Florida Statute 440.2 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.02

440.02 Definitions.—When used in this chapter, unless the context clearly requires otherwise, the following terms shall have the following meanings:

(1) “Accident” means only an unexpected or unusual event or result that happens suddenly. Disability or death due to the accidental acceleration or aggravation of a venereal disease or of a disease due to the habitual use of alcohol or controlled substances or narcotic drugs, or a disease that manifests itself in the fear of or dislike for an individual because of the individual’s race, color, religion, sex, national origin, age, or handicap is not an injury by accident arising out of the employment. Subject to s. 440.15(5), if a preexisting disease or anomaly is accelerated or aggravated by an accident arising out of and in the course of employment, only acceleration of death or acceleration or aggravation of the preexisting condition reasonably attributable to the accident is compensable, with respect to any compensation otherwise payable under this chapter. An injury or disease caused by exposure to a toxic substance, including, but not limited to, fungus or mold, is not an injury by accident arising out of the employment unless there is clear and convincing evidence establishing that exposure to the specific substance involved, at the levels to which the employee was exposed, can cause the injury or disease sustained by the employee.

(2) “Adoption” or “adopted” means legal adoption prior to the time of the injury.

(3) “Agency” means the Agency for Health Care Administration.

(4) “Arising out of” pertains to occupational causation. An accidental injury or death arises out of employment if work performed in the course and scope of employment is the major contributing cause of the injury or death.

(5) “Carrier” means any person or fund authorized under s. 440.38 to insure under this chapter and includes a self-insurer, and a commercial self-insurance fund authorized under s. 624.462.

(6) “Casual” as used in this section refers only to employments for work that is anticipated to be completed in 10 working days or less, without regard to the number of persons employed, and at a total labor cost of less than $500.

(7) “Child” includes a posthumous child, a child legally adopted prior to the injury of the employee, and a stepchild or acknowledged child born out of wedlock dependent upon the deceased, but does not include married children unless wholly dependent on the employee. “Grandchild” means a child as above defined of a child as above defined. “Brother” and “sister” include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers or married sisters unless wholly dependent on the employee. “Child,” “grandchild,” “brother,” and “sister” include only persons who at the time of the death of the deceased employees are under 18 years of age, or under 22 years of age if a full-time student in an accredited educational institution.

(8) “Compensation” means the money allowance payable to an employee or to his or her dependents as provided for in this chapter.

(9) “Construction design professional” means an architect, professional engineer, landscape architect, or surveyor and mapper, or any corporation, professional or general, that has a certificate to practice in the construction design field from the Department of Business and Professional Regulation.

(10) “Construction industry” means for-profit activities involving any building, clearing, filling, excavation, or substantial improvement in the size or use of any structure or the appearance of any land. However, “construction” does not mean a homeowner’s act of construction or the result of a construction upon his or her own premises, provided such premises are not intended to be sold, resold, or leased by the owner within 1 year after the commencement of construction. The division may, by rule, establish codes and definitions thereof that meet the criteria of the term “construction industry” as set forth in this section.

(11) “Corporate officer” or “officer of a corporation” means any person who fills an office provided for in the corporate charter or articles of incorporation filed with the Division of Corporations of the Department of State or as authorized or required under part I of chapter 607. The term “officer of a corporation” includes a member owning at least 10 percent of a limited liability company as defined in and organized pursuant to chapter 605.

(12) “Date of maximum medical improvement” means the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability.

(13) “Death” as a basis for a right to compensation means only death resulting from an injury.

(14) “Department” means the Department of Financial Services; the term does not include the Financial Services Commission or any office of the commission.

(15) “Disability” means incapacity because of the injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury.

(16) “Division” means the Division of Workers’ Compensation of the Department of Financial Services.

(17) “Domestic individual self-insurer” means an individual self-insurer:

(a) Which is a corporation formed under the laws of this state;

(b) Who is an individual who is a resident of this state or whose primary place of business is located in this state; or

(c) Which is a partnership whose principals are residents of this state or whose primary place of business is located in this state.

(18)(a) “Employee” means any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors.

(b) “Employee” includes any person who is an officer of a corporation and who performs services for remuneration for such corporation within this state, whether or not such services are continuous.

1. Any officer of a corporation may elect to be exempt from this chapter by filing notice of the election with the department as provided in s. 440.05.

2. As to officers of a corporation who are engaged in the construction industry, no more than three officers of a corporation or of any group of affiliated corporations may elect to be exempt from this chapter by filing a notice of the election with the department as provided in s. 440.05. Officers must be shareholders, each owning at least 10 percent of the stock of such corporation and listed as an officer of such corporation with the Division of Corporations of the Department of State, in order to elect exemptions under this chapter. For purposes of this subparagraph, the term “affiliated” means and includes one or more corporations or entities, any one of which is a corporation engaged in the construction industry, under the same or substantially the same control of a group of business entities which are connected or associated so that one entity controls or has the power to control each of the other business entities. The term “affiliated” includes, but is not limited to, the officers, directors, executives, shareholders active in management, employees, and agents of the affiliated corporation. The ownership by one business entity of a controlling interest in another business entity or a pooling of equipment or income among business entities shall be prima facie evidence that one business is affiliated with the other.

3. An officer of a corporation who elects to be exempt from this chapter by filing a notice of the election with the department as provided in s. 440.05 is not an employee.

Services are presumed to have been rendered to the corporation if the officer is compensated by other than dividends upon shares of stock of the corporation which the officer owns.

1. A sole proprietor or a partner who is not engaged in the construction industry, devotes full time to the proprietorship or partnership, and elects to be included in the definition of employee by filing notice thereof as provided in s. 440.05.

2. All persons who are being paid by a construction contractor as a subcontractor, unless the subcontractor has validly elected an exemption as permitted by this chapter, or has otherwise secured the payment of compensation coverage as a subcontractor, consistent with s. 440.10, for work performed by or as a subcontractor.

3. An independent contractor working or performing services in the construction industry.

4. A sole proprietor who engages in the construction industry and a partner or partnership that is engaged in the construction industry.

