582 So.2d 1167 (Fla. 1991). Section 440.26, Florida Statutes (1989), provides in pertinent part: 440.26 Presumptions. ... it shall be presumed, in the absence of substantial evidence to the contrary: (1) That the claim comes within the provisions of this chapter. Section 440.015, Florida Statutes (Supp. 1990), provides in pertinent part: 440.015 Legislative intent....
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Stacy v. Venice Isles Mobile Home Park, 635 So. 2d 1039 (Fla. 1st DCA 1994).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 4116, 1994 WL 148142

good faith, albeit unsuccessful, work search. § 440.15(3)(b)2., Fla. Stat. (1991); Publix Supermarket
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Sarasota Cnty. Sch. Bd./Optacomp v. Roberson, 135 So. 3d 587 (Fla. 1st DCA 2014).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 1467867, 2014 Fla. App. LEXIS 5494

relying on the following language found in section 440.15(l)(b), Florida Statutes (2009): In all other
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Pinellas Cnty. Sch. Bd. v. Higgins, 597 So. 2d 355 (Fla. 1st DCA 1992).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 4239, 1992 WL 74903

of his salary prior to the first accident, section 440.15(3)(b). He had been told that he would be given
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Kicklighter v. City of Jacksonville, 978 So. 2d 870 (Fla. 1st DCA 2008).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 5228, 2008 WL 957754

awarding claimant PTD benefits pursuant to section 440.15(1)(b), Florida Statutes (2004). WOLF, KAHN
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Rowe v. City of Clearwater, 755 So. 2d 137 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 11408, 1998 WL 568072

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)(l), FLORIDA STATUTES (1985), IS THE EMPLOYER
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Hahn v. City of Clearwater, 755 So. 2d 137 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 11411, 1998 WL 568303

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)(l), FLORIDA STATUTES (1985), IS THE EMPLOYER
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Conrad v. Eng'g Int'l, Inc., 530 So. 2d 1061 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 2111, 1988 Fla. App. LEXIS 4031, 1988 WL 92977

The briefs do not reference the mandate of Section 440.15(5)(a), Florida Statutes, against apportionment
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Stand. Indus. Linen Co. v. Freeman, 419 So. 2d 711 (Fla. 2d DCA 1982).

Published | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 21122

post-injury wage earning capacity in accordance with Section 440.15(4), Florida Statutes (Supp.1978)1 and instead
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Employbridge & Gallagher Bassett Servs., Inc. v. Viviana Llanes Rodriguez, 255 So. 3d 453 (Fla. 1st DCA 2018).

Published | Florida 1st District Court of Appeal

...with persuasive evidence that the refusal is necessary to protect the employee’s health or safety. The overarching goal of the Worker’s Compensation Act regarding injured workers is to ensure the “worker's return to gainful reemployment at a reasonable cost to the employer.” § 440.015, Fla....
... suitable to the capacity thereof, offered to or procured therefor, such employee shall not be entitled to any compensation at any time during the continuance of such refusal unless at any time in the opinion of the judge of compensation claims such refusal is justifiable.” § 440.015(6), Fla....
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Cheney Bros. v. Johnson, 566 So. 2d 874 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 6755, 1990 WL 129097

of PTD benefits on: (1) the presumption in section 440.15(l)(b), Florida Statutes, of PTD in cases where
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Perini Corp. v. Licata, 548 So. 2d 815 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 2103, 1989 Fla. App. LEXIS 5044, 1989 WL 104006

calculating the amount to be awarded to claimant, section 440.15(4)(b), Florida Statutes, states that the salary
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Utopia Home Care/ Guarantee Ins. Co. v. Beatriz Alvarez, 230 So. 3d 72 (Fla. 1st DCA 2017).

Published | Florida 1st District Court of Appeal

093(2), Fla. Stat. (2011). The reference to section 440.15, Florida Statutes (2011), at the beginning
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Zyak v. Wendy's, 659 So. 2d 1299 (Fla. 1st DCA 1995).

Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 9317, 1995 WL 518799

denied for periods after the effective date of section 440.15(3)(b)2, Florida Statutes (Supp.1990), due to
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Foster v. E G & G Florida, Inc., 795 So. 2d 151 (Fla. 1st DCA 2001).

Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 12427, 2001 WL 1001244

on temporary disability benefits. See generally § 440.15(2)(a) & (4)(b), Fla. Stat. (1997); Okeechobee
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Braun v. Brevard Cnty., 44 So. 3d 1216 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14885, 2010 WL 3783441

medical bills were not subject to apportionment. See § 440.15(5)(a), Fla. Stat. (1991) (“Compensation for .
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Ago (Fla. Att'y Gen. 1996).

Published | Florida Attorney General Reports

...blic at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. 2 Section 440.11 (1), Fla. Stat. (1995). 3 Section 440.015 , Fla....
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Botanical Gardens v. Smith, 340 So. 2d 913 (Fla. 1976).

Published | Supreme Court of Florida | 1976 Fla. LEXIS 4611

additional six weeks of compensation relying on Section 440.15(6)(f), Florida Statutes, which provides: “Compensation
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Daniel Murphy v. Polk Cnty. Bd. of Cnty. Commissioners, & Com. Risk Mgmt. (Fla. 1st DCA 2025).

Published | Florida 1st District Court of Appeal

...a petition for benefits which meets the requirements of this section and the definition of specificity in s. 440.02.”). Under the workers’ compensation regime, benefits fall into two categories: 1) compensation for disability or death; and 2) medical and attendant care. See § 440.015, Fla....
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Sedgwick Claims Mgmt. Servs., the GEO Grp., Inc. v. Ryan Thompson (Fla. 1st DCA 2025).

Published | Florida 1st District Court of Appeal

...1st DCA 1982). The following excerpt best encapsulates the arguments asserted by Henson before the supreme court: [B]ecause the workers’ compensation scheme is based on “a mutual renunciation of common law rights and defenses by employers and employees alike,” section 440.015, Florida Statutes (1995), the common law Frye standard could not be a bar to a claimant’s recovery....
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Special Disability Trust Fund v. Martin Marietta Corp., 512 So. 2d 1036 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2130, 1987 Fla. App. LEXIS 10123

Section 3, Laws of Florida (1955), creating Section 440.15(5)(d)l, Florida Statutes (1955) (currently
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Smith v. Distrib., 643 So. 2d 66 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 9330, 1994 WL 525509

engages a helper for unloading and lifting. Section 440.15(3)(b)l, Florida Statutes (1989), conditions
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Thomas v. City of Vero Beach, 365 So. 2d 133 (Fla. 1978).

Published | Supreme Court of Florida | 1978 Fla. LEXIS 4937

of Industrial Claims (JIC) which held that Section 440.15(10), Florida Statutes (1975), is constitutional
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City of Orlando v. Wilkinson, 624 So. 2d 799 (Fla. 5th DCA 1993).

Published | Florida 5th District Court of Appeal | 1993 Fla. App. LEXIS 9531, 1993 WL 380131

to Harold Wilkinson (claimant), pursuant to section 440.15(5)(c), Florida Statutes (1987). The E/SA argue
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Young v. Dreamland Bedding Co., 133 So. 2d 414 (Fla. 1961).

Published | Supreme Court of Florida

of use of a member is a scheduled loss under Section 440.15(3), Florida Statutes. The effect of an injury
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Suez Motel v. Brouwer, 388 So. 2d 627 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17691

a 25% permanent partial disability rating. Section 440.-15(3)(u), Florida Statutes (1977), provides that
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Nat'l Linen Serv. v. Stubblefield, 403 So. 2d 1147 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21123

wage earning capacity, whichever is greater. Section 440.-15(3)(u), Florida Statutes (1978 Supp.). The Deputy’s
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Westphal v. City of St. Petersburg/City of St. Petersburg Risk Mgmt., 122 So. 3d 440 (Fla. 1st DCA 2013).

Published | Florida 1st District Court of Appeal | 2013 WL 5302584, 2013 Fla. App. LEXIS 15084

...1 The conclusion that disability benefits are available throughout the course of a worker’s disability is not only supported by the text of the applicable statutes, it is also consistent with the intent of the Legislature as expressed in the Workers’ Compensation Law. Section 440.015, Florida Statutes (2009), states, “It is the intent of the Legislature to ensure the prompt delivery of benefits to the injured worker.” We can infer from this statement that the Legislature meant to require the continuous payment...
...lied. Instead, the rule in Oswald is now used almost exclusively as authority to deny benefits. 2 The Workers’ Compensation Law was designed to provide injured workers just compensation for their injuries at reasonable cost to their employers. See § 440.015, Fla....
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Hillsborough Cnty. Sch. Bd. v. Ward, 913 So. 2d 39 (Fla. 1st DCA 2005).

Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 14870, 2005 WL 2313623

had the burden of establishing, pursuant to section 440.15(1)(e), Florida Statutes, that claimant would
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Brevard Cnty. Sch. Bd. v. Hopkins, 911 So. 2d 859 (Fla. 1st DCA 2005).

Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 14872, 2005 WL 2313668

has received 104 weeks of temporary benefits. § 440.15(2)(a), (4)(b), Fla. Stat. (Supp.1998).
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Ismael Moreno v. Palm Beach Cnty. Sch. Bd., 146 So. 3d 530 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal | 2014 WL 4457315

...If the evidence is conflicting, will permit different reasonable inferences, or tends to prove the issues, it should be submitted to the trier of fact.” Id. This accords with the Legislature’s stated intent “that workers’ compensation cases shall be decided on their merits.” See § 440.015, Fla. Stat....
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Bober v. Conditioning, 826 So. 2d 487 (Fla. 1st DCA 2002).

Published | Florida 1st District Court of Appeal

benefits he was due pursuant to Florida Statutes section 440.15, which imposes a maximum of 104 weeks of temporary
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R.L. Haines Constr., LLC v. Santamaria, 161 So. 3d 528 (Fla. 5th DCA 2014).

Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 14605, 2014 WL 4648522

...Florida’s Workers’ Compensation Law sets forth a comprehensive scheme intended “to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer....” § 440.015, Fla....
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Wood v. Dort, 625 So. 2d 42 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 9469, 1993 WL 366878

appellants to pay supplemental PTD benefits under section 440.15(l)(e), Florida Statutes. The relevant facts
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Christilles v. H.J. Wilson Co., 513 So. 2d 208 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2259, 1987 Fla. App. LEXIS 12179

between a claimant and an employer/carrier. See Section 440.15(5)(a), Florida Statutes; Hayward Trucking,
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West v. Univ. of Miami, 69 So. 3d 398 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 14646, 2011 WL 4104974

medical improvement before January 23, 2007. See § 440.15(4), Fla. Stat. (2005). Second, we reverse the
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Seacoast Bldg. Supply v. Jackson, 419 So. 2d 379 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21104

or failed to accept appropriate em*381ployment. § 440.15(4)(b), Florida Statutes. Vida Appliances v. Gates
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Bland Constr. Co. v. Williams, 419 So. 2d 374 (Fla. 5th DCA 1982).

Published | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 21100

awarding claimant wage loss benefits pursuant to section 440.-15(3)(b), Florida Statutes (1979). We affirm.
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Arnold Lumber Co. v. Randall, 438 So. 2d 433 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 21642

claimant was legally entitled to such benefits. Section 440.15(l)(b), Fla.Stat. (1979) relating to the payment
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Cmeyla v. Baynard-Thompson Funeral Home, 439 So. 2d 892 (Fla. 2d DCA 1983).

Published | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 21636

wage-loss benefits fifty percent pursuant to Section 440.-15(3)(b)(4), Florida Statutes (1981), because
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State, Dep't of Labor & Emp. Sec. v. Boise Cascade Corp., 795 So. 2d 967 (Fla. 1st DCA 1998).

Published | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 11518, 1998 WL 597860

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)(l), FLORIDA STATUTES (1985), IS THE EMPLOYER
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McNeil v. Progressive Driver Servs., 513 So. 2d 195 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2214, 1987 Fla. App. LEXIS 12170

application of the “deemed earnings” provision, Section 440.15(3)(b)2, Florida Statutes. We find no basis
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City of Miami v. Summers, 425 So. 2d 11 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21114

August 2, 1982), which allowed recovery (under Section 440.15(4), temporary partial disability) for temporary
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George A. Fuller Co. v. Chastain, 388 So. 2d 284 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17653

temporary partial benefits at the maximum rate. Section 440.15(4), F.S. (1977). Although the post-injury wage-earning
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Uniweld Prods., Inc. v. Lopez, 511 So. 2d 758 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2099, 1987 Fla. App. LEXIS 10083

nerve damage can also be considered permanent. Section 440.15(2) contemplates that a person who suffers such
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Kraft, Inc. v. Beltran, 418 So. 2d 1216 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21049

instructions to the deputy to consider the provisions of § 440.15(4)(b), Fla. Stat. relating to “deemed” earning
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City of Miami Beach v. Florida Indus. Comm'n, Special Disability Fund, 105 So. 2d 885 (Fla. Dist. Ct. App. 1958).

Published | District Court of Appeal of Florida

That provision is contained in Fla.Stat., F.S.A., § 440.15(5) (d) 3, reading as follows: “Permanent disability
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Sasser v. Manatee Cnty. Bd. of Cnty. Commissioners, 587 So. 2d 583 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 10439, 1991 WL 204604

appellant’s claim based upon application of section 440.15(3)(b)5, Florida Statutes (1989) 1, appears
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Taylor v. Int'l Paper Co., 404 So. 2d 808 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21242

partial disability to the schedule set forth in § 440.15(3)(b), Florida Statutes. We affirm. Claimant contends
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Ferlita v. Florida Art Stucco Corp., 74 So. 2d 893 (Fla. 1954).

Published | Supreme Court of Florida | 1954 Fla. LEXIS 1186

Stucco Corporation. He filed a claim under Section 440.15, Florida Statutes 1941, F.S.A., for disability
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City of Venice v. Van Dyke, 46 So. 3d 115 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 15065, 2010 WL 3909577

Impairment Rating Schedule (enacted pursuant to section 440.15(3)(b)) provides for a rating for “Valvular
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Highlands Cnty. Sch. Bd. v. Carrasquillo, 742 So. 2d 299 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 12456, 1998 WL 689740

with the social security offset provided in section 440.15(9), Florida Statutes (1983), beginning in November
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Gacita v. Holiday Inn, 734 So. 2d 1049 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 12441, 1998 WL 689882

BOOTH and VAN NORTWICK, JJ., concur. . Under section 440.15(3)(b)(2), Florida Statutes (1993), claimants
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Richmond v. Liberty Mut. Ins. Co., 420 So. 2d 360 (Fla. 2d DCA 1982).

Published | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 21301

Insurance Company, alleging, inter alia, that section 440.15(3), Florida Statutes (1981), is unconstitutional
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Stewart v. Pave-Mark, 420 So. 2d 342 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21316

he has satisfied his burden of proof under section 440.15(3)(b)1, 2, Florida Statutes (1979), by *344proving
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Henley v. Cent. Truck Lines, Inc., 178 So. 2d 722 (Fla. 1965).

Published | Supreme Court of Florida | 1965 Fla. LEXIS 2834

pursuant to the Special Disability Fund statute, § 440.15(5) (d) (2), F.S.1961, F.S. A., as said section
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Polk Cnty. Sch. Bd. v. Santana, 718 So. 2d 932 (Fla. 3d DCA 1998).

Published | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 12746, 1998 WL 681306

claimant quit the security guard position. Section 440.15(l)(b), Florida Statutes (Supp.1994) states:
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Cramer v. Brodell Plumbing Co., 661 So. 2d 122 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 10471, 1995 WL 581596

496997] (Fla. 1st DCA Aug. 23, 1995):' WHETHER SECTION 440.15(3)(B)4.D, FLORIDA STATUTES (1991), IS SUBJECT
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Garcia v. Carmar Structural Inc./Feisco, 605 So. 2d 1288 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 10346, 1992 WL 260627

are not in dispute, only the application of section 440.15(3)(b), Florida Statutes, as amended on July
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Wood v. Clean Fuels of Indiana, Inc., 214 F. Supp. 3d 1265 (M.D. Fla. 2016).

Published | District Court, M.D. Florida | 2016 WL 5791240, 2016 U.S. Dist. LEXIS 137550

of benefits to injured workers. See Fla. Stat. § 440.015. Based on the foregoing, Clean Fuels has not complied
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Protegrity Servs., Inc. v. Kourtakis, 827 So. 2d 359 (Fla. 1st DCA 2002).

Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 14295, 2002 WL 31203613

amount of temporary benefits allowed under section 440.15 and thereafter sought additional indemnity
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Moore v. Hillsborough Cnty. Sch. Bd., 832 So. 2d 134 (Fla. 1st DCA 2002).

Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 14305, 2002 WL 31202141

because she voluntarily limited her income. Under section 440.15(3)(a)3., Florida Statutes (Supp.1994), “[a]n
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Interior Custom Concepts v. Slovak, 969 So. 2d 1095 (Fla. 1st DCA 2007).

Published | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 17236, 2007 WL 3166940

exercised more than once every calendar year. § 440.15(l)(e)(l), Fla. Stat. (1999). Additionally, Pursuant
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Reed v. Bay Con Gen., Inc., 496 So. 2d 963 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2310, 1986 Fla. App. LEXIS 10417

worker must suffer “any permanent impairment.” Section 440.-15(3)(b)l, Florida Statutes. The uncontra-dicted
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Orange Cnty. Sheriff's Off. v. Steib, 701 So. 2d 117 (Fla. 5th DCA 1997).

Published | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 12234, 1997 WL 672501

appellee’s claim for “full pay status” pursuant to section 440.15(12), Florida Statutes (1995). See Williams
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Doral Country Club v. Gonzalez, 496 So. 2d 957 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2297, 1986 Fla. App. LEXIS 10426

obtained work commensurate with his abilities. Section 440.15(3)(b)2 states: “In the event the employee voluntarily
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Hillsborough Cnty. Employees Credit Union v. Tamargo, 477 So. 2d 652 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2442, 1985 Fla. App. LEXIS 5909

did not limit his income, (emphasis supplied) Section 440.15(3)(b)2, P.S. Anderson v. S & S Diversified
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B.F. v. AMS Staff Leasing, 54 So. 3d 502 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 16540, 2010 WL 4273365

...Currently, the workers’ compensation law is administered by the Department of Financial Services, the Agency for Health Care Administration, the Office of Insurance Regulation, the Department of Education, and the Division of Administrative Hearings, all of which are headquartered in Tallahassee. § 440.015, Fla....
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Bowman v. Goodwill Indus., Inc., 202 So. 3d 463 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 16052

disability benefits under the apportionment statute, section 440.15(5)(b), Florida Statutes (2013). We reverse
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Brockman v. Dade Div.-Am. Hosp. Supply, 389 So. 2d 344 (Fla. 3d DCA 1980).

Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 17864

condition occurred so as to entitle her, under Section 440.15(5)(c), Florida Statutes (1977), to a greater
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Jones v. City of St. Petersburg, 46 So. 3d 637 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 16161, 2010 WL 4157224

...enalty entitlement whenever an employer or carrier voluntarily accepts a claimant as permanently and totally disabled retroactive to an earlier date is inconsistent with legislative intent that the workers' compensation system be self-executing. See § 440.015, Fla....
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Wolf v. City of Altamonte Springs, 148 So. 2d 13 (Fla. 1962).

Published | Supreme Court of Florida

compensation which is governed by the statute. Section 440.15 Florida Statutes, F.S. A. requires compensation
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Kathleen Weaver Vs Volusia Cnty., Florida (Fla. 5th DCA 2022).

Published | Florida 5th District Court of Appeal

wages while they remained disabled. See generally § 440.15, Fla. Stat. (2019). The passage of section
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Hallett v. Westover Arms Apt. Hotel, 168 So. 2d 544 (Fla. 1964).

Published | Supreme Court of Florida

the applicable provisions of the statute are Section 440.15 (5) (c) and (d), Florida Statutes 1961, F.
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Esad Babahmetovic v. Scan Design Florida Inc/ Zenith Ins. Co., 176 So. 3d 1006 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal

particular *1009medical and indemnity benefits. ■ See § 440.15(5)(b), Fla. Stat. (2013) (“If a com-pensable injury
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Roto-Rooter Servs. Co. v. Sepulveda, 46 So. 3d 122 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 15802, 2010 WL 4059792

Claimant’s request for additional TPD benefits. See § 440.15(4)(e), Fla. Stat. (2005). This defense was based
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Seibels Bruce v. Elkins, 661 So. 2d 404 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 10918, 1995 WL 607762

employer/earrier (E/C) may not take an offset pursuant to section 440.15(9)(a), Florida Statutes, for social security
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Porteus v. Miami Jockey Club, Inc., 27 So. 2d 674 (Fla. 1946).

Published | Supreme Court of Florida | 158 Fla. 45, 1946 Fla. LEXIS 468

enactment of the 1945 Act. The law in question is Section 440.15 (5) Florida Statutes Annotated. Prior to the
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Wilder v. City of Miami Beach, 993 So. 2d 101 (Fla. 1st DCA 2008).

Published | Florida 1st District Court of Appeal | 2008 WL 4601232

entitlement to supplemental benefits pursuant to section 440.15(3)(b)1., Florida Statutes (Supp. 1994), however
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Delgado v. A. Garcia Harvesting, Inc., 913 So. 2d 78 (Fla. 1st DCA 2005).

Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 16371, 2005 WL 2618598

as entitled to compensation is governed by section 440.15(l)(e), Florida Statutes (2002), our standard
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Patty Davis v. Sheridan Healthcare, Inc. & Sheridan Radiology Servs. of Pinellas, Inc. (Fla. 2d DCA 2019).

Published | Florida 2nd District Court of Appeal

...In this case then, any conflict would resolve in favor of the FCCPA and Davis's claims would be properly brought in circuit court.3 The two statutes' purposes and legislative histories further support our view of their interaction. The purpose of the WCL and its intended application is set out in section 440.015: It is the intent of the Legislature that the Workers' Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an...
...Care Administration], the Office of Insurance Regulation, and the Division of Administrative Hearings shall administer the [WCL] in a manner which facilitates the self-execution of the system and the process of ensuring a prompt and cost-effective delivery of payments." § 440.015. The WCL is "an efficient and self-executing system" intended to ensure "prompt and cost-effective delivery of payments" rather than "economic or administrative burden[s]." § 440.015....
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Thayer v. Chico's FAS, Inc., 98 So. 3d 766 (Fla. 1st DCA 2012).

Published | Florida 1st District Court of Appeal | 2012 WL 4872667, 2012 Fla. App. LEXIS 17891

from post-injury employment for “misconduct.” See § 440.15(4)(e), Fla. Stat. (2009). Here, the JCC rejected
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McDonald Constr. Corp. v. Dion, 457 So. 2d 592 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 9 Fla. L. Weekly 2191, 1984 Fla. App. LEXIS 15480

contributed causally to the wage loss in question. § 440.15(3)(b), Florida Statutes. Claimant’s initial burden
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Cuccarollo v. Gulf Coast Bldg. Contractors, 500 So. 2d 547 (Fla. 1st DCA 1986).

Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2158, 1986 Fla. App. LEXIS 10132

requirements to establish permanent impairment under § 440.15(3)(b)l, Fla.Stat. These findings are supported
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Amendments to the Florida Rules of Workers' Comp. Procedure, 795 So. 2d 863 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

per week. = (Q Impairment benefits due under section 440,15(3)(a),-Florida-Statutes-(-l-97-9)-or (1990)
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Sanchez v. Howard Johnson, 661 So. 2d 379 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 10648, 1995 WL 597427

of a job search to avoid the obligation in section 440.15(3)(b)(2).” Mac Papers, Inc. v. Cruz, 658 So
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Griner-Woodruff, Inc. v. Payne, 457 So. 2d 1120 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 9 Fla. L. Weekly 2187, 1984 Fla. App. LEXIS 15457

voluntarily limited his income. We disagree. Section 440.15(3)(b)2, Florida Statutes (1980), provides that:
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Osceola Cnty. Sch. Bd. v. Boos, 912 So. 2d 667 (Fla. 1st DCA 2005).

Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 16142, 2005 WL 2493396

However, the temporary disability award under section 440.15, Florida Statutes, pertains to compensation
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Smith v. Crest Prods., 643 So. 2d 672 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 9662, 1994 WL 549486

of compensation claims erroneously applied section 440.15(3)(b)5., Florida Statutes (Supp.1990), to bar
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Wimberly v. Creamon's Chevrolet Co., 284 So. 2d 211 (Fla. 1973).

Published | Supreme Court of Florida | 1973 Fla. LEXIS 4276

further find that the employer’s defense that Section 440.-15(5) (c) is a bar to claimant’s recovery of any
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City of Dania Beach & PGCS v. David Zipoli, 204 So. 3d 52 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 15058

entitled to impairment income benefits (IBs) under section 440.15(3), Florida Statutes, and that his “medical
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Bake Lines Trucking, Inc. v. Chester, 404 So. 2d 192 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21197

evaluate claimant prior to an award being made. Section 440.15(2)(b), Florida Statutes (1975), specifically
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Vincent Jones v. Food Lion, Inc. & Risk Mgmt. Servs., 202 So. 3d 964 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 16710

until the expiration of 260 weeks. See § 440.15(4)(c), Fla. Stat. (1991). * Having
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Winn Dixie Stores, Inc. v. Crawford, 376 So. 2d 482 (Fla. Dist. Ct. App. 1979).

Published | District Court of Appeal of Florida

claimant’s “average current earnings” in computing the § 440.15(1), Fla. Stat., compensation offset. The carrier
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Winn Dixie Stores, Inc. v. Linthicum, 376 So. 2d 909 (Fla. Dist. Ct. App. 1979).

Published | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16088

on the claimant’s actual physical impairment. § 440.15(3)(u), Fla. Stat. However, the claimant testified
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Vincent Jones v. Food Lion, Inc. & Risk Mgmt. Servs. (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal

eligible until the expiration of 260 weeks. See § 440.15(4)(c), Fla.
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Jordan v. Smith, 389 So. 2d 1077 (Fla. 1st DCA 1980).

Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 18019

not resulting from the scheduled injuries. Section 440.15, Florida Statutes. See Eques v. Best Knit Textile
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Matthew Marraffino v. Stericycle/Sedgwick CMS, 260 So. 3d 1115 (Fla. 1st DCA 2018).

Published | Florida 1st District Court of Appeal

those addressed in the prior order. Under section 440.15(4)(a), Florida Statutes (2014), TPD benefits
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Homler v. Fam. Auto Mart, 914 So. 2d 1071 (Fla. 1st DCA 2005).

Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 18760, 2005 WL 3178584

take into proper account the provisions of section 440.15(3)(b) and (c), Florida Statutes (2003), requiring
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Strauss v. City of Sarasota, 556 So. 2d 417 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 2747, 1989 Fla. App. LEXIS 6787

received by claimant during the period as provided by § 440.15(3)(b)(l) and (2), Fla. Stat. REVERSED and REMANDED
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Gulf Mgmt., Inc., & Gallagher Bassett Servs., Inc. v. Talmadge Wall (Fla. 1st DCA 2023).

Published | Florida 1st District Court of Appeal

permanent total disability benefits (“PTD”) under section 440.15(1), Florida Statutes. Gulf Management asserts
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Eaton v. City of Winter Haven, 101 So. 3d 405 (Fla. 1st DCA 2012).

Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 20247, 2012 WL 5907076

prove affirmative defense of apportionment). Section 440.15(5)(b), Florida Statutes (2008), addresses apportionment
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Brannon v. Marion Cnty. Sheriff's Off., 391 So. 2d 253 (Fla. 1st DCA 1980).

Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 18222

briefs and the record, we find that pursuant to § 440.15(5)(c), Fla.Stat. (1975), the rate of compensation
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Rich v. Com. Carrier Corp., 422 So. 2d 1011 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21687

the prerequisite to wage loss benefits under Section 440.15(3)(b), Florida Statutes. See Deinema v. Pierpoint
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Johnson v. J. B. McCrary Co., 305 So. 2d 759 (Fla. 1974).

Published | Supreme Court of Florida | 1974 Fla. LEXIS 4108

here, which is controlled by a different statute, § 440.15(1). In Chaffee, we took great pains to point out
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Beauregard v. Commonwealth Elec., 440 So. 2d 460 (Fla. 1st DCA 1983).

Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 23555

impairment benefits of $1,200 in accordance with section 440.-15(3)(a), Florida Statutes (1981), and he asserts
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Donahue v. CTL Distrib., 682 So. 2d 1218 (Fla. 2d DCA 1996).

Published | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 12123, 1996 WL 670470

deemed earnings provision). Because nothing in section 440.15(3)(b), Florida Statutes (Supp.1988), or the
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McCabe v. Bechtel Power Corp., 645 So. 2d 1065 (Fla. 3d DCA 1994).

Published | Florida 3rd District Court of Appeal | 1994 Fla. App. LEXIS 11152, 1994 WL 645486

of the “deemed earning ability” provision, section 440.15(4)(b), Florida Statutes, in regard to the claim
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Integrated Administrators v. Sackett, 799 So. 2d 448 (Fla. 1st DCA 2001).

Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 16258, 2001 WL 1450718

on temporary indemnity benefits set forth in section 440.15(2), Fla. Stat. (Supp.1996). The JCC erred in
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Brown v. Nesco Serv. Co., 701 So. 2d 427 (Fla. 3d DCA 1997).

Published | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 12772, 1997 WL 705651

payments effective May 27, 1996, notwithstanding section 440.15(9), Florida Statutes (1995), which provides
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Okeechobee Restaurant v. de la Nuez, 459 So. 2d 411 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 9 Fla. L. Weekly 2377, 1984 Fla. App. LEXIS 16589

even light work due to physical limitations. Section 440.15(l)(b), Fla.Stat.; Frank’s Fine Meats v. Sherman
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Special Disability Trust Fund v. Southland Corp., 322 So. 2d 900 (Fla. 1975).

Published | Supreme Court of Florida | 1975 Fla. LEXIS 4391

the previous permanent physical impairment. F.S. 440.15(5) (d)(3) (1955)." (Emphasis supplied.) The wording
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Smith v. Ams Staff Leasing, 29 So. 3d 1142 (Fla. 2d DCA 2009).

Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 17083, 2009 WL 3787095

...Once that employer complied the petition would be moot, and the employer would arguably escape responsibility for costs and fees. This scenario would be contrary to the legislative intent manifested in the statutory framework of workers' compensation. Section 440.015 states: "It is the intent of the Legislature that the Workers' Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's ret...
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Cumberland Farms Dairy, Inc. v. Szajbler, 390 So. 2d 1214 (Fla. 1st DCA 1980).

Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 18178

due to a “catastrophic loss” as defined by Section 440.15(2)(c), Florida Statutes (1978). The deputy
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Randall v. Diamond, 215 So. 2d 729 (Fla. 1968).

Published | Supreme Court of Florida | 1968 Fla. LEXIS 2080

wage earning capacity. Therefore, pursuant to F.S. 440.15(3)(u) [F.S.A.], the claimant is entitled to receive
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Hawkins v. Publix Super Markets, Inc., 177 So. 3d 1045 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 16921, 2015 WL 7007996

during the continuance of a refusal of employment. § 440.15(6), Fla. Stat. (2008). See also A. Duda & Sons
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D.C. Gen. Contractors v. Blount, 588 So. 2d 674 (Fla. 1st DCA 1991).

Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 11388, 1991 WL 231773

awarded accrued prior to the 1988 amendment to section 440.15(3)(b)1, Florida Statutes. The judge was therefore
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Power Plant Maint. v. Mercado, 720 So. 2d 298 (Fla. 4th DCA 1998).

Published | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 14168, 1998 WL 777065

during his periods of incarceration. Under section 440.15(9), Florida Statutes (1995), if an employee
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Velasquez v. Malaja Constr., Inc., 720 So. 2d 302 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 14165, 1998 WL 777058

weeks for each percentage point of impairment.” § 440.15(3)(a)3.a., Fla. Stat. (1995). At issue as a factual
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Pete Butts Painting v. Golden, 421 So. 2d 774 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21606

instead of temporary total disability benefits. Section 440.15(4), Fla.Stat. (1979). The monetary result is
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Stokes v. Schindler Elevator Corp./Broadspire, 60 So. 3d 1110 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 6601, 2011 WL 1744156

compensation cases shall be decided on their merits.” § 440.015, Fla. Stat. (Supp.1990). See Pic N’ Save Cent
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Winn Dixie v. Ross, 654 So. 2d 637 (Fla. 5th DCA 1995).

Published | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 4988, 1995 WL 264044

upon the degree of permanent impairment, see section 440.15(3)(b)4.d. (Supp.1990), this change in accident
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Lawrence v. O.B. Cannon & Sons, Inc., 579 So. 2d 812 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4401, 1991 WL 75559

unnecessary to the holding, which indicated that Section 440.15(5), Florida Statutes (1979), bars apportionment
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Forklifts of Cent. Florida v. Beringer, 560 So. 2d 1362 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3254, 1990 WL 61938

division of liability for permanent benefits under Section 440.15(5)(a), Florida Statutes. When dividing responsibility
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Pepsi Bottling Grp., Inc. v. Underwood, 8 So. 3d 1260 (Fla. 1st DCA 2009).

Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 4312, 2009 WL 1230573

benefits paid during this period pursuant to section 440.15(12), Florida Statutes (2004). At a hearing
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Gill v. U.S. Agri-Chemicals, 561 So. 2d 371 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3083, 1990 WL 57801

application of the deemed earnings provision of section 440.15(3)(b)2. Deemed earnings principles should be
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Phillips-Huter v. Amstaff Human Resources, 116 So. 3d 466 (Fla. 1st DCA 2013).

Published | Florida 1st District Court of Appeal | 2013 WL 1859174, 2013 Fla. App. LEXIS 7288

entitlement to PTD benefits, as set forth in section 440.15(1), Florida Statutes (2003), and Blake v. Merck
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Carcamo v. Bus. Representation Int'l, 37 So. 3d 901 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 6960, 2010 WL 1794120

presuppose claimant was not at MMI at that time. See § 440.15(4)(a), Fla. Stat. (2006). Had the JCC accepted
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Gusmano v. J & A Assocs., 692 So. 2d 993 (Fla. 2d DCA 1997).

Published | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 4885, 1997 WL 222395

would be entitled to a set-off under former section 440.15(4)(b)(1985), because the employee was voluntarily
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Bertram Yacht v. Vives, 383 So. 2d 266 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16607

compensation to the “schedule of benefits provided by § 440.-15(3), F.S.”, remanding for entry of an- order in
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Marks v. State, 414 So. 2d 13 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19926

the use of the 350-week schedule provided in section 440.-15(3)(u)(l), Florida Statutes (1978 Supp.), as
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Izquierdo v. Volkswagen Interamericana, 450 So. 2d 602 (Fla. 1st DCA 1984).

Published | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 13306

and in denying wage-loss benefits pursuant to section 440.15(3)(b)3d, Florida Statutes (1979). We affirm
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Esad Babahmetovic v. Scan Design Florida Inc/ Zenith Ins. Co. (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal

particular medical and indemnity benefits. See, e.g., § 440.15(5)(b), Fla. Stat. (2013) established, an E/C
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Dep't of Labor & Emp. Sec., Div. of Workers' Comp. v. Bradley, 636 So. 2d 802 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4048

...Resolution of the first issue requires consideration of the agency’s rulemaking authority; and the principles governing the exercise of that authority. Legislative intent with respect to the workers’ compensation law at issue here is set forth in section 440.015, Florida Statutes 3 , which states in relevant part: It is the intent of the Legislature that the Workers’ Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker at a reasonable cost to the employer....
...6(l)(e) would preclude payment to the primary care physician for physical medicine services. To the extent that the rule proscribes payment to two health care providers for the same service, it is reasonably related to the cost containment intent of section 440.015, and is neither arbitrary nor capricious....
...record. In addition, the order misconstrues the effect of the proposed rules. We conclude the Division’s interpretation of its proposed rules is a permissible construction that comports with, and effectuates, clearly-stated legislative intent. See § 440.015, Fla.Stat....
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Hayes v. Tropicana Prods., Inc., 449 So. 2d 405 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13017

AFFIRMED. See section 440.15(7), Florida Statutes (1981), now codified as section 440.15(6), Florida Statutes
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Tramontana v. Tampa Steel Erecting Co., 450 So. 2d 557 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13013

Har-dee denied rehabilitative benefits under section 440.15(2)(b), Florida Statutes (1977) on the grounds
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Irwin Yacht & Marine Corp. v. Piernik, 675 So. 2d 975 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 5478, 1996 WL 278833

subject to social security offset pursuant to section 440.15(9)(a), Florida Statutes (1987). E/C contend
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Cotoia v. Days Inn West, 673 So. 2d 971 (Fla. 1st DCA 1996).

Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 5459, 1996 WL 277070

1st DCA 1995) (“[T]he judge properly applied section 440.15(3)(b)4.d. as a cumulative limitation on eligibility
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Div. of Workers' Comp. v. Hansborough, 507 So. 2d 785 (Fla. 3d DCA 1987).

Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1337, 1987 Fla. App. LEXIS 8420

entitlement to supplemental benefits payable under section 440.15(l)(e)l, Florida Statutes. The Division stopped
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San Juan v. Hart Props., Inc., 248 So. 2d 466 (Fla. 1971).

Published | Supreme Court of Florida | 1971 Fla. LEXIS 3712

diminution of wage earning capacity. Note F.S. Section 440.15(3) (u), F.S.A. The amendment at the 1970 legislative
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Cory Fairbanks Mazda v. Minor, 192 So. 3d 596 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 WL 3001809, 2016 Fla. App. LEXIS 7984

benefits because she was terminated for misconduct. § 440.15(4)(e), Fla. Stat. . Claimant underwent two psychiatric
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Colvin v. Colvin, 544 So. 2d 269 (Fla. 1st DCA 1989).

Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 1260, 1989 Fla. App. LEXIS 2814, 1989 WL 52826

ground that the claim was not timely under section 440.15(3)(b). We reverse and remand for a determination
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Hernandez v. Equip. Co. of Am. Adjusto, 452 So. 2d 85 (Fla. 1st DCA 1984).

Published | Florida 1st District Court of Appeal

entitled to catastrophic loss benefits pursuant to section 440.15(2)(b), Florida Statutes (1979). Because we
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Am. Airlines Grp. Am. Airlines & Sedgwick CMS v. Alejandro Lopez (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

of benefits: indemnity benefits, governed by section 440.15 of the Florida Statutes; and remedial treatment
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Capps v. Buena Vista Constr. Co., 786 So. 2d 71 (Fla. 1st DCA 2001).

Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 7033, 2001 WL 530539

...The claimant said he had gotten paid for the methadone with cash from his own resources and got receipts. The most recent information in the record disclosed the cost of the daily dosage is $10.00, or $70.00 weekly. . The Center is a 10-mile drive each way for the claimant. . Although the Florida Legislature has stated in section 440.015, Florida Statutes (Supp....
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North Broward Hosp. Dist. v. Gavagan, 398 So. 2d 1006 (Fla. 2d DCA 1981).

Published | Florida 2nd District Court of Appeal | 1981 Fla. App. LEXIS 19906

commissioner’s computations and application of Section 440.15(3)(u)(3), Florida Statutes (1978), correctly
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AT&T Commc'ns & Sedgwick CMS v. Victoria Murray Rosso, 217 So. 3d 1183 (Fla. 1st DCA 2017).

Published | Florida 1st District Court of Appeal | 2017 WL 1655233, 2017 Fla. App. LEXIS 6125

...Accordingly, we AFFIRM in part the order below, but REVERSE the award of home renovations. LEWIS and B.L. THOMAS, JJ., CONCUR; ROWE, J., CONCURS IN RESULT WITH OPINION. In 1990, the legislature adopted language stating that neither the facts nor the law is to be liberally construed in favor of either party. § 440.015, Fla....
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Hernando Cnty. Bd. of Cnty. Commissioners v. Gleaton, 449 So. 2d 935 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13136

long past the time statutorily required by section 440.-15(3)(a)2. That determination along with employer/carrier’s
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T.G. Lee Foods, Inc. v. Farley, 544 So. 2d 265 (Fla. 1st DCA 1989).

Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 1225, 1989 Fla. App. LEXIS 2815

evidence to support a determination, pursuant to section 440.15(3)(b)2, Florida Statutes, that appellee’s wage
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Patrick v. Palm Aire Constr. of Sarasota, Inc., 431 So. 2d 304 (Fla. 1st DCA 1983).

Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 20716

benefits due to the proscriptive language of Section 440.15(3)(b) 3d, Florida Statutes (1979), barring
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In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996).

Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Temporary total disability benefits, under section 440.15(2)(b), Florida Statutes (1979) or (1990) (circle
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Harris Corp. v. Gary, 695 So. 2d 800 (Fla. 3d DCA 1997).

Published | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 5125, 1997 WL 243423

to permanent total disability benefits under section 440.15(l)(b), Florida Statutes (Supp.1994), we affirm
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Boyle Constr. Co. v. Clay, 468 So. 2d 527 (Fla. 1st DCA 1985).

Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1188, 1985 Fla. App. LEXIS 14235

conditions or the unavailability of employment. § 440.-15(3)(b)(2), Fla.Stat. (1983); City of Clermont v
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Dep't of HRS/Juv. Just. v. Sickinger, 693 So. 2d 128 (Fla. 1st DCA 1997).

Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 5001, 1997 WL 240920

appellee’s claim for “full-pay status” pursuant to section 440.15(11), Florida Statutes (1993). See Williams
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Dep't of Juv. Just. v. Rivera, 693 So. 2d 128 (Fla. 1st DCA 1997).

Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 4995, 1997 WL 240929

appellee’s claim for “full-pay status” pursuant to section 440.15(11), Florida Statutes (1991). See Williams
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Hood v. Pinellas Cnty. Sch. Bd., 674 So. 2d 816 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 5551, 1996 WL 241574

forms did not meet the specific requirements of section 440.15(3)(b), Florida Statutes (1990 Supp.). The JCC
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Aguiar v. Doral Hotel & Country Club, 599 So. 2d 698 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5363, 1992 WL 98577

weekly earnings of $623.80,” in contravention of Section 440.15(4)(a) and (b), Florida Statutes (1987). Second
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City of Fernandina Beach v. Sch. Bd. of Nassau Cnty., 488 So. 2d 871 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1103, 1986 Fla. App. LEXIS 7780

BARFIELD, Judge. Appellants assert that section 440.15(5), Florida Statutes (1979), as interpreted by
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Metro. Dade Cnty., Bd. of Cnty. Commissioners v. Wyche, 383 So. 2d 315 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16618

hernia did not appear suddenly as required by § 440.15(6)(b), Florida Statutes, or immediately following
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Maria Suarez v. Steward Enter. & Travelers Ins. Co., 164 So. 3d 132 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal

...mum fee allowable under law, the legal principles used to determine whether the harm is the sort warranting certiorari relief should be the same. 8 an efficient, non-burdensome, self-executing system, see section 440.015, I conclude that Claimant has established irreparable harm sufficient for certiorari review, even if barely so. 9
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South Florida Prestressed v. Pollock, 525 So. 2d 963 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1126, 1988 Fla. App. LEXIS 1965, 1988 WL 47243

erred in rejecting its argument that under section 440.15(6), Florida Statutes (1983), the claimant is
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Sheaffer v. Publix Super Markets, Inc./Hartford, 109 So. 3d 308 (Fla. 1st DCA 2013).

Published | Florida 1st District Court of Appeal | 2013 WL 856706, 2013 Fla. App. LEXIS 3763

take into proper account the provisions of section 440.15(3)(b) and (c), Florida Statutes (2008), requiring
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Florida Coll. v. Wilsher, 410 So. 2d 969 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19392

accident. The application and interpretation of Section 440.-15(5)(b), Florida Statutes (1977), is required
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Christopher v. Dobbs Houses, Inc., 411 So. 2d 267 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19390

presented a claim for wage-loss benefits pursuant to § 440.-15(3)(b). During the course of the hearing the deputy
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Associated Indus. Ins. v. Fed. Ins. Co., 707 So. 2d 880 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 2143, 1998 WL 93940

Hem-ley’s workers’ compensation benefits. “Although Section 440.15(5)(a) bars apportionment of temporary disability
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B. F. Diamond Constr. Co. v. Harrell, 400 So. 2d 20 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 22124

remanded for additional findings of fact. Section 440.-15(4), Florida Statutes (Supp.1978) provides the
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White v. State, 134 So. 3d 1134 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal | 2014 WL 847848, 2014 Fla. App. LEXIS 2968

benefits to satisfy its liabilities incurred under section 440.15(3)(a), Florida Statutes (2011), during the
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Transmed, Inc. v. Botts, 867 So. 2d 577 (Fla. 1st DCA 2004).

Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 2664, 2004 WL 393230

authorization also has not been contested. . Former section 440.15(3)(b)(2), Florida Statutes (1979). Although
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Stanley Steemer Int'l v. Prescott, 615 So. 2d 211 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 2427, 1993 WL 55643

JCC declined to apply the subpara-graph of section 440.15(3)(b) which provides that commissions and similar
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Milky Way Farms v. Stitt, 410 So. 2d 634 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19400

partial or wage-loss” benefits. Under either Section 440.15(3)(b) or 440.-15(4)(a), Florida Statutes (1979)
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Thomas Eckert v. Pinellas Cnty. Sheriff's Off./Pinellas Cnty. etc., 215 So. 3d 161 (Fla. 1st DCA 2017).

Published | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 4411

rate. We reverse. The statute at issue is section 440.15(3)(c), Florida Statutes (2009), and the pertinent
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J.J. Cater Furniture Co. v. Walker, 634 So. 2d 285 (Fla. 1st DCA 1994).

Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 3054, 1994 WL 106113

total disability supplemental benefits under section 440.15(l)(e)l, Florida Statutes. After mistakenly
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McRae v. Jerry's Caterer, 429 So. 2d 418 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18952

constitutional issue raised as to the validity of Section 440.15(3)(b) 3.d. Florida Statutes (1980), which terminates
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Deep South Prods. v. Beach, 616 So. 2d 156 (Fla. 3d DCA 1993).

Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 3612, 1993 WL 88673

intoxicated (DUI), due to the operation of Section 440.-15(3)(b)(6), Florida Statutes (Supp.1990). We
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Langevin v. First Union Nat'l Bank, 60 So. 3d 426 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2698, 2011 WL 722603

used to establish catastrophic injury under section 440.15(l)(b), Florida Statutes. See, e.g., Butler
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State, Dep't of Pub. Health, Div. of Risk Mgmt. v. Wilcox, 504 So. 2d 444 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 665, 1987 Fla. App. LEXIS 7118

taking a social security set-off pursuant to section 440.-15(9), Florida Statutes (1985). We disagree with
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De Russo v. City of Fort Lauderdale, 652 So. 2d 1207 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 3189, 20 Fla. L. Weekly Fed. D 794

only eligible for fifty-two weeks of WL benefits. § 440.15(3)(b)4d(II), Fla.Stat. (Supp.1990). De Russo also
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Atl. Sugar Ass'n v. Raga, 652 So. 2d 508 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 3187, 1995 WL 132332

wage-loss forms were not timely submitted under section 440.15(3)(b)2, Florida Statutes (1991). We reverse
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All Am. Pools 'N Patio v. Zinnkann, 429 So. 2d 733 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18943

purposes of permanent impairment benefits under § 440.-15(3)(b), the post-1979 equivalent of PPD, the date
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Purolator Courier Corp. v. Hess, 412 So. 2d 897 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19568

does not apply to the case at bar. Instead, Section 440.15(2)(a) applies. That section was effective August
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LGH Constr. Co. v. Gonzalez, 466 So. 2d 401 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 802, 1985 Fla. App. LEXIS 13158

claimant, catastrophic loss benefits pursuant to Section 440.-15(2)(b), Florida Statutes (1983). We reverse
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Stahl v. Hialeah Hosp., 160 So. 3d 519 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 4294, 2015 WL 1422502

...We disagree, because both amendments withstand rational basis review, in that the copay provision furthers the legitimate stated purpose of ensuring reasonable medical costs after the injured worker has reached a maximum state of medical improvement, and PPD benefits were supplanted by impairment income benefits. See, e.g., § 440.015, Fla....
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Murphy v. Ne. Drywall, 692 So. 2d 918 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 2731, 1997 WL 131605

PI for injuries occurring after June 30, 1990.6 § 440.15(3)(b)(4), Fla.Stat. (1993). For example, one who
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Waddell v. USS Agri-Chemicals, 523 So. 2d 683 (Fla. 1st DCA 1988).

Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 769, 1988 Fla. App. LEXIS 1274, 1988 WL 27804

based on the ground that the claim is barred by section 440.15(3)(b)3.a., Florida Statutes (1981), which provides
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Hillsborough Cnty. Sch. Bd. v. Special Disability Trust Fund, 596 So. 2d 483 (Fla. 1st DCA 1992).

Published | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 3542, 1992 WL 59219

total disability benefits paid pursuant to section 440.15(1)(e), Florida Statutes (Supp.1984). This court
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Terhune v. North Bros. Co., 504 So. 2d 499 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 841, 1987 Fla. App. LEXIS 7306

voluntarily limit his income within the meaning of Section 440.-15(4)(b), Florida Statutes, and is entitled to
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Jewell v. Gevity HR, 57 So. 3d 918 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 3915, 2011 WL 1045110

3d 792, 795-96 (Fla. 1st DCA 2010), we held section 440.15(5)(b), Florida Statutes (2008),1 permits apportionment
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Elite Tile & Marble v. Burnett, 731 So. 2d 725 (Fla. 1st DCA 1999).

Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 3390, 1999 WL 152461

to the actual limitation of the offset under section 440.15(9)(a)”), and Brown v. L.P. Sanitation, 689
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Woodbury v. Southland Corp., 652 So. 2d 467 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 2977, 1995 WL 121492

compensable accident; that the 1990 amendments to section 440.15, Florida Statutes, precluded an award of permanent
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Refrigerated Transp. Co. v. Edmond, 428 So. 2d 338 (Fla. 4th DCA 1983).

Published | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 18894

Co., 417 So.2d 740 (Fla. 1st DCA 1982); and section 440.15(3)(a)3, Fla.Stat. (1979). Claimant contends
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G & W Wood Prods. v. Parrott, 447 So. 2d 407 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12379

disability precluded payment of wage loss benefits. Section 440.15(l)(b), Florida Statutes (Supp.1980), places
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Ardmore Farms v. Smith, 504 So. 2d 483 (Fla. 4th DCA 1987).

Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 802, 1987 Fla. App. LEXIS 7297

(3) that the deputy erred in failing to apply section 440.15(5). We agree with appellants’ first argument
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Van Dyke v. Matrix Emp. Leasing, 54 So. 3d 642 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2641, 2011 WL 715001

had work restrictions as of March 1, 2005. See § 440.15(4)(a), Fla. Stat. (2008) (stating TPD payable
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Dixie v. Campbell, 732 So. 2d 393 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 3317, 1999 WL 147319

permanently and totally disabled pursuant to section 440.15(l)(b) and section 440.02(34)(f), Florida Statutes
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Crowder v. Jacksonville Transit Auth., 669 So. 2d 1101 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 2578, 21 Fla. L. Weekly Fed. D 684

the prior accident liable for these benefits. Section 440.15(3)(b), Florida Statutes (1989), conditions
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Southland Corp. v. Hunt, 465 So. 2d 1329 (Fla. 1st DCA 1985).

Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 721, 1985 Fla. App. LEXIS 13041

physical limitation,” the standard required by Section 440.15(l)(b), Florida Statutes. The medical evidence
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Brandon v. Hillsborough Cnty. Sch. Bd., 447 So. 2d 982 (Fla. 4th DCA 1984).

Published | Florida 4th District Court of Appeal | 16 Educ. L. Rep. 1435, 1984 Fla. App. LEXIS 12259

prove any permanent impairment in accordance with § 440.15(3)(a)3, Florida Statutes,_ It is reasonably clear
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Zebley v. Stuart Nissan, 576 So. 2d 851 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2301, 1991 WL 35451

of a cervical disc is an “amputation” under Section 440.15(3)(a), Florida Statutes (1987). We agree with
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Jerry v. Farm Stores, Inc., 576 So. 2d 405 (Fla. 1st DCA 1991).

Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 2247, 1991 WL 35453

a “deemed earnings” basis only pursuant to Section 440.15(4)(b), Florida Statutes. The claimant argues
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Flanigan's Enter., Inc. v. Pont, 395 So. 2d 1217 (Fla. 2d DCA 1981).

Published | Florida 2nd District Court of Appeal | 1981 Fla. App. LEXIS 20238

that he was entitled to wage-loss benefits under § 440.15(3)(b)(l), Fla.Stat. (1979). The Deputy ruled that
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Ruben Rodriguez v. Tallahassee Fire Dep't/ City of Tallahassee, 240 So. 3d 788 (Fla. 1st DCA 2018).

Published | Florida 1st District Court of Appeal

to an injury or condition using the Guide. See § 440.15(3)(b)-(c), Fla. Stat. (2013); Fla. Admin. Code
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Hill v. Baptist Hosp., 464 So. 2d 1350 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 710, 1985 Fla. App. LEXIS 13027

which the deputy determined, relying upon Section 440.15(10)(a), Florida Statutes (Supp.1982), to be
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Horne v. Sales, 464 So. 2d 261 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 678, 1985 Fla. App. LEXIS 13018

and without finding, as required even by amended § 440.15(3)(b)2, that claimant did not show a prima facie
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Harrell v. Florida State Univ., 427 So. 2d 1089 (Fla. 1st DCA 1983).

Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18831

taken or for recomputation consistent with Section 440.15(10), Florida Statutes. BOOTH and NIMMONS, JJ
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Jefferson Stores, Inc. v. Cromes, 429 So. 2d 368 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18836

of “any permanent impairment” [e.s.], see Section 440.-15(3)(b)1, Florida Statutes (1979); and Clay Hyder
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Electone, Inc. v. Walsh, 447 So. 2d 954 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12242

basis for an award of wage loss benefits. Section 440.-15(3)(b), Florida Statutes, requires that a claimant
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Nicole Payne v. Allstaff Inc/Summit (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

and February 2017. TPD benefits under section 440.15(4)(a), Florida Statutes (2016), are payable
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D.K. Network, Inc. v. Biasi, 706 So. 2d 946 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 2485, 1998 WL 106962

grant Employer/Carrier an offset, pursuant to section 440.15(4), Florida Statutes (1994), for Claimant’s
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Brice S., Inc. v. Cancino, 447 So. 2d 367 (Fla. 2d DCA 1984).

Published | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 12146

to be a result of his injury as required by section 440.15(4)(b). There is no competent substantial evidence
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Metro. Dade Cnty. v. Aydelotte, 395 So. 2d 271 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19646

claimant would be entitled to benefits for 70 weeks.3 § 440.15(3)(u)(2), Fla.Stat. (Supp. 1978). Because we are
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Ken Lones Landscaping v. Tucker, 395 So. 2d 272 (Fla. 1st DCA 1981).

Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 19647

temporary total disability.1 Florida Statutes § 440.15 provides benefits of sixty-six and two-thirds
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Stand. Brands v. Coomer, 575 So. 2d 1356 (Fla. 1st DCA 1991).

Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 1932, 1991 WL 30420

judge erred in awarding wage-loss benefits. Section 440.15(3)(b)2, Florida Statutes (1989),1 provides
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Disco 95, Inc. v. Calderone, 427 So. 2d 1084 (Fla. 1st DCA 1983).

Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 20203

cross-appeal challenging the constitutionality of Section 440.15(3). This statutory provision has been considered
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Steed v. Liberty Mut. Ins., 355 So. 2d 1239 (Fla. Dist. Ct. App. 1978).

Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15055

HOBSON, Acting C. J., and RYDER, J., concur. . § 440.15(3)(u), Fla.Stat. (1975), applies and provides
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Holl v. United Parcel Serv., 140 So. 3d 1062 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 8789, 2014 WL 2565921

benefits beyond the 401-week limitation in section 440.15(3)(c), Florida Statutes (2002). The applicable
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Brevard Cnty. Sch. Bd. v. Acosta, 141 So. 3d 233 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 8788, 2014 WL 2565925

reemployment at a reasonable cost to the employer.” § 440.015, Fla. Stat. (2012). Here, in the medical opinion
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Gibson-Homans Co. v. Henderson, 433 So. 2d 602 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20220

sentence of the last paragraph. Subject to Section 440.15(3)(b), Florida Statute (1980), the case is
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Chisholm v. McCormick, Conduit, Buckley, 437 So. 2d 699 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19565

claim.3 BOOTH and WIGGINTON, JJ., concur. . Section 440.15(l)(b), Florida Statutes (1979), provides in
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Hartford Accident & Indem. Co. v. Special Disability Fund, 249 So. 2d 673 (Fla. 1971).

Published | Supreme Court of Florida | 1971 Fla. LEXIS 3629

relation to the Special Disability Fund under Section 440.15 of the Florida Statutes. * * * ” (Emphasis
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Gates Energy Prods. v. Wheeler, 637 So. 2d 1000 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 5560, 1994 WL 244525

of his usual or other appropriate employment.” § 440.-15(3)(b), Fla.Stat. (1989). The schedules required
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Glennon v. East Bay Country Club, 414 So. 2d 1128 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20232

loss was the result of her compensable injury. § 440.15(3)(b)2, Fla. Stat. (1979). We, therefore, reverse
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Butler's Dairy v. Honeycutt, 452 So. 2d 120 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13475

1984), in support of their position. However, section 440.15(l)(b) (1979) does not require, nor does Frank’s
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Flowers v. Above-All-Roofing, Inc., 737 So. 2d 594 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 8656, 1999 WL 435197

vocational evaluation of the claimant pursuant to section 440.15(l)(e) and section 440.491, Florida Statutes
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Aquarius Condo. Assoc. v. Ramirez, 509 So. 2d 1204 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1597, 1987 Fla. App. LEXIS 9130

total disability under the statutory standards. Section 440.15(1), Florida Statutes (1982 Supp.). The order
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Bell v. Univis, Inc., 201 So. 2d 543 (Fla. 1967).

Published | Supreme Court of Florida | 1967 Fla. LEXIS 3680

compensation benefits due the petitioner pursuant to Section 440.-15(5) Florida Statutes, F.S.A., consistent with
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Boyd v. Hudson Pulp & Paper Corp., 177 So. 2d 331 (Fla. 1965).

Published | Supreme Court of Florida | 1965 Fla. LEXIS 3005

fails to meet the requirements of Florida Statutes § 440.15(6), F.S.A.,1 relating to hernias. The majority
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Fountain Motor Co. v. Zibrin, 526 So. 2d 182 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1332, 1988 Fla. App. LEXIS 2329, 1988 WL 55787

This subsection, read in pari materia with section 440.15(3)(a), makes plain that findings of permanent
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HDV Constr. Sys., Inc. v. Aragon, 66 So. 3d 331 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 10042, 2011 WL 2535337

residence due to his physical limitations. See § 440.15(l)(b)5., Fla. Stat. (2007). This court has stated
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Morrow v. Amcon Concrete, Inc., 452 So. 2d 934 (Fla. 1984).

Published | Supreme Court of Florida | 1984 Fla. LEXIS 3137

1983), to uphold the constitutionality of section 440.-15(3)(b)4., Florida Statutes (1979) * against
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S. Freightways v. Reed, 416 So. 2d 26 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20403

work-related impairment and his wage loss. See Section 440.15(3)(b)2. The order gives the impression that
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Consultants & Designers v. Brown, 697 So. 2d 1228 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 7254, 1997 WL 352893

from the hospital through April 16, 1992. See § 440.15(4)(a), Fla.Stat. (1991) (“In ease of temporary
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Hernando Cnty. Sheriff's Off. v. Sikalos, 141 So. 3d 1236 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 9624, 2014 WL 2874297

receiving temporary total disability benefits under section 440.15(2), Florida Statutes (2011). His average weekly
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Brock v. Sey Constr. Corp., 237 So. 2d 160 (Fla. 1970).

Published | Supreme Court of Florida | 1970 Fla. LEXIS 2711

whether the Judge com*163plied with Fla.Stat. § 440.15(3) (u), F.S.A., which states in part: “ ‘disability’
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Elder v. West Boca Med. Ctr., 904 So. 2d 637 (Fla. 1st DCA 2005).

Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 9737, 2005 WL 1467333

proof in permanent total disability claims. See § 440.15(1)(b), Fla. Stat. (2001) (“Only a catastrophic
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Sarakoff v. Broward Cnty. Sch. Bd., 736 So. 2d 1232 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 8333, 1999 WL 414256

The court in Merritt explained that under section 440.15(10), the set-off for social security benefits
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Dep't of Transp. v. Hogan, 777 So. 2d 976 (Fla. 1st DCA 1999).

Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 8278, 1999 WL 410328

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)(l), FLORIDA STATUTES (1985), IS THE EMPLOYER
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Tropical Brick Co. v. Jackson, 188 So. 2d 289 (Fla. 1966).

Published | Supreme Court of Florida | 1966 Fla. LEXIS 3353

since the claim arose before the amendment of Section 440.15(3) (u) by Chapter 65-168 which became effective
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Houghton v. ABJ Constructors, Inc., 433 So. 2d 47 (Fla. 1st DCA 1983).

Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 20219

PER CURIAM. Appellant contends that Section 440.-15(3)(a)(l), Florida Statutes (1981), which limits
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Boulerice v. Magic Roofing Co., 433 So. 2d 43 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19711

diminution of wage earning capacity. Under section 440.15(3)(u), Florida Statutes (1977), disability
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Spinelli v. Florida Dep't of Com., 490 So. 2d 1294 (Fla. 1st DCA 1986).

Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1393, 1986 Fla. App. LEXIS 8457

during a time of temporary disability since section 440.15(4) does not limit payment of temporary disability
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Occidental Chem. Co. v. Howard, 508 So. 2d 466 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1372, 1987 Fla. App. LEXIS 8491

entitled to catastrophic loss benefits under section 440.15(2)(b), Florida Statutes (1979), because the
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Garcia v. Cont'l Vending Mach. Corp., 176 So. 2d 329 (Fla. 1965).

Published | Supreme Court of Florida | 1965 Fla. LEXIS 3189

a compensa-ble hernia within the meaning of Section 440.15(6), Florida Statutes, F.S.A., which is the
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Ramirez v. Jorda Enter. Inc., 164 So. 3d 1291 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 9313, 2015 WL 3822928

this court, Appellant failed to establish that Section 440.15(4)(e), Florida Statutes (2011), is unconstitutional
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Entenmann's Bakery v. Smith, 620 So. 2d 1049 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 6505, 1993 WL 210584

award of temporary partial disability benefits. Section 440.15(4)(a), Florida Statutes (Supp. 1988). We affirm
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Thompson v. Florida Indus. Comm'n, 224 So. 2d 286 (Fla. 1969).

Published | Supreme Court of Florida | 1969 Fla. LEXIS 2235

total disability benefits pursuant to F.S. Section 440.15(1), F.S.A., from the date of her permanent
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Paradyne Corp. v. Selmer, 527 So. 2d 285 (Fla. 1st DCA 1988).

Published | Florida 1st District Court of Appeal | 1988 WL 62160

to apply the deemed earnings provision under section 440.15(3)(b)2, Florida Statutes (1985). MILLS and
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Berman v. Dillard's, 91 So. 3d 875 (Fla. 1st DCA 2012).

Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 9600, 2012 WL 2149775

Appellant/Claimant challenges the constitutionality of section 440.15(l)(b), Florida Statutes (2003), the authority
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Cramer v. Broedell Plumbing Supply, 675 So. 2d 118 (Fla. 1996).

Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 257, 1996 Fla. LEXIS 1008, 1996 WL 325103

wherein the district court certified: Whether section [440.15(3)(b)4.d.], Florida Statutes (1991), is subject
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Waterman v. Interstate Truckers, Inc., 545 So. 2d 408 (Fla. 5th DCA 1989).

Published | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 1413, 1989 Fla. App. LEXIS 3275, 1989 WL 61541

claimed is the result of the compensable injury. § 440.15(3)(b)2, Fla.Stat. (1985); D.L. Amici Company v
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Wohlgamuth v. Cent. Maint. & Welding, 600 So. 2d 514 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 6277, 1992 WL 126575

the benefits of deemed earnings pursuant to section 440.15(3)(b)2., Florida Statutes (1987), the judge
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Bekins Van Lines v. Johnson, 414 So. 2d 1189 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20284

concur. . We find this award not precluded by Section 440.15(9), Florida Statutes, which is applicable only
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Fullwell Prods. v. Ferguson, 714 So. 2d 1059 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 6571, 1998 WL 299478

was not suitable for Claimant. Pursuant to section 440.15(7), Florida Statutes (Supp.1994), Claimant
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Baird-Ray Datsun v. Butler, 400 So. 2d 1038 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20463

the scheduled benefits determined pursuant to § 440.15, Florida *1040Statutes (1977), and loss of wage-earning
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SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. & City of St. Petersburg, etc. v. Bradley Westphal – Corrected Opinion (Fla. 2016).

Published | Supreme Court of Florida

...The stated legislative intent of the workers’ compensation law is to “assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.” § 440.015, Fla....
...(2009); see also Butler v. Bay Ctr./Chubb Ins. Co., 947 So. 2d 570, 572-73 (Fla. 1st DCA 2006). Further, the right of the employee and the employer to “opt out” of the workers’ compensation law, and preserve their tort remedies, was repealed. See §§ 440.015, 440.03, Fla. Stat....
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Elias v. World Wide Concessions, LLC, 41 So. 3d 304 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 10817, 35 Fla. L. Weekly Fed. D 1525

...to oblige the intent of the Legislature that the Workers' Compensation Law be interpreted so as to assure the quick and efficient delivery of benefits, in an efficient and self-executing system which is not an economic or administrative burden ( see section 440.015, Florida Statutes (2007)), and to avoid the otherwise unnecessary aspects of this appeal....
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Bishop v. Baldwin Acoustical & Drywall, 696 So. 2d 507 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 7716, 1997 WL 369754

couches it from a “anatomical standpoint.” Section 440.15(l)(b), Florida Statutes, in pertinent parts
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Wilson v. Volusia Cnty. Sch. Bd., 513 So. 2d 671 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1630, 1987 Fla. App. LEXIS 12114

month following such voluntary limitation. Section 440.15(3)(b)2, Florida Statutes. Johnston v. Super
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Jones v. Vinoy Park Hotel, 252 So. 2d 239 (Fla. 1971).