(d) “Employee” does not include:

1. An independent contractor who is not engaged in the construction industry.

a. In order to meet the definition of independent contractor, at least four of the following criteria must be met:

(I) The independent contractor maintains a separate business with his or her own work facility, truck, equipment, materials, or similar accommodations;

(II) The independent contractor holds or has applied for a federal employer identification number, unless the independent contractor is a sole proprietor who is not required to obtain a federal employer identification number under state or federal regulations;

(III) The independent contractor receives compensation for services rendered or work performed and such compensation is paid to a business rather than to an individual;

(IV) The independent contractor holds one or more bank accounts in the name of the business entity for purposes of paying business expenses or other expenses related to services rendered or work performed for compensation;

(V) The independent contractor performs work or is able to perform work for any entity in addition to or besides the employer at his or her own election without the necessity of completing an employment application or process; or

(VI) The independent contractor receives compensation for work or services rendered on a competitive-bid basis or completion of a task or a set of tasks as defined by a contractual agreement, unless such contractual agreement expressly states that an employment relationship exists.

b. If four of the criteria listed in sub-subparagraph a. do not exist, an individual may still be presumed to be an independent contractor and not an employee based on full consideration of the nature of the individual situation with regard to satisfying any of the following conditions:

(I) The independent contractor performs or agrees to perform specific services or work for a specific amount of money and controls the means of performing the services or work.

(II) The independent contractor incurs the principal expenses related to the service or work that he or she performs or agrees to perform.

(III) The independent contractor is responsible for the satisfactory completion of the work or services that he or she performs or agrees to perform.

(IV) The independent contractor receives compensation for work or services performed for a commission or on a per-job basis and not on any other basis.

(V) The independent contractor may realize a profit or suffer a loss in connection with performing work or services.

(VI) The independent contractor has continuing or recurring business liabilities or obligations.

(VII) The success or failure of the independent contractor’s business depends on the relationship of business receipts to expenditures.

c. Notwithstanding anything to the contrary in this subparagraph, an individual claiming to be an independent contractor has the burden of proving that he or she is an independent contractor for purposes of this chapter.

2. A real estate licensee, if that person agrees, in writing, to perform for remuneration solely by way of commission.

3. Bands, orchestras, and musical and theatrical performers, including disk jockeys, performing in licensed premises as defined in chapter 562, if a written contract evidencing an independent contractor relationship is entered into before the commencement of such entertainment.

4. An owner-operator of a motor vehicle who transports property under a written contract with a motor carrier which evidences a relationship by which the owner-operator assumes the responsibility of an employer for the performance of the contract, if the owner-operator is required to furnish motor vehicle equipment as identified in the written contract and the principal costs incidental to the performance of the contract, including, but not limited to, fuel and repairs, provided a motor carrier’s advance of costs to the owner-operator when a written contract evidences the owner-operator’s obligation to reimburse such advance shall be treated as the owner-operator furnishing such cost and the owner-operator is not paid by the hour or on some other time-measured basis.

5. A person whose employment is both casual and not in the course of the trade, business, profession, or occupation of the employer.

6. A volunteer, except a volunteer worker for the state or a county, municipality, or other governmental entity. A person who does not receive monetary remuneration for services is presumed to be a volunteer unless there is substantial evidence that a valuable consideration was intended by both employer and employee. For purposes of this chapter, the term “volunteer” includes, but is not limited to:

a. Persons who serve in private nonprofit agencies and who receive no compensation other than expenses in an amount less than or equivalent to the standard mileage and per diem expenses provided to salaried employees in the same agency or, if such agency does not have salaried employees who receive mileage and per diem, then such volunteers who receive no compensation other than expenses in an amount less than or equivalent to the customary mileage and per diem paid to salaried workers in the community as determined by the department; and

b. Volunteers participating in federal programs established under Pub. L. No. 93-113.

7. Unless otherwise prohibited by this chapter, any officer of a corporation who elects to be exempt from this chapter. Such officer is not an employee for any reason under this chapter until the notice of revocation of election filed pursuant to s. 440.05 is effective.

8. An officer of a corporation that is engaged in the construction industry who elects to be exempt from the provisions of this chapter, as otherwise permitted by this chapter. Such officer is not an employee for any reason until the notice of revocation of election filed pursuant to s. 440.05 is effective.

9. An exercise rider who does not work for a single horse farm or breeder, and who is compensated for riding on a case-by-case basis, provided a written contract is entered into prior to the commencement of such activity which evidences that an employee/employer relationship does not exist.

10. A taxicab, limousine, or other passenger vehicle-for-hire driver who operates said vehicles pursuant to a written agreement with a company which provides any dispatch, marketing, insurance, communications, or other services under which the driver and any fees or charges paid by the driver to the company for such services are not conditioned upon, or expressed as a proportion of, fare revenues.

11. A person who performs services as a sports official for an entity sponsoring an interscholastic sports event or for a public entity or private, nonprofit organization that sponsors an amateur sports event. For purposes of this subparagraph, such a person is an independent contractor. For purposes of this subparagraph, the term “sports official” means any person who is a neutral participant in a sports event, including, but not limited to, umpires, referees, judges, linespersons, scorekeepers, or timekeepers. This subparagraph does not apply to any person employed by a district school board who serves as a sports official as required by the employing school board or who serves as a sports official as part of his or her responsibilities during normal school hours.

12. Medicaid-enrolled clients under chapter 393 who are excluded from the definition of employment under s. 443.1216(4)(d) and served by Adult Day Training Services under the Home and Community-Based or the Family and Supported Living Medicaid Waiver program in a sheltered workshop setting licensed by the United States Department of Labor for the purpose of training and earning less than the federal hourly minimum wage.

13. Medicaid-enrolled clients under chapter 393 who are excluded from the definition of employment under s. 443.1216(4)(d) and served by Adult Day Training Services under the Family and Supported Living Medicaid Waiver program in a sheltered workshop setting licensed by the United States Department of Labor for the purpose of training and earning less than the federal hourly minimum wage.

(19)(a) “Employer” means the state and all political subdivisions thereof, all public and quasi-public corporations therein, every person carrying on any employment, and the legal representative of a deceased person or the receiver or trustees of any person. The term also includes employee leasing companies, as defined in s. 468.520(5), and employment agencies that provide their own employees to other persons. If the employer is a corporation, parties in actual control of the corporation, including, but not limited to, the president, officers who exercise broad corporate powers, directors, and all shareholders who directly or indirectly own a controlling interest in the corporation, are considered the employer for the purposes of ss. 440.105, 440.106, and 440.107.

(b) A homeowner shall not be considered the employer of persons hired by the homeowner to carry out construction on the homeowner’s own premises if those premises are not intended for immediate lease, sale, or resale.

(c) Facilities serving individuals under subparagraph (18)(d)12. shall be considered agents of the Agency for Health Care Administration as it relates to providing Adult Day Training Services under the Home and Community-Based Medicaid Waiver program and not employers or third parties for the purpose of limiting or denying Medicaid benefits.

(20)(a) “Employment,” subject to the other provisions of this chapter, means any service performed by an employee for the person employing him or her.

(b) “Employment” includes:

1. Employment by the state and all political subdivisions thereof and all public and quasi-public corporations therein, including officers elected at the polls.

2. All private employments in which four or more employees are employed by the same employer or, with respect to the construction industry, all private employment in which one or more employees are employed by the same employer.

3. Volunteer firefighters responding to or assisting with fire or medical emergencies whether or not the firefighters are on duty.

1. Domestic servants in private homes.

2. Agricultural labor performed on a farm in the employ of a bona fide farmer, or association of farmers, that employs 5 or fewer regular employees and that employs fewer than 12 other employees at one time for seasonal agricultural labor that is completed in less than 30 days, provided such seasonal employment does not exceed 45 days in the same calendar year. The term “farm” includes stock, dairy, poultry, fruit, fur-bearing animals, fish, and truck farms, ranches, nurseries, and orchards. The term “agricultural labor” includes field foremen, timekeepers, checkers, and other farm labor supervisory personnel.

3. Professional athletes, such as professional boxers, wrestlers, baseball, football, basketball, hockey, polo, tennis, jai alai, and similar players, and motorsports teams competing in a motor racing event as defined in s. 549.08.

4. Labor under a sentence of a court to perform community services as provided in s. 316.193.

5. State prisoners or county inmates, except those performing services for private employers or those enumerated in s. 948.036(1).

(21) “Foreign individual self-insurer” means an individual self-insurer:

(a) Which is a corporation formed under the laws of any state, district, territory, or commonwealth of the United States other than this state;

(b) Who is an individual who is not a resident of this state and whose primary place of business is not located in this state; or

(c) Which is a partnership whose principals are not residents of this state and whose primary place of business is not located in this state.

(22) “Individual self-insurer” means any employer who has secured payment of compensation pursuant to s. 440.38(1)(b) as an individual self-insurer.

(23) “Injury” means personal injury or death by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury. Damage to dentures, eyeglasses, prosthetic devices, and artificial limbs may be included in this definition only when the damage is shown to be part of, or in conjunction with, an accident. This damage must specifically occur as the result of an accident in the normal course of employment.

(24) “Insolvency” or “insolvent” means:

(a) With respect to an individual self-insurer:

1. That all assets of the individual self-insurer, if made immediately available, would not be sufficient to meet all the individual self-insurer’s liabilities;

2. That the individual self-insurer is unable to pay its debts as they become due in the usual course of business;

3. That the individual self-insurer has substantially ceased or suspended the payment of compensation to its employees as required in this chapter; or

4. That the individual self-insurer has sought protection under the United States Bankruptcy Code or has been brought under the jurisdiction of a court of bankruptcy as a debtor pursuant to the United States Bankruptcy Code.

(b) With respect to an employee claiming insolvency pursuant to s. 440.25(5), a person is insolvent who:

1. Has ceased to pay his or her debts in the ordinary course of business and cannot pay his or her debts as they become due; or

2. Has been adjudicated insolvent pursuant to the federal bankruptcy law.

(25) “Insolvent member” means an individual self-insurer which is a member of the Florida Self-Insurers Guaranty Association, Incorporated, or which was a member and has withdrawn pursuant to s. 440.385(1)(b), and which has been found insolvent, as defined in subparagraph (24)(a)1., subparagraph (24)(a)2., or subparagraph (24)(a)3., by a court of competent jurisdiction in this or any other state, or meets the definition of subparagraph (24)(a)4.

(26) “Insurer” means a group self-insurers’ fund authorized by s. 624.4621, an individual self-insurer authorized by s. 440.38, a commercial self-insurance fund authorized by s. 624.462, an assessable mutual insurer authorized by s. 628.6011, and an insurer licensed to write workers’ compensation and employer’s liability insurance in this state. The term “carrier,” as used in this chapter, means an insurer as defined in this subsection.

(27) “Misconduct” includes, but is not limited to, the following, which shall not be construed in pari materia with each other:

(a) Conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of the employee; or

(b) Carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of an employer’s interests or of the employee’s duties and obligations to the employer.

(28) “Office of Insurance Regulation” means the Office of Insurance Regulation of the Financial Services Commission.

(29) “Parent” includes stepparents and parents by adoption, parents-in-law, and any persons who for more than 3 years prior to the death of the deceased employee stood in the place of a parent to him or her and were dependent on the injured employee.

(30) “Partner” means any person who is a member of a partnership that is formed by two or more persons to carry on as co-owners of a business with the understanding that there will be a proportional sharing of the profits and losses between them. For the purposes of this chapter, a partner is a person who participates fully in the management of the partnership and who is personally liable for its debts.

(31) “Permanent impairment” means any anatomic or functional abnormality or loss determined as a percentage of the body as a whole, existing after the date of maximum medical improvement, which results from the injury.

(32) “Person” means individual, partnership, association, or corporation, including any public service corporation.

(33) “Self-insurer” means:

(a) Any employer who has secured payment of compensation pursuant to s. 440.38(1)(b) or (6) as an individual self-insurer;

(b) Any employer who has secured payment of compensation through a group self-insurance fund under s. 624.4621;

(d) A public utility as defined in s. 364.02 or s. 366.02 that has assumed by contract the liabilities of contractors or subcontractors pursuant to s. 624.46225; or

(e) Any local government self-insurance fund established under s. 624.4622.

(34) “Soft-tissue injury” means an injury that produces damage to the soft tissues, rather than to the skeletal tissues or soft organs.

(35) “Sole proprietor” means a natural person who owns a form of business in which that person owns all the assets of the business and is solely liable for all the debts of the business.

(36) “Specificity” means information on the petition for benefits sufficient to put the employer or carrier on notice of the exact statutory classification and outstanding time period of benefits being requested and includes a detailed explanation of any benefits received that should be increased, decreased, changed, or otherwise modified. If the petition is for medical benefits, the information shall include specific details as to why such benefits are being requested, why such benefits are medically necessary, and why current treatment, if any, is not sufficient. Any petition requesting alternate or other medical care, including, but not limited to, petitions requesting psychiatric or psychological treatment, must specifically identify the physician, as defined in s. 440.13(1), who is recommending such treatment. A copy of a report from such physician making the recommendation for alternate or other medical care shall also be attached to the petition. A judge of compensation claims shall not order such treatment if a physician is not recommending such treatment.