Published | Supreme Court of Florida | 1971 Fla. LEXIS 3396

capacity brought it squarely within Fla.Stat. § 440.15(3) (u), F.S.A., which sets out both this basis
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State, Marine Patrol v. Clifton, 959 So. 2d 1262 (Fla. 1st DCA 2007).

Published | Florida 1st District Court of Appeal | 2007 WL 1946162

separate social security offset provided for in section 440.15(10), Florida Statutes (Supp.1994). "As Grice
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Michael Guglielmo v. State of Florida-DOC Zephyrhills C I/Div. of Risk Mgmt. (Fla. 1st DCA 2025).

Published | Florida 1st District Court of Appeal

PIB payments, subject to the provisions of section 440.15(3)(c), Florida Statutes. 8
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Matthews v. Nat'l Pump Compressor, 41 So. 3d 982 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11107, 2010 WL 2976937

entitlement to TPD benefits, shall consider section 440.15(7), Florida Statutes (2008) ("Employee Leaves
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City of Ocala v. Collins, 453 So. 2d 115 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14428

not awarda-ble before a claimant reaches MMI. Section 440.15(3)(b), Florida Statutes (1983). The deputy
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Lyons v. Coronado Sportswear, 452 So. 2d 1016 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14429

she found the claim barred by operation of Section 440.15(3)(b)3.a., Florida Statutes (1983). Second
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McCotter Motors, Inc. v. Newton, 453 So. 2d 117 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14091

2d 204 (Fla. 1st DCA 1983) [the provision of section 440.15(3)(b)3.d., Florida Statutes (1979), which terminates
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Publix Risk Mgmt. & Publix Super Markets, Inc. v. Teresa Carter (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

statutory 1 After Ahles, the Legislature amended § 440.15(4) to create an absolute bar to TPD benefits for
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MJM Elec., Inc./OCIP & Sedgwick CMS v. William Spencer, 275 So. 3d 1283 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

restrictions on the employee’s ability to work. § 440.15(4)(a), Fla. Stat. (2017); see also Wyeth/Pharma
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United Rentals, Inc. v. Parrish, 907 So. 2d 1257 (Fla. 1st DCA 2005).

Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 11844, 2005 WL 1789121

maximum medical improvement constituted error. See § 440.15(2)(a), Fla. Stat.; Orange County Sch. Bd. v. Melman
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Braithwaite v. Dep't of Transp., 622 So. 2d 109 (Fla. 3d DCA 1993).

Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 7907, 1993 WL 280381

employment status due to a compensable injury. § 440.15(3)(b)2, Fla. Stat.; Edwards v. Caulfield, 560
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Moore v. Williams Co., 622 So. 2d 120 (Fla. 3d DCA 1993).

Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 7909, 1993 WL 281052

order in which the misrepresentation defense in section 440.15(5)(a), Florida Statutes (1991), was applied
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Miller v. Leon Cnty. Bd. of Cnty. Commissioners, 453 So. 2d 492 (Fla. 1st DCA 1984).

Published | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 14340

unavailability of employment” as required by Section 440.15(3)(b)2, Florida Statutes (1983). The work search
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Cal-Maine Foods/Broadspire v. Howard, 225 So. 3d 898 (Fla. 1st DCA 2017).

Published | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 10681, 2017 WL 3160125

...). “Honesty is not a luxury to be invoked at the convenience of a litigant.” Baker v. Myers Tractor Servs., Inc., 765 So.2d 149, *905 150 (Fla. 1st DCA 2000). The workers’ compensation system is designed to be efficient and self-executing. See § 440.015, Fla....
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Tipton v. E-Z Serve Convenience Stores Inc., 936 So. 2d 48 (Fla. 1st DCA 2006).

Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 12321, 31 Fla. L. Weekly Fed. D 1969

disability and medical benefits to an injured worker.” § 440.015, Fla. Stat. A number of years ago, this court
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Burgess v. Wal-Mart Store 6020, 789 So. 2d 1238 (Fla. 1st DCA 2001).

Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 10378, 2001 WL 838200

...§ 440.13(2)(c), Fla. Stat. Claimant correctly argues that requiring the filing of a petition for benefits prior to receiving reasonable and necessary medical care and treatment would contravene the legislative intent of our workers’ compensation law. See § 440.015, Fla....
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Davis v. Conger Life Ins., 201 So. 2d 727 (Fla. 1967).

Published | Supreme Court of Florida | 1967 Fla. LEXIS 3802

which also involves apportionment under F.S. Section 440.-15(5) (c), F.S.A., we recognized the principle
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Rotstein v. Publix Supermarkets, Inc., 933 So. 2d 1256 (Fla. 1st DCA 2006).

Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 12301, 2006 WL 2040381

Indeed, this view is bolstered by my review of section 440.15(1)(e)1, Florida Statutes (1993), the statute
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North Florida Erection Co. v. Abichid, 510 So. 2d 1040 (Fla. 1st DCA 1987).

Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1786, 1987 Fla. App. LEXIS 9749

assumes that supplemental benefits pursuant to section 440.15(l)(e)l, Florida Statutes, would be unaffected
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Frederick Clarke v. Florida Dep't of Fin. Servs./ The Div. of Risk Mgmt., 275 So. 3d 846 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

defense has been removed from the statute, section 440.15(4)(a) “pins remuneration on what the employee
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Foster v. Lindsay, 26 So. 2d 806 (Fla. 1946).

Published | Supreme Court of Florida | 157 Fla. 788, 1946 Fla. LEXIS 853

injury for the loss of the eye as provided in Section 440.15, subsection (3) — (e), the wording of the Act
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Diveston Merlien v. Jm Fam. Enter., Inc., Sheridian 441, LLC & Bendles Rentals, LLC (Fla. 4th DCA 2020).

Published | Florida 4th District Court of Appeal

...policy that favors the enforcement of contracts, as a general proposition, unambiguous exculpatory contracts are enforceable unless they contravene public policy.” Sanislo, 157 So. 3d at 260. The disclaimer did not “contravene public policy.” It conforms to public policy. Section 440.015, Florida Statutes (2017), states: It is the intent of the Legislature that the Workers’ Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an...
...s return to gainful reemployment at a reasonable cost to the employer. . . . The workers’ compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike. § 440.015, Fla....
...ion scheme, but rather, fully utilizes the statutory scheme as the plaintiff’s sole means of recovery. In no way does the disclaimer interfere with “the quick and efficient delivery of disability and medical benefits to an injured worker.” See § 440.015, Fla....
...ny future injuries to the State’s workers’ compensation program. The disclaimer was limited in both scope and application and did not prevent the “the quick and efficient delivery of disability and medical benefits to an injured worker.” See § 440.015, Fla....
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Lucas v. ADT Sec. Inc./Sedgwick CMS, 65 So. 3d 616 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 11454, 2011 WL 2937309

improvement (MMI) and is not yet released to work. § 440.15(2), Fla. Stat. (2006). TPD benefits *619 are payable
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Citrus Cnty. Sch. Bd. v. State, Dep't of Fin. Servs., Div. of Workers' Comp., 67 So. 3d 1127 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 11445, 2011 WL 2937306

...2004). This interpretation is also consistent with and furthers the purpose of the Workers’ Compensation Law, which is to provide an “efficient self-executing system” that “ensure[s] the prompt delivery of benefits to the injured worker.” § 440.015, Fla....
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Clay Hyder Trucking v. Locke, 675 So. 2d 1034 (Fla. 1st DCA 1996).

Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 6905, 1996 WL 364755

Compensation Claims for proceedings in accordance with § 440.15(1)(f)2.b., Florida Statutes (1994). See Ace Disposal
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Imperial Elec., Inc. v. Reeves, 647 So. 2d 199 (Fla. 1st DCA 1994).

Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 7073, 1994 WL 372937

uninterruptedly due to physical limitation. See § 440.15(1)(b), Fla.Stat. (1989), and Seligman & Latz,
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Ogden Allied Servs. v. Bryant, 647 So. 2d 195 (Fla. 1st DCA 1994).

Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 7063, 1994 WL 372929

all medical care arising from this condition. § 440.15(5)(a), Fla.Stat. (1987); Haas, supra; Cf. Vanguard
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City of Miami v. Gray, 434 So. 2d 1009 (Fla. 1st DCA 1983).

Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 19869

hospitalization period. Campbell at 1157. Under Section 440.15(4)(b), Florida Statutes (1979), TPD benefits
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Pospisil v. Osmond Lincoln Mercury, 820 So. 2d 1076 (Fla. 1st DCA 2002).

Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 9916, 2002 WL 1539610

of temporary benefits, whichever occurs earlier § 440.15(3)(a)3, Fla. Stat. (1997). Here, it is undisputed
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Sears Termite & Pest Control v. Reeves, 417 So. 2d 285 (Fla. 2d DCA 1982).

Published | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 20527

his entitlement to wage-loss benefits under Section 440.15(3)(b)2, Florida Statutes (1979). We also find
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Conklin v. Ford, 737 So. 2d 602 (Fla. 1st DCA 1999).

Published | Florida 1st District Court of Appeal | 1999 WL 496203

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)1., FLORIDA STATUTES (1985), IS THE EMPLOYER
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Off. Depot, Inc. v. Sweikata, 737 So. 2d 1189 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 9519, 1999 WL 497876

this case. In Oswald, we concluded that under section 440.15(4)(b), Florida Statutes (Supp.1994), a claimant
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Hillson v. Florida Steel Corp., 434 So. 2d 1007 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19861

nose is compensable under the provisions of Section 440.15(3)(u), Florida Statutes (1977). Although the
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Victor Gonzalez v. Quinco Elec. & Zenith, 171 So. 3d 153 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal

...s expressly stated intent that the workers’ compensation system must “ensure the prompt delivery of benefits to the injured worker” and must be “an efficient and self-executing system which is not an economic or administrative burden.” § 440.015, Fla....
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Trend Mgmt., Inc. v. Boyd, 417 So. 2d 732 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20510

would probably merit serious consideration.... F.S. 440.15(3)(b) concerns present entitlement to compensation
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S. Bell Tel. & Tel. Co. v. Seneca, 433 So. 2d 1369 (Fla. 1st DCA 1983).

Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 19847

maximum medical improvement in February 1982. § 440.15(2), Fla.Stat. (1979). The self-insured employer
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Florida Dep't of Labor & Emp. Sec. v. Boise Cascade Corp., 790 So. 2d 1092 (Fla. 2001).

Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 494, 2001 Fla. LEXIS 1397, 2001 WL 776570

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)(l), FLORIDA STATUTES (1985), IS THE EMPLOYER
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Jones v. Mark III Indus., Inc., 589 So. 2d 308 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 6711, 1991 WL 126675

that the JCC erred in denying benefits under Section 440.15(3)(a), Florida Statutes (1985), which provides
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Winn Dixie v. Robinson, 657 So. 2d 64 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 7348, 1995 WL 405273

loss benefits had not terminated pursuant to section 440.15(3)(b)3.a., Florida Statutes (1987). We agree
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Dyer v. Lakeland Health Care Ctr., 582 So. 2d 760 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 6721, 1991 WL 126686

569 So.2d 794, 801 (Fla. 1st DCA 1990). . Section 440.15(3)(b)2, Florida Statutes, was amended in 1990
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City of Miami v. Arostegui, 864 So. 2d 508 (Fla. 1st DCA 2004).

Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 55, 2004 WL 34544

for the payment of supplemental benefits. See § 440.15(l)(e), Fla. Stat. (1975); Platt v. R.C. Prop.
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Van Doran v. Pope Co., 657 So. 2d 1183 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 22, 1995 WL 1522

the claimant made timely wage loss requests. Section 440.15(3)(b)2, Florida Statutes (1991), provides that
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Torres v. Smithkline Beecham Co., 659 So. 2d 327 (Fla. 1st DCA 1995).

Published | Florida 1st District Court of Appeal | 1995 WL 1530

claim arises under the wage loss provision in section 440.15(3)(b)1 of the 1989 Worker's Compensation Law
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Alpizar v. Total Image Beauty Salon, 650 So. 2d 109 (Fla. 1st DCA 1995).

Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 575, 1995 WL 33532

440. The applicable statutory provision is Section 440.15(4), Florida Statutes (1991), which provides
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Newick v. Webster Training Ctr., 78 So. 3d 108 (Fla. 1st DCA 2012).

Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 1316, 2012 WL 254938

of the apportionment defense provided for in section 440.15(5)(b), Florida Statutes. Claimant contends
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Ryder Sys., Inc. v. Collins, 444 So. 2d 566 (Fla. 1st DCA 1984).

Published | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 11487

of $1,200 calculated correctly pursuant to Section 440.15(3)(a)l, Florida Statutes (1979). Claimant,
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Wal-Mart Store 0649 v. Kirksey, 728 So. 2d 268 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 816, 1999 WL 35543

request an independent medical examiner under section 440.15(5)(a), if she objects to the decision of the
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Int'l Paper Co. v. Merch., 77 So. 2d 622 (Fla. 1955).

Published | Supreme Court of Florida

from the loss of his eye and on authority of Section 440.15(5)(b), F.S.A. deducted said 175 weeks compensation
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Nat'l Linen Serv. v. Tolliver, 686 So. 2d 797 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 259, 1997 WL 26475

enacted such a “reverse offset” statute in section 440.15(10), Florida Statutes (Supp. *7981996), but
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Brevard Cnty. Sch. Bd. v. McCormick, 392 So. 2d 1010 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19396

that the deputy erred in failing to allow a Section 440.15(5)(c) credit against compensation payable for
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USS Agri-Chemicals v. Waddell, 537 So. 2d 111 (Fla. 1989).

Published | Supreme Court of Florida | 14 Fla. L. Weekly 44, 1989 Fla. LEXIS 36, 1989 WL 5728

running of the two-year period set forth in section 440.15(3)(b)3.a., Florida Statutes (1981)? Waddell
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Spaugh v. Munyan Painting Contractors, 444 So. 2d 1100 (Fla. 1st DCA 1984).

Published | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 11693

occurred on November 23, 1977, prior to the date § 440.15(3)(a) Fla.Stat. (1979) became law, the deputy
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List Indus., Inc. v. Dalien, 107 So. 3d 470 (Fla. 4th DCA 2013).

Published | Florida 4th District Court of Appeal | 2013 WL 238202, 2013 Fla. App. LEXIS 925

...Pendergrass further reminds us that while remedial legislation is generally in-terpretéd liberally in favor of the errors to be corrected, the Florida Legislature has specifically rejected such an interpretátion for the Worker’s Compensation Law. Id. at 688 ; § 440.015, Fla....
...are to be construed in accordance with the basic principles of statutory construction and not liberally in favor of either employee or the employer. It is the intent of the Legislature to ensure the prompt delivery of benefits to the insured worker. § 440.015, Fla....
...Nickerson, 72 So.3d 780, 781 (Fla. 5th *473 DCA 2011) (describing employers’ immunity as one “from liability”). The system is “based on a mutual renunciation of common-law rights and defenses by employers and employees alike.” Bakerman, 961 So.2d at 261 (quoting § 440.015, Fla....
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Infinger Transp. Co. v. Johnson, 863 So. 2d 1275 (Fla. 1st DCA 2004).

Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 878, 2004 WL 136370

disability benefits, whether payable under [section 440.15] subsection (2) or under subsection (4), to
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Ainslie v. Anco Insulation, Inc., 574 So. 2d 1132 (Fla. 1st DCA 1991).

Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 466, 1991 WL 7119

award to the deemed earnings provisions of Section 440.15(3)(b)(2), Florida Statutes, because the judge
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Pena v. Design-Build Interamerican, Inc., 132 So. 3d 1179 (Fla. 3d DCA 2014).

Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 603, 2014 WL 228681

...s compensation coverage for their employees. Deen v. Quantum Res., Inc., 750 So.2d 616 (Fla.1999). The Worker’s Compensation Law was enacted to “assure the quick and efficient delivery of disability and medical benefits to an injured worker.” § 440.015, Fla....
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Canovas v. Sugar Supply, Inc., 921 So. 2d 26 (Fla. 1st DCA 2006).

Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 434, 2006 WL 141445

sought access to his SSA records pursuant to section 440.15(9)(c), Florida Statutes (2004).1 Historically
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Florida Dep't of Transp. v. Johns, 755 So. 2d 603 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 49, 2000 Fla. LEXIS 64, 2000 WL 38938

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)(l), FLORIDA STATUTES (1985), IS THE EMPLOYER
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Jose Gomez-Lujano v. Palm Beach Grill- Houston's etc., 207 So. 3d 1032 (Fla. 1st DCA 2017).

Published | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 500

964 (Fla. 1st DCA 2016) (applying Westphal to section 440.15(4)(e), Florida Statutes). Additionally, we
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Almeida v. Longleaf Forest Prods., 648 So. 2d 1235 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 191, 1995 WL 16819

attributable to a work related physical limitation. § 440.15(3)(b) and (4)(a), Florida Statutes (1987); Church’s
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Sheraton Towers Hotel v. Roche, 408 So. 2d 807 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 18961

inability to find a job and the injury to his hand. Section 440.15(3), Florida Statutes (1979), provides for wage
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Stahl v. Mike Gordon's Seafood Restaurant, 408 So. 2d 808 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 18963

of the Division of Workers’ Compensation, and § 440.15(3)(b) relates to wage-loss computation and eligibility
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Sawyer v. Dover Cylinder Head Co., 593 So. 2d 279 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 500, 1992 WL 10904

potentially available pursuant to statute. See § 440.15(3)(b)3.c, Fla.Stat. (1987). Based on these calculations
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Lavalle, Wochna, Rutherford, Maker & Truesdell v. Stevens, 394 So. 2d 141 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19503

compensation in excess of the six weeks mandated by Section 440.15(6)(f). The carrier argued that the hernia was
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Reed v. Sherry Frontenac Hotel, Employers Serv. Corp., 150 So. 2d 225 (Fla. 1963).

Published | Supreme Court of Florida

definition of permanent partial disability under Section 440.15(3), Florida Statutes, F.S.A. However, we have
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Platt v. R.C. Prop., 574 So. 2d 176 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 437, 1991 WL 5007

receive supplemental compensation benefits under Section 440.15(1)(e)1., Florida Statutes (1981).1 We reverse
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Bell v. S. Bell Tel. & Tel. Co., 108 So. 2d 483 (Fla. Dist. Ct. App. 1959).

Published | District Court of Appeal of Florida

suffered a non-scheduled injury, as covered by § 440.-15(3) (u), Fla.Stat, F.S.A. of the Workmen’s Compensation
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Cochrane Distrib. Co. v. Lewis, 504 So. 2d 1291 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 928, 1987 Fla. App. LEXIS 6252

488 So.2d 831 (Fla.1986). The language of Section 440.15(l)(e)l, Florida Statutes, itself, pertaining
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Javier v. Goldcoast, Inc., 501 So. 2d 61 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 259, 1987 Fla. App. LEXIS 6247

declared: As we read this plain language [of section 440.15(5)(a), Florida Statutes], it means that an
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Brown v. Jupiter Hosp., 648 So. 2d 313 (Fla. 1st DCA 1995).

Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 75, 1995 WL 6414

not submitted within the 14-day time limit of section 440.15(3)(b)2., Florida Statutes (Supp.1990). Brown
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Weiss v. City of Tampa Police Dep't, 632 So. 2d 129 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 788, 1994 WL 33774

because they were barred by the provisions of section 440.15(3)(b)4.a., Florida Statutes,1 which terminates
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Gardner v. D. F. S. Constr. Co., 358 So. 2d 171 (Fla. 1978).

Published | Supreme Court of Florida | 1978 Fla. LEXIS 4681

nullify that portion of the statutory language of F.S. 440.15(2)(c). I therefore must regretfully determine
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State, Dep't of Labor & Emp. Sec. v. Wolfe, 613 So. 2d 578 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 1520, 1993 WL 30649

...authorizes the division’s intervention in appeals. We also note that the filing of a separate appeal on the issue of indigency would substantially delay resolution of the merits appeal. Such delays should be avoided where possible. See Fla. Stat. § 440.015 ....
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Hudson Pulp & Paper Corp. v. Stallings, 194 So. 2d 905 (Fla. 1967).

Published | Supreme Court of Florida

claimant in failure to apply the provisions of Section 440.15(5) (d) (2), F.S. 1961, controlling this award
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Nunez v. Holiday Inn, 380 So. 2d 472 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16022

which we affirm except as to the amount of the § 440.15(5)(c), Fla. Stat. (1974), deduction. In applying
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Buttrick v. By the Sea Resorts, Inc., 108 So. 3d 658 (Fla. 1st DCA 2013).

Published | Florida 1st District Court of Appeal | 2013 WL 425877, 2013 Fla. App. LEXIS 1685

pre*660sumptively qualify her for PTD disability benefits. See § 440.15(1)(b)1.-5., Fla. Stat. (2007). If Claimant does
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Andino-Rivera v. Se. Atl. Beverage Co., 132 So. 3d 1191 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal | 2014 WL 444000, 2014 Fla. App. LEXIS 1373

disability benefits for the period in question. See § 440.15(4)(a), Fla. Stat. (2011) (“Benefits shall be payable
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Special Disability Trust Fund v. Stephens, 595 So. 2d 206 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1857

total disability benefits paid pursuant to section 440.15(l)(e)l, Florida Statutes (Supp.1984). The two
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Superior Home Builders v. Moss, 70 So. 2d 570 (Fla. 1954).

Published | Supreme Court of Florida | 1954 Fla. LEXIS 1284

payments under the original award, pursuant to section 440.15(2), Florida Statutes 1951, F.S.A. The full
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Duval Cnty. Sch. Bd. v. Golly, 867 So. 2d 491 (Fla. 1st DCA 2004).

Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 1967, 2004 WL 329334

...of the injured worker or the rights of the employer.... [T]he laws pertaining to workers’ compensation are to be construed in accordance with the basic principles of statutory construction and not liberally in favor of either employee or employer. § 440.015, Fla Stat....
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Douglas v. Florida Power & Light, Inc., 921 So. 2d 750 (Fla. 1st DCA 2006).

Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 2207, 2006 WL 397477

the court explained in Eckert, Whatever right section 440.15(l)(e)l grants to the employer and carrier with
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Ford v. Conklin, 781 So. 2d 1070 (Fla. 2001).

Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 98, 2001 Fla. LEXIS 334, 2001 WL 169614

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)l, FLORIDA STATUTES (1985), IS THE EMPLOYER
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Florida Dep't of Transp. v. Hogan, 780 So. 2d 905 (Fla. 2001).

Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 98, 2001 Fla. LEXIS 332, 2001 WL 169612

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)(l), FLORIDA STATUTES (1985), IS THE EMPLOYER
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Feisco v. Powell, 538 So. 2d 967 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 531, 1989 Fla. App. LEXIS 1007, 1989 WL 14546

loss. We are in agreement with the employer. Section 440.15(3)(b)(2), Florida Statutes (1985), provides:
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Roberson v. Winn Dixie Stores, Inc., 669 So. 2d 294 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1480, 1996 WL 71127

52 weeks of eligibility for wage loss benefits. § 440.15(3)(b)4.d.(II), Pla.Stat. (1991). The carrier paid
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Brett v. Publix Supermarkets, Inc., 668 So. 2d 664 (Fla. 1st DCA 1996).

Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 1556, 1996 WL 72194

workers’ compensation case the judge applied section 440.15(3)(b)4.d(II), Florida Statutes (1991), as limiting
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Bakery Prods., Inc. v. Laria, 379 So. 2d 1332 (Fla. 1st DCA 1980).

Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 15967

the date it first exercised its right under Section 440.15(10), Florida Statutes (1977). Pensacola Buggy
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Miller v. Gilbert, 379 So. 2d 1054 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15952

disability calculated as to the body as a whole under § 440.15(3)(u), Florida Statutes (1976). When a claimant
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Santiesteban v. Okeelanta Corp., 688 So. 2d 1 (Fla. 1st DCA 1997).

Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 1361, 1997 WL 68047

eligibility schedule [for wage loss] under section 440.15(3)(b)4.d. applies only as a cumulative limitation
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State, Dep't of Transp. v. Jackson, 379 So. 2d 1045 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15946

entitled to take the social security off-set in Section 440.15(10), Florida Statutes (1977), in paying benefits
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Cooper's Inc. v. Taylor, 556 So. 2d 491 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 672, 1990 WL 7632

calculating wage-loss benefits payable under section 440.15(5)(c), Florida Statutes (1987). In cases where
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Advanced Masonry Sys. v. Molina, 4 So. 3d 62 (Fla. 1st DCA 2009).

Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 1294, 2009 WL 400371

qualifying, threshold “catastrophic injury” under section 440.15(l)(b), Florida Statutes (2001). However, the
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City of Hollywood v. Cappozzia, 866 So. 2d 766 (Fla. 1st DCA 2004).

Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 1802, 2004 WL 306003

granting temporary disability benefits under section 440.15(4), Florida Statutes (1995), as well as penalties
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Buono v. City of Riviera Beach, 484 So. 2d 50 (Fla. 1st DCA 1986).

Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 454

includes social security payments to dependents (section 440.15(10)(a), Florida Statutes (Supp. 1980)), and
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Pub. Gas Co. v. Shaw, 464 So. 2d 1243 (Fla. 1st DCA 1985).

Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 435, 1985 Fla. App. LEXIS 12464

is due to physical limitation as required by Section 440.15(l)(b), Florida Statutes (Supp.1980). In Racz
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Lasseter v. Florida Citrus Canners Coop., 118 So. 2d 215 (Fla. 1960).

Published | Supreme Court of Florida

petitioner is barred from recovery by virtue of § 440.15(7), Florida Statutes, F.S.A. In response to this
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Boyle v. JA Cummings, Inc., 212 So. 3d 1060 (Fla. 1st DCA 2017).

Published | Florida 1st District Court of Appeal | 2017 WL 629420, 2017 Fla. App. LEXIS 2078

...that relevant evidence should be considered by the factfinder and the intent of the Workers’ Compensation Law that cases be decided on their merits. See § 90.402, Fla. Stat. (“All relevant evidence is admissible, except as provided by law.”); § 440.015, Fla....
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Florida Rock Indus., Inc. v. Beach, 409 So. 2d 1160 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19255

physical impairment to the body as a whole under section 440.15(3)(u), Florida Statutes (1978 Supp.), because
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Florida HRS Dist. II v. Pickard, 779 So. 2d 266 (Fla. 2001).

Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 84, 2001 Fla. LEXIS 324, 2001 WL 123935

INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)l, FLORIDA STATUTES (1985), IS THE EMPLOYER
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Mkt. v. Lutz, 126 So. 2d 881 (Fla. 1961).

Published | Supreme Court of Florida

compensation for disability as provided by Section 440.15(6) (f), F.S.A. While recovering from the operation
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Boles v. West Orange Paint & Body, 667 So. 2d 951 (Fla. 1st DCA 1996).

Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 1012, 1996 WL 55688

disabled because of his industrial accident. Section 440.15(l)(b), Florida Statutes, provides, in pertinent
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Burley v. Santa Fe Cmty. Coll., 393 So. 2d 1185 (Fla. 3d DCA 1981).

Published | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 19488

as of the date it exercises its right under Section 440.15(10), Florida Statutes (1977). Baker Products
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Leight v. Aladdin Moving Co., 381 So. 2d 258 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16279

claimed and the judge awarded an offset pursuant to § 440.15 5(c), Florida Statutes (1978), for compensation
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Mullins v. 7-Eleven, Inc., 5 So. 3d 35 (Fla. 1st DCA 2009).

Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 1172, 2009 WL 331011

...n a finding that such damage was caused by the accident, and not based on a battle of medical experts testifying as to the major contributing cause of the breakage. Neither the statute in question, nor the general intent of the Legislature stated in section 440.015, would be served by requiring a claimant to employ the services of an expert to engage in forensic failure analysis of the glasses, simply to have them replaced....
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Builders Specialties Supply v. Cole, 409 So. 2d 1144 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19140

period prior to MMI is clearly erroneous, as Section 440.15(3)(b)(l), Florida Statutes, authorizes payment
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Brevard Cnty. Sch. Bd. v. Spires, 379 So. 2d 1006 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15920

allowance of the deduction required under Section 440.-15(5)(c), Florida Statutes. See Jackson v. Nat
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Owen Steel Co. v. Robinson, 687 So. 2d 352 (Fla. 1st DCA 1997).

Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 937, 1997 WL 49371

file the wage loss request forms required by section 440.15(3)(b)2, Florida Statutes, and Rule 38F3.017(1)
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Glinski v. Pan Am. Bank, 79 So. 3d 781 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 19777, 2011 WL 6141026

complete and return within twenty-one days. See § 440.15(1)(e)2.b., Fla. Stat. (1983). The form covered
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Coplin v. State, Dep't of Health & Rehabilitative Servs., 627 So. 2d 1282 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 12130, 1993 WL 502612

employment status due to a compensable injury. § 440.15(3)(b)2, Fla.Stat.; Edwards v. Caulfield, 560 So
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Ekechi v. First Am./first Student, 49 So. 3d 335 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 18662, 2010 WL 4967902

3d 754, 757 (Fla. 1st DCA 2010) (noting that section 440.15(12), Florida Statutes (relating to employee's
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Hernandez v. Manatee Cnty. Gov't/Com. Risk Mgmt., Inc., 50 So. 3d 57 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 18673, 2010 WL 4967711

...Moreover, because it was not necessary to re-depose these deponent-physicians, thereby reducing the time necessary to prepare for the final hearing, the legislature’s stated intent “to ensure the prompt delivery of benefits to the injured worker” has been met. § 440.015 Fla....
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Florida State Hosp. v. Heatrice, 535 So. 2d 619 (Fla. 1st DCA 1988).

Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 2653, 1988 Fla. App. LEXIS 5460, 1988 WL 130072

permanent impairment rating in accordance with Section 440.-15(3)(a) 1 a-b, Florida Statutes (1987). Racz
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Morrison & Knudsen/Am. Bridge Div. v. Scott, 423 So. 2d 463 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21758

Association Guides (the Guides) as required by Section 440.15(3)(a)(3), Florida Statutes (1979). We agree
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Colonial Inn v. DeGuido, 460 So. 2d 482 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 9 Fla. L. Weekly 2563, 1984 Fla. App. LEXIS 16647

benefits is not contested and both parties agree that § 440.15(3)(b), Fla. Stat. (1980) sets forth the manner
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Alphes Enter. v. Dean, 377 So. 2d 791 (Fla. 3d DCA 1979).

Published | Florida 3rd District Court of Appeal | 1979 Fla. App. LEXIS 16172

to establish the statutory requirements. F.S. § 440.15(6). Accordingly, the order is reversed and the
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Hardee Livestock Mkt., Inc. v. Joe L. Davis Groves, Inc., 424 So. 2d 45 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21831

deputy’s view on the catastrophic benefits claim, section 440.15(2)(b), Florida Statutes (1980 Supp.), because
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James v. Armstrong World Indus., Inc., 864 So. 2d 1132 (Fla. 1st DCA 2003).

Published | Florida 1st District Court of Appeal | 2003 WL 23094733

...se "would result in an AWW determination which is not truly representative of claimant's pre-injury earning capacity, and would violate the underlying purpose of the Act"). [2] It is also consistent with the legislative intent as currently stated in section 440.015, Florida Statutes (2002), which is "to assure the quick and efficient delivery of disability and medical benefits to an injured worker." (Emphasis added.) [3] This court's records in Christopher, which this court may judicially notice...
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Scotty's & CNA Ins. Grp. v. Jacoby, 611 So. 2d 101 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 13592, 1992 WL 387470

after October 1990, the 1990 amendment to section 440.-15(3)(b)2, Florida Statutes, controls. That amendment
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City of Miami Beach v. Marten, 153 So. 3d 963 (Fla. Dist. Ct. App. 2014).

Published | District Court of Appeal of Florida | 2014 Fla. App. LEXIS 20920

benefits (IIBs) paid to Claimant by the E/SA under section 440.15(3), Florida Statutes (Supp.1996). All IIBs
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Diocese of St. Petersburg v. Cayer, 79 So. 3d 82 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 20850, 2011 WL 6851183

the JCC applied. The controlling statute is section 440.15(1), Florida Statutes (2008). To establish entitlement
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State, Dep't of Transp. v. Holloway, 573 So. 2d 872 (Fla. 1st DCA 1990).

Published | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 9070, 1990 WL 188969

VICTOR, (Ret.), Associate Judge, concur. . Section 440.15(3)(a)l, Florida Statutes (Supp. 1986), provides
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Fruggiero v. Best W. Resort Inn, 461 So. 2d 254 (Fla. 1st DCA 1984).

Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 75, 1984 Fla. App. LEXIS 16302

with Section 440.15(3)(b)4., Florida Statutes (Supp.1982).1 Her contention that Section 440.15(3)(b)4
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Goodwill Indus. of Cent. Florida v. Heard, 863 So. 2d 389 (Fla. 1st DCA 2003).