(37) “Spouse” includes only a spouse substantially dependent for financial support upon the decedent and living with the decedent at the time of the decedent’s injury and death, or substantially dependent upon the decedent for financial support and living apart at that time for justifiable cause.

(38) “Statement,” for the purposes of ss. 440.105 and 440.106, shall include the exact fraud statement language in s. 440.105(7). This requirement includes, but is not limited to, any notice, representation, statement, proof of injury, bill for services, diagnosis, prescription, hospital or doctor record, X ray, test result, or other evidence of loss, injury, or expense.

(39) “Time of injury” means the time of the occurrence of the accident resulting in the injury.

(40) “Wages” means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury and includes only the wages earned and reported for federal income tax purposes on the job where the employee is injured and any other concurrent employment where he or she is also subject to workers’ compensation coverage and benefits, together with the reasonable value of housing furnished to the employee by the employer which is the permanent year-round residence of the employee, and gratuities to the extent reported to the employer in writing as taxable income received in the course of employment from others than the employer and employer contributions for health insurance for the employee or the employee’s dependents. However, housing furnished to migrant workers shall be included in wages unless provided after the time of injury. In employment in which an employee receives consideration for housing, the reasonable value of such housing compensation shall be the actual cost to the employer or based upon the Fair Market Rent Survey promulgated pursuant to s. 8 of the Housing and Urban Development Act of 1974, whichever is less. However, if employer contributions for housing or health insurance are continued after the time of the injury, the contributions are not “wages” for the purpose of calculating an employee’s average weekly wage.

(41) “Weekly compensation rate” means and refers to the amount of compensation payable for a period of 7 consecutive calendar days, including any Saturdays, Sundays, holidays, and other nonworking days which fall within such period of 7 consecutive calendar days. When Saturdays, Sundays, holidays, or other nonworking days immediately follow the first 7 calendar days of disability or occur at the end of a period of disability as the last day or days of such period, such nonworking days constitute a part of the period of disability with respect to which compensation is payable.

History.—s. 2, ch. 17481, 1935; s. 1, ch. 17482, 1935; s. 1, ch. 17483, 1935; CGL 1936 Supp. 5966(2); s. 1, ch. 18413, 1937; s. 1, ch. 20672, 1941; s. 1, ch. 28238, 1953; s. 1, ch. 29778, 1955; s. 1, ch. 57-155; s. 1, ch. 57-225; s. 1, ch. 59-100; s. 1, ch. 65-184; s. 1, ch. 67-554; ss. 17, 35, ch. 69-106; s. 1, ch. 71-80; s. 162, ch. 71-377; s. 1, ch. 72-243; s. 1, ch. 73-127; s. 1, ch. 73-283; s. 116, ch. 73-333; s. 1, ch. 74-46; s. 1, ch. 74-124; s. 1, ch. 74-197; s. 1, ch. 75-209; s. 1, ch. 77-174; s. 1, ch. 77-290; ss. 1, 23, ch. 78-300; s. 15, ch. 79-7; ss. 2, 124, ch. 79-40; s. 21, ch. 79-312; s. 1, ch. 80-236; s. 3, ch. 81-119; ss. 1, 20, ch. 83-305; s. 1, ch. 84-267; s. 6, ch. 86-171; s. 1, ch. 87-330; s. 1, ch. 88-203; s. 2, ch. 89-61; ss. 3, 43, ch. 89-289; ss. 9, 56, ch. 90-201; ss. 7, 52, ch. 91-1; s. 1, ch. 91-2; s. 2, ch. 93-415; s. 117, ch. 94-119; s. 59, ch. 94-218; s. 97, ch. 97-103; s. 1, ch. 98-174; s. 89, ch. 2000-153; s. 7, ch. 2001-91; s. 11, ch. 2002-194; s. 5, ch. 2002-236; s. 54, ch. 2003-164; s. 467, ch. 2003-261; ss. 1, 2, ch. 2003-412; s. 2, ch. 2003-422; s. 59, ch. 2004-5; s. 32, ch. 2004-373; s. 21, ch. 2005-60; s. 12, ch. 2005-71; s. 1, ch. 2005-78; s. 4, ch. 2006-15; ss. 1, 2, ch. 2012-213; s. 1, ch. 2013-141; s. 46, ch. 2014-209; s. 19, ch. 2015-148; s. 11, ch. 2022-138; s. 95, ch. 2023-8.

F.S. 440.02 on Google Scholar

F.S. 440.02 on CourtListener

Amendments to 440.02

Annotations, Discussions, Cases:

Cases Citing Statute 440.02

Total Results: 664

Dobbs v. Sea Isle Hotel

56 So. 2d 341, 1952 Fla. LEXIS 989

Supreme Court of Florida | Filed: Jan 18, 1952 | Docket: 1355478

Cited 313 times | Published

language, defines the phrase "time of injury" Section 440.02(18) reads as follows: "The term `time of injury'

Byrd v. Richardson-Greenshields Securities, Inc.

552 So. 2d 1099, 14 Fla. L. Weekly 549, 7 I.E.R. Cas. (BNA) 1782, 1989 Fla. LEXIS 1057, 51 Empl. Prac. Dec. (CCH) 39,446, 58 Fair Empl. Prac. Cas. (BNA) 1606, 1989 WL 128596

Supreme Court of Florida | Filed: Oct 26, 1989 | Docket: 1200796

Cited 126 times | Published

definition is provided in the statute itself. Section 440.02(14), Florida Statutes (1987), states that "injury"

Mandico v. Taos Const., Inc.

605 So. 2d 850, 17 Fla. L. Weekly Supp. 445, 1992 Fla. LEXIS 1242, 1992 WL 158194

Supreme Court of Florida | Filed: Jul 9, 1992 | Docket: 1343653

Cited 75 times | Published

due the independent contractor. Pursuant to section 440.02(11)(d)1, Florida Statutes (1983),[3] an independent

Turner v. PCR, INC.

754 So. 2d 683, 2000 WL 232595

Supreme Court of Florida | Filed: Mar 2, 2000 | Docket: 431377

Cited 70 times | Published

course of employment." Injury is defined in section 440.02(17), Florida Statutes (1991) as "personal injury

Amend. to Fla. Rules of Appellate Proc.

685 So. 2d 773, 1996 WL 673822

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 1414934

Cited 65 times | Published

is synonymous with insolvency as defined by section 440.02, Florida Statutes. (2) Filing Fee. (A) Authority

Amend. to Fla. Rules of Appellate Proc.

685 So. 2d 773, 1996 WL 673822

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 1414934

Cited 65 times | Published

is synonymous with insolvency as defined by section 440.02, Florida Statutes. (2) Filing Fee. (A) Authority

Fisher v. Shenandoah General Construction Co.

498 So. 2d 882, 11 Fla. L. Weekly 602, 1986 Fla. LEXIS 2916

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 2118628

Cited 59 times | Published

(Emphasis supplied). Injury is defined in section 440.02(14) as follows: [P]ersonal injury or death

Gammon v. Cobb

335 So. 2d 261

Supreme Court of Florida | Filed: Jun 30, 1976 | Docket: 1711258

Cited 59 times | Published

notwithstanding such legislative enunciation. Section 440.02(13), Florida Statutes, a part of the Workmen's

Jones v. Florida Power Corp.

72 So. 2d 285, 1954 Fla. LEXIS 1403

Supreme Court of Florida | Filed: Apr 6, 1954 | Docket: 456566

Cited 59 times | Published

the meaning of the word `employer' stated in Section 440.02, of F.S.A. as `All public and quasi-public

Travelers Indem. Co. v. PCR INC.

889 So. 2d 779, 29 Fla. L. Weekly Supp. 774, 2004 Fla. LEXIS 2243, 2004 WL 2815321

Supreme Court of Florida | Filed: Dec 9, 2004 | Docket: 453257

Cited 52 times | Published

course of employment." Injury is defined in section 440.02(17), Florida Statutes (1991) as "personal injury

Streeter v. Sullivan

509 So. 2d 268

Supreme Court of Florida | Filed: May 21, 1987 | Docket: 132061

Cited 52 times | Published

definitional section of the Worker's Compensation Act, section 440.02. That statute reads, in pertinent part: When

Amend. to Fla. Rules of Appellate Proc.

696 So. 2d 1103, 1996 WL 908661

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 2037954

Cited 51 times | Published

is synonymous with insolvency as defined by section 440.02, Florida Statutes. (2) Filing Fee. (A) Authority

Barragan v. City of Miami

545 So. 2d 252, 1989 WL 38852

Supreme Court of Florida | Filed: Apr 20, 1989 | Docket: 160620

Cited 39 times | Published

every "employer" and "employee" as defined in section 440.02 shall be bound by the provisions of chapter

Chorak v. Naughton

409 So. 2d 35

District Court of Appeal of Florida | Filed: Feb 5, 1982 | Docket: 525824

Cited 35 times | Published

or unusual event or result happening suddenly." § 440.02(18), Fla. Stat. (1977). The Choraks now contend

Ball v. Mann

75 So. 2d 758

Supreme Court of Florida | Filed: Sep 24, 1954 | Docket: 474912

Cited 35 times | Published

sub-paragraph must be read in pari materia with Section 440.02(9), F.S. 1951, F.S.A., which defines the word

Star Fruit Co. v. Canady

32 So. 2d 2, 159 Fla. 488, 1947 Fla. LEXIS 815

Supreme Court of Florida | Filed: Sep 30, 1947 | Docket: 3269080

Cited 35 times | Published

Contracting Co. v. Massey, 145 Fla. 56, 198 So. 802. Section 440.02 (19), Fla. Stats. 1941 (FSA), in part provides

Victor Wine & Liquor, Inc. v. Beasley

141 So. 2d 581

Supreme Court of Florida | Filed: Apr 4, 1962 | Docket: 2358377

Cited 33 times | Published

attributable to the accident shall be compensable." Section 440.02, Florida Statutes [1959] F.S.A. and judicially

Martin Company v. Carpenter

132 So. 2d 400

Supreme Court of Florida | Filed: Jul 26, 1961 | Docket: 1381812

Cited 33 times | Published

happening suddenly" as accident is defined in F.S. § 440.02(19), F.S.A. Standing and bending over a work bench

Southern Bell Tel. & Tel. Co. v. McCook

355 So. 2d 1166

Supreme Court of Florida | Filed: Aug 31, 1977 | Docket: 628157

Cited 32 times | Published

McCook suffered an "injury", which is defined by Section 440.02(6), Florida Statutes (1975), as "personal injury

Strother v. Morrison Cafeteria

383 So. 2d 623, 1980 Fla. LEXIS 4210

Supreme Court of Florida | Filed: Apr 24, 1980 | Docket: 457462

Cited 31 times | Published

hazard exception to the going and coming rule. Section 440.02(6), Florida Statutes (1977), defines injury

Port Everglades Terminal Co. v. Canty

120 So. 2d 596

Supreme Court of Florida | Filed: May 11, 1960 | Docket: 1685271

Cited 31 times | Published

employee was receiving at the time of the injury," § 440.02(9), Fla. Stat., F.S.A., and the decision of this

Tipper v. Great Lakes Chemical Company

281 So. 2d 10, 1973 Fla. LEXIS 4967

Supreme Court of Florida | Filed: Jul 25, 1973 | Docket: 1261658

Cited 30 times | Published

within the contemplation of, F.S., § 440.02(2), F.S.A. F.S., Section 440.02(2)(a), F.S.A. provides: "`Employee'

Holiday Care Center v. Scriven

418 So. 2d 322

District Court of Appeal of Florida | Filed: Aug 2, 1982 | Docket: 1288736

Cited 28 times | Published

indirectly, by any carrier [or group self-insurer, section 440.02(7)] in the rate base, the premium or any rate

Weber v. Dobbins

616 So. 2d 956, 1993 WL 74253

Supreme Court of Florida | Filed: Mar 18, 1993 | Docket: 1726588

Cited 27 times | Published

construed section 440.11(1) in conjunction with section 440.02(11)(d)(4), Florida Statutes (1983), which specifically

Galen of Florida, Inc. v. Braniff

696 So. 2d 308, 1997 WL 213718

Supreme Court of Florida | Filed: May 1, 1997 | Docket: 1696195

Cited 25 times | Published

existing law. Allen, 281 So.2d at 320 (citing § 440.02(1)(b)(2), Fla. Stat. (1967)). However, under the

Mullarkey v. Florida Feed Mills, Inc.