Published | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 19555, 2003 WL 23008804

“gainful employment” as that term is used in section 440.15(l)(b), Florida Statutes. Reasonable job modification
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Clark v. R & L Carriers, 151 So. 3d 1291 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 20806, 2014 WL 7273933

or oral statement proving the violation of section 440,15(4)(b) and the JCC made a seemingly conclusory
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Special Disability Trust Fund, Dep't of Labor & Emp. Sec. v. George Stuart, Inc., 481 So. 2d 59 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 34, 1985 Fla. App. LEXIS 16894

retroactively applied the 1983 amendment to Section 440.-15(3)(b)4, Florida Statutes,1 to the employee’s
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Bordo Citrus Prods. v. Tedder, 518 So. 2d 367 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 16, 1987 Fla. App. LEXIS 11740, 1987 WL 3188

qualify for catastrophic injury benefits under section 440.15(2)(b), Florida Statutes (1985). That section
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Horne v. Alter Sales, 461 So. 2d 244 (Fla. 5th DCA 1984).

Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 17, 1984 Fla. App. LEXIS 16305

Horne had not fulfilled the burden imposed by Section 440.-15(3)(b), Florida Statutes (1983), “to show that
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Davis v. Okeelanta Sugar Refinery, Inc., 147 So. 2d 513 (Fla. 1962).

Published | Supreme Court of Florida

Commissioner did not err in determining, under Section 440.-15(5) (d) (2), Florida Statutes 1959, F.S.A.,
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Rodriguez v. Sears Holdings Corporations, 162 So. 3d 129 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 19599, 2014 WL 6765607

termination of supplemental benefits pursuant to ... section 440.15(l)(f)l., Florida Statutes (1995) is not a reverse
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Retreat Rest Home v. Porter, 554 So. 2d 1198 (Fla. 1st DCA 1989).

Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 2921, 1989 Fla. App. LEXIS 7098, 1989 WL 152166

her restrictions without any justification. Section 440.15(6), Fla. Stat. precludes any compensation award
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State Dep't of Ins. v. Damore, 517 So. 2d 84 (Fla. 1st DCA 1987).

Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2910, 1987 Fla. App. LEXIS 11726, 1987 WL 3219

of a workers’ compensation order by which a section 440.15(9)(a), Florida Statutes, compensation offset
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Thomas v. State, Dep't of Transp., 305 So. 2d 169 (Fla. 1974).

Published | Supreme Court of Florida | 1974 Fla. LEXIS 4039

precipitating a hernia; 2. The requirements of Section 440.-15(6), Florida Statutes, were not met, particularly
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Cannino v. Progressive Express Ins. Co., 58 So. 3d 275 (Fla. 2d DCA 2010).

Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 19397, 2010 WL 5129298

.13, and it includes disability compensation, § 440.15. *277Unlike the PIP statute, however, the workers’
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Barnett Bank of Volusia Cnty. v. Pelle, 684 So. 2d 311 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 13592, 1996 WL 720577

pursuant to section 440.15(l)(e), Florida Statutes (Supp.1994). The JCC determined that section 440.15(l)(e)
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Dax & Trim Dev. Co. v. Mullens, 590 So. 2d 539 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 12757, 1991 WL 278995

social security (SS) offset taken pursuant to Section 440.15(9)(a), Florida Statutes (Supp.1984), was improperly
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Salazar v. Jules Gillette, Inc., 243 So. 2d 138 (Fla. 1970).

Published | Supreme Court of Florida | 1970 Fla. LEXIS 2241

evidence to support his claim for benefits under F.S. § 440.15(6), F.S.A. Although it is not the function of
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State, Dep't of Labor & Emp. Sec. v. McGrath, 774 So. 2d 791 (Fla. 1st DCA 2000).

Published | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 16332, 2000 WL 1839204

initially includes supplemental benefits paid under section 440.15(l)(e)(l), Florida Statutes (1985), the employer/carrier
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S.E. Env't Contractors, Inc. v. Cayasso, 611 So. 2d 7 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 12809, 1992 WL 379417

apply the 80/80 percent wage-loss formula in section 440.15(3)(b)l, Florida Statutes (1990), because the
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United States Fire Ins. Co. & Oxford Shops of South Florida v. Virginia Hackett, 260 So. 3d 532 (Fla. 1st DCA 2018).

Published | Florida 1st District Court of Appeal

...To bar E/Cs from petitioning for modifications of medical benefits upon evidence of a change in claimants’ condition runs afoul of the Legislative intent to decide cases on their merits quickly and efficiently without skewing in favor of either side. § 440.015, Fla....
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Univ. of Miami Med. Sch. v. Singleton, 582 So. 2d 1182 (Fla. 1st DCA 1990).

Published | Florida 1st District Court of Appeal | 1990 WL 205437

employer in order to qualify as `wages.'" See also § 440.15(2), Fla. Stat. (TTD based on percentage of AWW);
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Nat'l Advert./3M v. Wise, 590 So. 2d 1028 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 12515, 1991 WL 265052

substantial deviation from the provisions of section 440.15, Florida Statutes, in her calculation of average
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Flagship Nat'l Bank of Broward Cnty. v. Hinkle, 479 So. 2d 828 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2760, 1985 Fla. App. LEXIS 17297

proposition that the deputy is prohibited by section 440.15(5)(a), Florida Statutes (1983), from apportioning
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Bay Steel Erections v. Chung, 483 So. 2d 27 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2743, 1985 Fla. App. LEXIS 17341

according to the statutory method provided in Section 440.15(3)(b), Florida Statutes. AFFIRMED in part,
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Seminole Cnty. Bd. of Cnty. Commissioners v. Chaplin, 460 So. 2d 544 (Fla. 1st DCA 1984).

Published | Florida 1st District Court of Appeal | 9 Fla. L. Weekly 2617, 1984 Fla. App. LEXIS 16667

entitled to catastrophic loss benefits pursuant to § 440.15(2)(b), Fla. Stat. He went on to explain: I make
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Gray v. Publix Supermarkets, Inc., 999 So. 2d 691 (Fla. 1st DCA 2008).

Published | Florida 1st District Court of Appeal | 2008 WL 5191679

one issue because it involves construction of section 440.15(3)(g), Florida Statutes (2003), a statute which
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Lalonde v. Checker's Drive-in Restaurants, 943 So. 2d 993 (Fla. 1st DCA 2006).

Published | Florida 1st District Court of Appeal | 2006 WL 3589004

definition, is "total in character, but temporary." § 440.15(2)(a), Fla. Stat. (2002). Because Claimant was
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Raymond James & Assocs. v. Smith, 860 So. 2d 1081 (Fla. 1st DCA 2003).

Published | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 18787, 2003 WL 22909169

benefits in addition to her PTD benefits. See, § 440.15(l)(f)l, Fla. Stat. (1997). 7. However, the employer/carrier
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Mcclung-gagne v. Harbour City Volunteer, 721 So. 2d 799 (Fla. 1st DCA 1998).

Published | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 15613, 1998 WL 852301

...xter v. Hog Valley Volunteer Fire Dep't, 669 So.2d 285 (Fla. 5th DCA 1996). The Baxter court did not address the question of whether the Hog Valley Fire Department constituted a quasi-public corporation which was acting as a governmental entity. [3] Section 440.015, Florida Statutes (1991), provides that "the Legislature hereby declares that disputes concerning the facts in workers' compensation cases are not to be given a broad liberal construction in favor of the employee on one hand or the employer on the other hand." (emphasis added)....
...ere. Schafrath v. Marco Bay Resort, Ltd., 608 So.2d 97, 103 n. 3 (Fla. 1st DCA 1992). The 1994 amendments to the workers' compensation law specifically modified the rule of statutory construction applied under the law governing the instant case. See § 440.015, Fla....
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Hunter v. Richie's Econ. Cars, 406 So. 2d 1285 (Fla. 1st DCA 1981).

Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 21984

issue the effective date of the 1979 amendments to § 440.15(2) (the compensation rate for temporary total
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Ridge Pallets, Inc. v. John, 406 So. 2d 1292 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21991

for the wage loss benefits available under Section 440.15(3)(b), the act requires the worker to report
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James Lewis Drywall v. Davis, 627 So. 2d 1302 (Fla. 1st DCA 1993).

Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 12169, 1993 WL 504452

patellectomy constitutes an “amputation” under section 440.15(3)(a), Florida Statutes (1987).1 We conclude
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Moya v. Palm Beach Cnty. Sch. Bd., 627 So. 2d 1307 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 12171, 1993 WL 504496

employment with 13 or 14 employers every two weeks. Section 440.15(3)(b)(3), Florida Statutes (1989), does not
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Christian v. Carolina Freight Carrier Corp., 571 So. 2d 524 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9215, 1990 WL 197963

1988), review denied, 542 So.2d 989 (Fla.1989). Section 440.15(3)(b), Florida Statutes, in effect at the time
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Pan Am. World Airways v. Maguire, 499 So. 2d 878 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2603, 1986 Fla. App. LEXIS 11395

circumstances of this case are not described in section 440.15(5), Florida Statutes, the provision covering
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Luis Rodriguez v. Sears Holdings Corporations, et a. (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal

of supplemental benefits pursuant to . . . section 440.15(1)(f)1., Florida Statutes (1995) is not a reverse
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Avanti Press, Inc. v. Corrales, 645 So. 2d 1100 (Fla. 1st DCA 1994).

Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 11521, 1994 WL 668182

Disability benefits. I base this finding on F.S. § 440.15(2) as the claimant was unable to work as a result
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Noel v. M. Ecker & Co., 422 So. 2d 1062 (Fla. 2d DCA 1982).

Published | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 21818

disability benefits was not compensable under Section 440.15(3), Florida Statutes (1979). We affirm. Noel
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McGarity v. Merit Elec. Co., 473 So. 2d 836 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 1985 Fla. App. LEXIS 22159

conclusion is bolstered by the provisions of Section 440.-15(5)(a), Florida Statutes (1983): (a) The fact
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McGarity v. Merit Elec. Co., 478 So. 2d 1074 (Fla. 3d DCA 1985).

Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1925, 1985 Fla. App. LEXIS 15211

conclusion is bolstered by the provisions of Section 440.-15(5)(a), Florida Statutes (1983): (a) The fact
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Patterson v. Union Corr. Inst., 697 So. 2d 993 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 9029, 1997 WL 441907

this appeal is the proper interpretation of section 440.15(3)(b)l., Florida Statutes (1993), which states
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E. Airlines v. Kennedy, 564 So. 2d 1244 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 5737, 1990 WL 110285

apportionment, as there was no evidence presented.” Section 440.15(5)(b), Florida Statutes (1987) provides that
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Murphree Bridge Corp. v. Brown, 492 So. 2d 451 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1701, 1986 Fla. App. LEXIS 9292

Wage-loss benefits, pursuant to the provisions of Section 440.15(3)(b), were designed to compensate an injured
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Alie v. Crum Staffing, Inc., 41 So. 3d 1007 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11409, 35 Fla. L. Weekly Fed. D 1757

statutory formula in section 440.15(4)(a), as well as the language in section 440.15(7) which states that
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Cope v. Electro-Prot. Corp., 737 So. 2d 650 (Fla. 1st DCA 1999).

Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 10574, 1999 WL 569561

the employer/carrier to annually recalculate the § 440.15(9), Fla. Stat. (1987), offset upon eligibility
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Huff v. Loral Am. Beryllium Co., 967 So. 2d 244 (Fla. 1st DCA 2007).

Published | Florida 1st District Court of Appeal | 2007 WL 2456200

An occupational disease claim is statutory. See § 440.15, Fla. Stat. (1995). Moreover, under a claim of
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Merritt Manor Nursing Home v. Caldwell, 667 So. 2d 265 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9170, 1995 WL 511600

injury pursuant to section 440.15(l)(b), Florida Statutes (Supp.1994). Under section 440.15(l)(b), Florida
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Ravenswood-Griffin Volunteer Fire Dep't v. Newman, 422 So. 2d 321 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21036

remand the deputy should conform this award to Section 440.15(4), Florida Statutes (1975). At the final hearing
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WPOM Partners v. Lovell, 623 So. 2d 803 (Fla. 1st DCA 1993).

Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 8930, 1993 WL 328427

during the period of the award pursuant to section 440.15(3)(b)l, Florida Statutes (Supp.1988), was to
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City of Miami v. Tombley, 605 So. 2d 895 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 9270, 1992 WL 206382

of Miami, 545 So.2d 252 (Fla.1989); see also section 440.15(1), Florida Statutes (1987). Claimant testified
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Hing v. Richard Elec. Supply Co., 388 So. 2d 13 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17978

and did not immediately follow the accident. Section 440.15(6), Florida Statutes (1977). We reverse because
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Winn Dixie Stores, Inc. v. La Torre, 702 So. 2d 1267 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 10001, 1997 WL 525221

1997)(emphasis supplied). More restrictively, section 440.15(4)(b), Florida Statutes (1991), provides that
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McDonald v. Florida Erection Servs., 437 So. 2d 188 (Fla. 1st DCA 1983).

Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 20157

rehearing is denied, 437 So.2d 678 (Fla.App.1983). Section 440.15(3)(b)(l), Florida Statutes (1979) specifically
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Parks v. Dade Cnty. Waste Div., 402 So. 2d 563 (Fla. 3d DCA 1981).

Published | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 20867

the employer was entitled to set off under Section 440.15(5)(c). However, the settlement agreement merely
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Barry v. Burdines, 667 So. 2d 241 (Fla. 5th DCA 1995).

Published | Florida 5th District Court of Appeal | 4 Am. Disabilities Cas. (BNA) 1503, 1995 Fla. App. LEXIS 8855, 1995 WL 496997

benefits in excess of the 78 weeks allowed under section 440.15(3)(b)4.d.(III), Florida Statutes (1991). The
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Goding v. City of Boca Raton, 121 So. 3d 1117 (Fla. 1st DCA 2013).

Published | Florida 1st District Court of Appeal | 2013 WL 4482486, 2013 Fla. App. LEXIS 13393

PTD supplemental benefits, as provided for in section 440.15(l)(e)l., Florida Statutes (Supp. 1992). At
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Atl. Plastering, Inc. v. O'HARA, 454 So. 2d 743 (Fla. 1st DCA 1984).

Published | Florida 1st District Court of Appeal

O'Hara of catastrophic loss benefits pursuant to Section 440.15(2)(b), Florida Statutes (1983). O'Hara, a plasterer
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Rios v. Fred Tietelbaum Constr., 528 So. 2d 1293 (Fla. 1st DCA 1988).

Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 1806, 1988 Fla. App. LEXIS 3430, 1988 WL 78719

four-month period by averaging claimant’s profits. Section 440.15(3)(b)l. See Carpenters R. V Service v. Eckert
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Coca-Cola Co.—Foods Div. v. Long, 436 So. 2d 411 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20109

supplemental benefit payments due claimant under § 440.15(l)(e), Florida Statutes (1981). On April 13, 1982
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Letcavage v. John Biggie & Co., 418 So. 2d 417 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20981

asserts the deputy commissioner erred in applying Section 440.15(10)(a) retroactively and erred in denying her
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Watson-Mahaney, Inc. v. Best, 492 So. 2d 846 (Fla. 1st DCA 1986).

Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1817, 1986 Fla. App. LEXIS 9417

claimant is ineligible for wage loss benefits under § 440.-15(3)(b)3.d., Fla.Stat. (1981), and that claimant
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Ivey's, Inc. v. Adams, 492 So. 2d 847 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1817, 1986 Fla. App. LEXIS 9419

unemployment compensation benefits were received. Section 440.15(10)(a), Florida Statutes. The award of costs
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Stoker/Ashland v. Douglas, 455 So. 2d 514 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 9 Fla. L. Weekly 1772, 1984 Fla. App. LEXIS 14760

an offset is required by the provisions of Section 440.15(10)(b), Florida Statutes. Accordingly, the
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Special Disability Trust Fund, Dep't of Labor & Emp. Sec. v. Sunshine Junior Stores, Inc., 417 So. 2d 1170 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20888

apply to reimbursement of wage loss benefits under § 440.15(3), Fla.Stat. (1979). The deputy found that the
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West Florida Hosp. v. Washington, 418 So. 2d 1134 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20884

compensable catastrophic injury as defined by section 440.15(2)(b), Florida Statutes (1979), and the claimant
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Grice v. Escambia Cnty. Sheriff's Dep't, 658 So. 2d 1208 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8557, 1995 WL 478263

to social security benefits was provided by Section 440.15(9)(a), Florida Statutes. The JCC acknowledged
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Whitman v. Hillsborough Cnty. Sch. Bd., 386 So. 2d 877 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17341

to Florida’s Social Security Offset Statute, Section 440.15(10), in Section 6, Chapter 75-209, Laws of
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Haynes v. World Color Press, 794 So. 2d 674 (Fla. 1st DCA 2001).

Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 11399, 2001 WL 910101

injured worker or the rights of the employer,” section 440.015, Florida Statutes (1997), the same section
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Glynn v. McKenzie Tank Lines, 511 So. 2d 696 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1979, 1987 Fla. App. LEXIS 9945

reliance on the deemed earnings provision of Section 440.-15(4)(b): In the event the employee voluntarily
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City of Miami v. Watkins, 530 So. 2d 380 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1886, 1988 Fla. App. LEXIS 3657, 1988 WL 81955

last compensable injury here in question is section 440.-15(5)(b), Florida Statutes (1981), under which
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State Dep't of Transp. v. Houlihan, 402 So. 2d 490 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20688

did err by utilizing an inapplicable statute. Section 440.15(2)(a), Florida Statutes (1978), provides that
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SBCR, Inc. d/b/a S. Concrete Repair, BITCO Ins. Companies v. Calvin Doss, 275 So. 3d 1290 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

order, the JCC found that, in accordance with section 440.15(1)(f), Florida Statutes (2008), Claimant continued
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Emro Mktg. v. Jones, 671 So. 2d 237 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 3515, 1996 WL 160791

application of the “deemed earnings” provision of section 440.15(4)(b), Florida Statutes (1991). If the JCC
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Klase v. Wendy's Old Fashioned Hamburgers, 466 So. 2d 441 (Fla. 1st DCA 1985).

Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 896, 1985 Fla. App. LEXIS 13315

Florida Workers’ Compensation Act, codified as Section 440.-15(9)(d), Florida Statutes (1983),2 is procedural
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McCrory Stores/Nat'l Union v. Workman, 596 So. 2d 804 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4255, 1992 WL 69054

1990 and continuing, after he had applied section 440.-15(3)(b)3.a., Florida Statutes (1985) to bar appellee’s
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Myers v. Holiday House, 578 So. 2d 349 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 3183, 1991 WL 46833

application of deemed earnings in accordance with section 440.15(3)(b)2, Florida Statutes (Supp.1984), and we
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Com. Carrier Corp. v. Zellers, 579 So. 2d 157 (Fla. 1st DCA 1991).

Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 3182, 1991 WL 46837

impairment, as required for wage-loss benefits under section 440.15(3)(b)l, Florida Statutes. Although the appealed
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Pic N Save Drug Co. v. Moore, 412 So. 2d 410 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19754

concur. . According to the formula set forth in Section 440.15(3)(b)l, Florida Statutes (1979), claimant’s
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Irving v. Ametek, Inc., 756 So. 2d 1045 (Fla. Dist. Ct. App. 2000).

Published | District Court of Appeal of Florida | 2000 Fla. App. LEXIS 4194, 2000 WL 353479

disability, impairment, anomaly, or disease.” § 440.15(5)(a), Fla. Stat. (1995). Since, as the majority
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Fairchild Aircraft v. Raybon, 634 So. 2d 801 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 3214, 1994 WL 113638

disagree. According to the controlling language of section 440.15, unchanged by the 1989 amendments, PTD “shall
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Logan v. Maint., Inc., 173 So. 2d 690 (Fla. 1965).

Published | Supreme Court of Florida | 1965 Fla. LEXIS 3406

in favor of the claimant entered pursuant to § 440.-15(5) (d) (2), F.S., 1961, Laws 1959, c. 59-102,
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Campbell v. L & C Constr., 869 So. 2d 708 (Fla. 1st DCA 2004).

Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 4549, 2004 WL 726817

calculate the benefits at the AWW of $679.04. See § 440.15(2), Fla. Stat. PADOVANO and POLSTON, JJ„ concur
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Sedgwick CMS & The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

...As previously noted, this construction would broaden the potential tort liability for every employer in Florida. Moreover, this construction would contravene the legislative intent to ensure the prompt delivery of benefits to the injured worker by an efficient and self-executing system. § 440.015, Fla....
...Today the majority charts a course towards uncertainty and away from the Legislative intent “to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.” § 440.015, Fla....
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Lopez v. A. Duda & Sons, Inc., 109 So. 3d 1277 (Fla. 1st DCA 2013).

Published | Florida 1st District Court of Appeal | 2013 WL 1338696, 2013 Fla. App. LEXIS 5472

residence, due to his ... physical limitation.” § 440.15(1), Fla. Stat. (2010). This court has recognized
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Boynton Landscape Co. v. Dickinson, 487 So. 2d 1106 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 797, 1986 Fla. App. LEXIS 7170

required by section 440.20(12)(a). We agree. Section 440.15(l)(e)(l), when read in pari materia with Section
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C. A. Carroll Constr. Co. v. Long, 397 So. 2d 751 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19669

of the two separate and distinct accidents. See § 440.15(5)(b). Also, before assessing a disability rating
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Kneer v. Lincare & Travelers Ins., 267 So. 3d 1077 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

statute's 104-week cap on temporary benefits in § 440.15(2)(a) violated article I, § 21, of the Florida
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William Kneer v. Lincare & Travelers Ins. (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

...psychiatric perspective to return to work. These factors make Claimant’s situation different from the ruinous situation faced by Mr. Westphal. Under these circumstances, we see no Westphal-type constitutional problem with the statute’s limitation on psychiatric benefits. See § 440.015, Fla....
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Kneer v. Lincare & Travelers Ins., 267 So. 3d 1077 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

statute's 104-week cap on temporary benefits in § 440.15(2)(a) violated article I, § 21, of the Florida
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Escambia Cnty. Sch. Dist./Bd. v. Vickery-Orso, 109 So. 3d 1242 (Fla. 1st DCA 2013).

Published | Florida 1st District Court of Appeal | 2013 WL 1316535, 2013 Fla. App. LEXIS 5442

calculations of the appropriate compensation rates. Section 440.15(l)(a), Florida Statutes (2007), states that
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Walker v. Heavy Mach. Tool & Transporters Inc., 576 So. 2d 1363 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 3181, 1991 WL 46854

12% per annum from 8/16/86 until paid. Under Section 440.15(4)(b), Florida Statutes (1989), the employee
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Acosta v. Kraco, Inc., 448 So. 2d 562 (Fla. 3d DCA 1984).

Published | Florida 3rd District Court of Appeal | 1984 Fla. App. LEXIS 12585

series of challenges to the constitutionality of section 440.15(3)(b)3d, Florida Statutes (1979), which prohibits
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Sharon Varricchio v. St. Lucie Cnty. Clerk of Courts & Ascension Ins., 271 So. 3d 1206 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

permanent impairment benefits (“IBs”) pursuant to section 440.15(3), Florida Statutes (2013). The E/C then filed
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Martinez v. Lake Park Auto Brokers, Inc., 60 So. 3d 533 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 6056, 2011 WL 1601443

address the adequacy of Claimant’s job search. Section 440.15(l)(b), Florida Statutes (2006), provides that
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Brownell v. Hillsborough Cnty., 617 So. 2d 803 (Fla. 4th DCA 1993).

Published | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 4689, 18 Fla. L. Weekly Fed. D 1105

Claimant also attacks the constitutionality of section 440.15(3)(a)l, Florida Statutes (1989), both facially
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City of Miami v. Jacoby, 599 So. 2d 171 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4833, 1992 WL 84169

the result of the compensable injury, and Section 440.-15(3)(b)(2), Florida Statutes (1983), provides
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Marvin Castellanos v. Next Door Co., 192 So. 3d 431 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 197, 2016 WL 1700521, 2016 Fla. LEXIS 885

...Mariner Health, 994 So.2d 1051, 1057-58 (Fla. 2008). From its outset, the workers’ compensation law was designed to assure, as the current legislative statement of purpose provides, “the quick and efficient delivery of disability and medical benefits to an injured worker.” § 440.015, Fla....
...It is undeniable that without the right to an attorney with a reasonable fee, the workers’ compensation law can. no longer “assure .the quick and efficient delivery of disability and medical benefits to an injured worker,” as is the stated legislative intent in section 440.015, Florida Statutes (2009), nor can it provide workers with “full medical care and wage-loss payments for total or partial disability regardless of fault and without the delay and uncertainty of tort litigation.” Martinez v....
...workers’ compensation, system in Florida is based.on a mutual renunciation of common-law rights and defenses by employers and employees alike.... It is the intent of the Legislature to ensure the prompt delivery of benefits to the injured worker. § 440.015, Fla....
..., , The stated goal of the workers’ compensation system remains to this date the “quick and efficient delivery of disability and medical benefits to an injured worker” so as “to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.” § 440.015, Fla....
...ny penalty to the E/C for wrongfully denying or delaying benefits in contravention to the stated purpose of the statutory scheme. And .although there is a “mutual renunciation of common-law rights and defenses by. employers and employees alike,” § 440.015, Fla....
...which the workers', compensation system has become increasingly complex and difficult, if not impossible, for an injured worker to successfully navigate without the assistance of an attorney: (1) the elimination of the provision that the workers’ compensation law be liberally construed in favor of the injured worker, § 440.015, Fla....
...cause” standard in civil cases, § 440.09(1), Fla. Stat.; (5) a heightened burden of proof of “clear and convincing evidence” in some types of cases, §§ 440.02(1), 440.09(1), Fla, Stat,; (6) the elimination of the “opt- out” provision, §§ 440.015, 440.03, Fla....
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Orange Cnty. Corr. v. Summers, 870 So. 2d 952 (Fla. 1st DCA 2004).

Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 5651, 2004 WL 875524

temporary partial disability benefits pursuant to section 440.15(4)(a), Florida Statutes (2002), which the employer
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Eckert v. Publix Supermarkets, Inc., 783 So. 2d 1187 (Fla. 1st DCA 2001).

Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 5561, 2001 WL 420597

re-employment assessment as authorized pursuant to F.S. 440.15(l)(e)l and further that should the Claimant willfully
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Bottling Grp., LLC v. Giovanni E. Bastien (Fla. 3d DCA 2024).

Published | Florida 3rd District Court of Appeal

...1997)). Florida’s Workers’ Compensation Law, codified in chapter 440, Florida Statutes, is designed to “assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.” § 440.015, Fla....
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Sears, Roebuck & Co. v. Moreno, 382 So. 2d 1319 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16460

the compensability of the right-side hernia. Section 440.15(6), F.S. provides in part: (6) HERNIA. — In
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Brosnan v. Sourbeck Roofing, Inc., 578 So. 2d 460 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 3839, 1991 WL 59997

earning capacity. The pertinent portion of Section 440.15(3)(b)2, Florida Statutes (1983), provides:
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Peacock Fruit & Cattle Corp. v. Prescott, 397 So. 2d 390 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19335

appellee’s reliance upon the provisions of Section 440.15(5)(c) is inappropriate. In view of the determination
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Sheraton Twin Towers v. Casas, 397 So. 2d 391 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19336

temporary partial compensation provided in Section 440.15(4), Florida Statutes. As to these benefits
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Florida State Tpk. Auth. v. Garvey, 234 So. 2d 354 (Fla. 1970).

Published | Supreme Court of Florida | 1970 Fla. LEXIS 2778

also contended on behalf of petitioners that Section 440.15(5) (c), Fla. Stat., F.S.A., required the Industrial
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Costanzo v. Pik n' Run 4, 654 So. 2d 588 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 4172, 1995 WL 232505

were entitled to deemed earnings pursuant to section 440.15(3)(b)5., Florida Statutes. This defense was
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Southgate Towers Restaurant v. Knell, 247 So. 2d 57 (Fla. 1971).

Published | Supreme Court of Florida | 1971 Fla. LEXIS 3762

date of accident, June 16, 1963, i. e., F.S. section 440.15(3) (u), F.S.A., providing for awards on unscheduled
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Bonifay Mfg. Co. v. Harris, 691 So. 2d 1170 (Fla. 1st DCA 1997).

Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 4007, 1997 WL 186280

Security Disability (SSD) benefits pursuant to section 440.15(l)(£)2.b., Florida Statutes (1994). The JCC
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Kaiser Aluminum & Chem. v. Taylor, 578 So. 2d 432 (Fla. 1st DCA 1991).

Published | Florida 1st District Court of Appeal | 1991 WL 60018

from uninterruptedly performing even light work. § 440.15(1)(b), Fla. Stat. (1981). PTD may be established
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Thomas v. T & T Trucking, 382 So. 2d 449 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16395

from the subsequent injury . alone . . . .” Section 440.-15(5)(c). Aside from the prior adjudication of
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Nuce v. City of Miami Beach, 140 So. 2d 303 (Fla. 1962).

Published | Supreme Court of Florida | 1962 Fla. LEXIS 2862

appears to have overlooked the applicable statute, § 440.15(3) (u), Florida Statutes, F.S.A., which he should
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Walt Disney World Co. v. McCrea, 754 So. 2d 196 (Fla. 1st DCA 2000).

Published | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 4485, 2000 WL 380217

...nly if the stepchild is under 18 and a dependent at the time the employee dies. 3 To rule otherwise would result in our reading section 440.02(5) into section 440.13(l)(b) expansively, thereby favoring the E/SI, which we are not permitted to do. See § 440.015, Fla....
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Leticia Morales v. Zenith Ins. Co. (11th Cir. 2013).

Published | Court of Appeals for the Eleventh Circuit

...We then state the certified questions. A. Florida’s Workers’ Compensation Act The right of an injured employee to recover from his employer for an injury sustained in the course of his employment is governed by Florida’s Workers’ Compensation Act. See Fla. Stat. § 440.015....
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Begyn v. State Bus. & Prof'l Regulations, 849 So. 2d 336 (Fla. 1st DCA 2003).

Published | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 5243, 2003 WL 1872408

...legislative intent that the workers’ compensation law be interpreted in order “to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment.” § 440.015, Fla....
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Pinellas Ambulance Serv., Inc. v. Gettinger, 504 So. 2d 1386 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 7669, 12 Fla. L. Weekly 1049

claimant was entitled to such compensation under section 440.-15(l)(b), Florida Statutes (1980), and reverse
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Se. Milk/Zurich North Am. v. Fisher, 135 So. 3d 582 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal | 2014 WL 1415204, 2014 Fla. App. LEXIS 5432

been discharged for misconduct, given that section 440.15(4)(e), Florida Statutes (2012), unequivocally
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Lawson v. Okaloosa Mills Divtsion, 396 So. 2d 850 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19265

120 So.2d 596 (Fla. 1960) (now codified in Section 440.15(l)(b), Florida Statutes, 1979). Following such
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Avellino v. Pantry Pride Enter., Inc., 597 So. 2d 347 (Fla. 1st DCA 1992).

Published | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 4286, 1992 WL 74884

applying the deemed earnings provision in section 440.-15(3)(b), Florida Statutes (1983).1 We re*348verse
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Jones Shutter Prods., Inc. v. Jackson, 185 So. 2d 476 (Fla. 1966).

Published | Supreme Court of Florida | 1966 Fla. LEXIS 3640

and awarded benefits of $8.00 per week under Section 440.15(2) and Section 440.12(2), Florida Statutes
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Spaulding v. Albertson's, 559 So. 2d 1249 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2809, 1990 WL 43135

Applying the deemed earnings provisions of section 440.15(3)(b)2, Florida Statutes, the judge concluded
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Cabrera v. Universal Trusses, Inc., 429 So. 2d 768 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19063

Guides ... shall be used for the purposes hereof.” § 440.15(3)(a)3. The burden is accordingly on the deputy
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Eckerd Drugs v. Wright, 429 So. 2d 769 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19064

applicability of the “deemed earnings” provision of § 440.15(3)(b)2, Florida Statutes, as discussed in Pompano
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Crosby Aeromarine Co. v. Wilson, 198 So. 2d 15 (Fla. 1967).

Published | Supreme Court of Florida | 1967 Fla. LEXIS 3851

decided January 25, 1967. . Florida Statutes § 440.15(5) (c), F.S.A. . 2 Larson, The Law of Workmen’s
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Bass v. Sarasota Cnty. Bd. of Cnty. Commissioners, 596 So. 2d 1229 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4259, 1992 WL 74963

claim for wage loss benefits on the ground that section 440.15(3)(b)3.a., Florida Statutes (1987),1 terminated
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Pasco Cnty. v. Green, 382 So. 2d 798 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16541

full-time during that period. We agree. Pursuant to F.S. 440.15(3)(u), disability is defined as either physical
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City of Sanford v. Bradley, 411 So. 2d 1032 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19586

employer/carrier comply with the provisions of § 440.15(2)(a), Florida Statutes. As so construed, we find
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Plant City Steel v. Grace, 381 So. 2d 738 (Fla. 1st DCA 1980).

Published | Florida 1st District Court of Appeal

consistent with the provisions of the hernia statute, § 440.15(6), Florida Statutes. The order on appeal finds:

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.