268 So. 2d 363

Supreme Court of Florida | Filed: Oct 25, 1972 | Docket: 1476990

Cited 24 times | Published

judgment. The applicable statutory sections are: § 440.02(2)(a), defining a minor child as an "employee";

Tingle v. Dade County Board of County Com'rs

245 So. 2d 76

Supreme Court of Florida | Filed: Feb 17, 1971 | Docket: 1356243

Cited 24 times | Published

* shall be compensable," according to F.S. Section 440.02(19), F.S.A. Acceleration, of course, refers

Evans v. Florida Industrial Commission

196 So. 2d 748

Supreme Court of Florida | Filed: Mar 22, 1967 | Docket: 1303960

Cited 22 times | Published

re-examine the statute and its application. Section 440.02(19), as well as the other apportionment provisions

Stuyvesant Corp. v. Waterhouse

74 So. 2d 554, 1954 Fla. LEXIS 1133

Supreme Court of Florida | Filed: Jul 6, 1954 | Docket: 1689949

Cited 22 times | Published

requirement is derived from the act itself, which, in section 440.02(2), F.S. 1951, F.S.A., defines an employee

Gulf Solar, Inc. v. Westfall

447 So. 2d 363, 116 L.R.R.M. (BNA) 2436

District Court of Appeal of Florida | Filed: Mar 9, 1984 | Docket: 1674710

Cited 21 times | Published

definition of "wages." Westfall refers us to section 440.02(12), Florida Statutes (1981), and section 443

Shelby Mutual Insurance Co. v. Aetna Insurance Co.

246 So. 2d 98

Supreme Court of Florida | Filed: Mar 31, 1971 | Docket: 1329295

Cited 21 times | Published

Workmen's Compensation Law because F.S. 1967, Section 440.02(2) (a), F.S.A., defines `employee' as: `* *

Southern Bell Telephone & Telegraph Co. v. Bell

116 So. 2d 617

Supreme Court of Florida | Filed: Oct 14, 1959 | Docket: 2517623

Cited 21 times | Published

or diminution of earning capacity as defined in § 440.02(9), F.S.A., and if so the extent thereof. *619

Davis v. Artley Construction Co.

18 So. 2d 255, 154 Fla. 481, 1944 Fla. LEXIS 737

Supreme Court of Florida | Filed: May 19, 1944 | Docket: 3265131

Cited 21 times | Published

conclusions are reached. Sub-section (19) of Section 440.02, Fla. Stats. 1941, defines accidents thusly:

Davis v. Artley Construction Co.

18 So. 2d 255, 154 Fla. 481, 1944 Fla. LEXIS 737

Supreme Court of Florida | Filed: May 19, 1944 | Docket: 3265131

Cited 21 times | Published

conclusions are reached. Sub-section (19) of Section 440.02, Fla. Stats. 1941, defines accidents thusly:

C. F. Wheeler Company v. Pullins

11 So. 2d 303, 152 Fla. 96, 1942 Fla. LEXIS 705

Supreme Court of Florida | Filed: Dec 18, 1942 | Docket: 3259688

Cited 21 times | Published

in the law, Section 2, paragraph (12), now Section 440.02, paragraph 13, Florida Statutes, 1941, that

Henderson v. Sol Walker and Company

138 So. 2d 323

Supreme Court of Florida | Filed: Feb 23, 1962 | Docket: 1404311

Cited 20 times | Published

erred in failing to apply the provisions of Section 440.02(9), F.S.A. so as to render the respondent liable

Amend. to Fla. Rules of Appellate Proc.

780 So. 2d 834, 2000 WL 1508541

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 1298753

Cited 19 times | Published

is synonymous with insolvency as defined by section 440.02, Florida Statutes. (2) Filing Fee. (A) Authority

City of Pensacola Firefighters v. Oswald

710 So. 2d 95, 1998 WL 171259

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1731445

Cited 19 times | Published

Title XVI of the federal Social Security Act." § 440.02(34)(f), Fla. Stat. (Supp. 1994). On this point

Pearson v. Harris

449 So. 2d 339

District Court of Appeal of Florida | Filed: Mar 30, 1984 | Docket: 1695795

Cited 19 times | Published

"employee" under the workers' compensation law, Section 440.02(2)(a), Florida Statutes, and an "employee"

Layne Atlantic Co. v. Scott

415 So. 2d 837

District Court of Appeal of Florida | Filed: Jun 23, 1982 | Docket: 176500

Cited 19 times | Published

similar advantage received from the employer." § 440.02(12), Fla. Stat. (1979). By decisional authority

In Re Estate of Caldwell

247 So. 2d 1

Supreme Court of Florida | Filed: Mar 31, 1971 | Docket: 1461844

Cited 19 times | Published

specialized legislation; see, e.g., Fla. Stat. § 440.02(13), F.S.A., involving workmen's compensation

Allen v. Estate of Carman

281 So. 2d 317

Supreme Court of Florida | Filed: Jul 31, 1973 | Docket: 339124

Cited 18 times | Published

the Workmen's Compensation Law.[1] Fla. Stat. § 440.02(1)(b)(2) F.S.A. covers this point expressly by

Chavarria v. Selugal Clothing, Inc.

840 So. 2d 1071, 2003 WL 215030

District Court of Appeal of Florida | Filed: Feb 3, 2003 | Docket: 1748393

Cited 17 times | Published

anticipated, based upon reasonable medical probability." § 440.02(8), Fla. Stat. (1995). Although a case may warrant

Schwartz v. Zippy Mart, Inc.

470 So. 2d 720, 50 Fair Empl. Prac. Cas. (BNA) 464

District Court of Appeal of Florida | Filed: May 7, 1985 | Docket: 1260947

Cited 17 times | Published

arising out of the employment. This is true, and Section 440.02, Florida Statutes (1979), so provides. However

La Grande v. B & L SERVICES, INC.

432 So. 2d 1364

District Court of Appeal of Florida | Filed: Jun 9, 1983 | Docket: 1265077

Cited 17 times | Published

La Grande was an independent contractor under § 440.02(2)(d)1, Florida Statutes, is supported by competent

Kirkland v. HAROLD PRATT PAVING, INC

518 So. 2d 1320, 1987 WL 3196

District Court of Appeal of Florida | Filed: Dec 21, 1987 | Docket: 1777917

Cited 16 times | Published

injury or disease can be reasonably anticipated. Section 440.02(7), Florida Statutes (1985); Hall v. Dade County

ESCAMBIA CTY. COUNCIL v. Goldsmith

500 So. 2d 626, 12 Fla. L. Weekly 56

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 1295049

Cited 16 times | Published

concept of "permanent impairment" as defined in section 440.02(21), Florida Statutes (1981), to the concept

American Uniform & Rental Service v. Trainer

262 So. 2d 193

Supreme Court of Florida | Filed: May 3, 1972 | Docket: 1522974

Cited 16 times | Published

the extent of disability under Florida Statutes § 440.02(9), F.S.A., which provides: "(9) `Disability'

Grice v. Suwannee Lumber Manufacturing Company

113 So. 2d 742, 1959 Fla. App. LEXIS 2655

District Court of Appeal of Florida | Filed: Jul 7, 1959 | Docket: 1490806

Cited 16 times | Published

disability is of three hundred fifty weeks." [7] F.S. § 440.02(9), F.S.A. [8] Ball v. Mann, Fla. 1954, 75 So

Veliz v. Rental Service Corp. USA, Inc.

313 F. Supp. 2d 1317, 2003 U.S. Dist. LEXIS 24924, 2003 WL 23355662

District Court, M.D. Florida | Filed: Dec 19, 2003 | Docket: 406248

Cited 15 times | Published

including, but not limited to, "aliens..." Fla. Stat. § 440.02(15)(a) (emphasis added). However, as recognized

HS Camp & Sons v. Flynn

450 So. 2d 577

District Court of Appeal of Florida | Filed: May 11, 1984 | Docket: 1433900

Cited 15 times | Published

claimant is permanently and totally disabled. [2] Section 440.02(9), Florida Statutes. [3] Other statutory

HS Camp & Sons v. Flynn

450 So. 2d 577

District Court of Appeal of Florida | Filed: May 11, 1984 | Docket: 1433900

Cited 15 times | Published

claimant is permanently and totally disabled. [2] Section 440.02(9), Florida Statutes. [3] Other statutory

Broward Indus. Plating, Inc. v. Weiby

394 So. 2d 1117

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 1315373

Cited 15 times | Published

asthmatic condition, which would be governed by § 440.02(18), Fla. Stat. Similarly, the record does suggest

Glades County Sugar Growers v. Gonzales

388 So. 2d 333

District Court of Appeal of Florida | Filed: Sep 23, 1980 | Docket: 1520918

Cited 15 times | Published

there is error with regard to Point 5. Although Section 440.02(18), Florida Statutes, prohibits apportionment

Winn-Lovett Tampa v. Murphree

73 So. 2d 287, 1954 Fla. LEXIS 1527

Supreme Court of Florida | Filed: Jun 18, 1954 | Docket: 322271

Cited 15 times | Published

requires consideration of the following statutes: Section 440.02(2), Workmen's Compensation Act, defining employees:

Winn-Lovett Tampa v. Murphree

73 So. 2d 287, 1954 Fla. LEXIS 1527

Supreme Court of Florida | Filed: Jun 18, 1954 | Docket: 322271

Cited 15 times | Published

requires consideration of the following statutes: Section 440.02(2), Workmen's Compensation Act, defining employees:

Closet Maid v. Sykes

763 So. 2d 377, 2000 WL 155878

District Court of Appeal of Florida | Filed: Feb 15, 2000 | Docket: 1681734

Cited 14 times | Published

1999): The relationship factor is defined in section 440.02(32), Florida Statutes (1995), which states:

Tampa Elec. Co. v. Bradshaw

477 So. 2d 624, 10 Fla. L. Weekly 2212, 1985 Fla. App. LEXIS 15944

District Court of Appeal of Florida | Filed: Sep 24, 1985 | Docket: 1320312

Cited 14 times | Published

retroactive pay increase was not, as required by section 440.02(21), "the money rate at which the service rendered

Sears, Roebuck and Co. v. Viera

440 So. 2d 49

District Court of Appeal of Florida | Filed: Nov 9, 1983 | Docket: 2238766

Cited 14 times | Published

received without the knowledge of the employer. Section 440.02(12), Florida Statutes (1981), defines "wages"

Kerce v. Coca-Cola Company-Foods Division

389 So. 2d 1177

Supreme Court of Florida | Filed: Oct 30, 1980 | Docket: 1683172

Cited 14 times | Published

seasonal, agricultural labor, referred to in section 440.02(1)(c)2, Florida Statutes (1974 Supp.). [3]

Lowry v. Logan

650 So. 2d 653, 1995 WL 49127

District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 1345412

Cited 13 times | Published

compensability of this accident. Ordinarily, section 440.02(13)(d)1 excludes an independent contractor

Doctor's Business Service, Inc. v. Clark

498 So. 2d 659

District Court of Appeal of Florida | Filed: Nov 20, 1986 | Docket: 1335693

Cited 13 times | Published

out of and be in the course of employment. Section 440.02(14), Florida Statutes (1983). To be compensable

Prahl Bros., Inc. v. Phillips

429 So. 2d 386

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 2518338

Cited 13 times | Published

benefits to her. Employer/carrier contend that § 440.02(18), Florida Statutes, precludes an award of benefits

Williams v. HILLSBOROUGH COUNTY SCH.

389 So. 2d 1218

District Court of Appeal of Florida | Filed: Oct 30, 1980 | Docket: 1683149

Cited 13 times | Published

arising out of and in the course of employment". Section 440.02(6) defines "injury" as "... personal injury

Williams v. HILLSBOROUGH COUNTY SCH.

389 So. 2d 1218

District Court of Appeal of Florida | Filed: Oct 30, 1980 | Docket: 1683149

Cited 13 times | Published

arising out of and in the course of employment". Section 440.02(6) defines "injury" as "... personal injury

Wyeth/Pharma Field Sales v. Toscano

40 So. 3d 795, 2010 Fla. App. LEXIS 10816, 2010 WL 2671805

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 1219180

Cited 12 times | Published

E/SA. § 440.15(4)(a), Fla. Stat. (2007); see also § 440.02(13) (defining "disability" as the "incapacity

Edwards v. Caulfield

560 So. 2d 364, 1990 WL 52798

District Court of Appeal of Florida | Filed: Apr 27, 1990 | Docket: 1477904

Cited 12 times | Published

employee of HJR and not an independent contractor. Section 440.02(11)(d)1. of the Workers' Compensation Law excludes

Gray v. Eastern Airlines, Inc.

475 So. 2d 1288, 10 Fla. L. Weekly 2148

District Court of Appeal of Florida | Filed: Sep 17, 1985 | Docket: 1301778

Cited 12 times | Published

personal errand beyond the course of employment. § 440.02(6), Florida Statutes (1977). For such an injury

Hodges v. State Road Department

171 So. 2d 523

Supreme Court of Florida | Filed: Jan 20, 1965 | Docket: 1238016

Cited 12 times | Published

subject to the Workmen's Compensation Act, Section 440.02, Florida Statutes, F.S.A., it logically follows

Gray v. Employers Mut. Liability Ins. Co.

64 So. 2d 650

Supreme Court of Florida | Filed: Apr 24, 1953 | Docket: 1457825

Cited 12 times | Published

accident" proceed from an unexpected cause. Section 440.02(19) of the law defines "accident" as "an unexpected

City Ice & Fuel Division v. Smith

56 So. 2d 329, 1952 Fla. LEXIS 985

Supreme Court of Florida | Filed: Jan 15, 1952 | Docket: 1355498

Cited 12 times | Published

turns on the application of subsection (19) of Section 440.02, Florida Statutes 1949, F.S.A., to the evidence

Concord Realty Corp'n & IOWA Mutual Liability Insurance v. Romano

30 So. 2d 495, 159 Fla. 1, 1947 Fla. LEXIS 667

Supreme Court of Florida | Filed: May 20, 1947 | Docket: 3268614

Cited 12 times | Published

compensation. Under Workmen's Compensation, Section 440.02, sub-section 9, F. S. 1941, the definition

S. H. Kress Company v. Burkes

16 So. 2d 106, 153 Fla. 868, 1944 Fla. LEXIS 438

Supreme Court of Florida | Filed: Jan 4, 1944 | Docket: 3259637

Cited 12 times | Published

accident as defined by our statute. Paragraph 19, Section 440.02, Florida Statutes 1941, and construed by our

Vigliotti v. K-Mart Corp.

680 So. 2d 466, 1996 WL 106606

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 1201717

Cited 11 times | Published

order entered April 18, 1995, the JCC construed section 440.02(32), Florida Statutes (Supp.1994), a new statute

Hernando County School Bd. v. Dokoupil

667 So. 2d 275, 1995 WL 539029

District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 137180

Cited 11 times | Published

his osteoporosis and the test now required by section 440.02(32), Florida Statutes (Supp. 1994), which provides:

Viking Sprinkler Co. v. Thomas

413 So. 2d 816

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 1344806

Cited 11 times | Published

the statutory definition of "wages" found in Section 440.02(12), Florida Statutes (1979). Turning next

Hamilton v. Shell Oil Company

215 So. 2d 21

District Court of Appeal of Florida | Filed: Oct 25, 1968 | Docket: 1312361

Cited 11 times | Published

Workmen's Compensation Law because F.S. 1967, Section 440.02(2) (a), F.S.A., defines "employee" as: "* *

Johnnie's Produce Company v. Benedict & Jordan

120 So. 2d 12

Supreme Court of Florida | Filed: Apr 29, 1960 | Docket: 1286896

Cited 11 times | Published

acceleration or aggravation of a preexisting disease, § 440.02 (19), Fla. Stat., F.S.A. And it is our view that

Socolow v. Flanigans Enterprises

877 So. 2d 742, 2004 WL 1091155

District Court of Appeal of Florida | Filed: May 18, 2004 | Docket: 1285118

Cited 10 times | Published

that the definition of "child" provided in section 440.02(5) applies to the provision of death benefits

Vegas v. Globe SEC.

627 So. 2d 76, 1993 WL 477628

District Court of Appeal of Florida | Filed: Nov 22, 1993 | Docket: 1752920

Cited 10 times | Published

with that portion of the act which amended section 440.02(24), Florida Statutes, the definition of "wages

Elliott v. Dugger

579 So. 2d 827, 1991 WL 75549

District Court of Appeal of Florida | Filed: May 13, 1991 | Docket: 1728776

Cited 10 times | Published

injury by accident arising out of employment. Section 440.02(1), Florida Statutes (1985). Accordingly, the

Brown v. Winn-Dixie Montgomery, Inc.

469 So. 2d 155, 50 Fair Empl. Prac. Cas. (BNA) 458, 10 Fla. L. Weekly 1129, 1985 Fla. App. LEXIS 13817

District Court of Appeal of Florida | Filed: May 7, 1985 | Docket: 1372080

Cited 10 times | Published

does not therefore apply. Appellants point to Section 440.02(18), Florida Statutes (1979): "Accident" means

Gene's Harvesting v. Rodriguez

421 So. 2d 701

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 744929

Cited 10 times | Published

injury notwithstanding his immigration status. Section 440.02(2)(a), Florida Statutes (1980 Supp.), specifically

McCall v. Dick Burns, Inc.

408 So. 2d 787

District Court of Appeal of Florida | Filed: Jan 14, 1982 | Docket: 1448912

Cited 10 times | Published

course, not subject to the apportionment statute. § 440.02(18), Fla. Stat. (Supp. 1978).[5] We, therefore

Sentry Insurance Co. v. Hamlin

69 So. 3d 1065, 2011 Fla. App. LEXIS 15034, 2011 WL 4389219

District Court of Appeal of Florida | Filed: Sep 22, 2011 | Docket: 2356229

Cited 9 times | Published

"Arising out of" pertains to occupational causation. § 440.02(36), Fla. Stat. (2008). An accidental injury or

Florida Distillers v. Rudd

751 So. 2d 754, 2000 WL 228617

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 2517561

Cited 9 times | Published

one of the permanent impairments listed in section 440.02(34), Florida Statutes (Supp.1994). Further

Vencor Hosp. v. Ahles

727 So. 2d 968, 1998 WL 852567

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1729957

Cited 9 times | Published

Florida Statutes (Supp.1994)(emphasis supplied). Section 440.02(11), Florida Statutes (Supp.1994), defines

Watkins Engineers & Constructors v. Wise

698 So. 2d 294, 1997 WL 394896

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 2218955

Cited 9 times | Published

satisfy the "arising out of" definition in section 440.02(32), Florida Statutes (Supp.1994), which the

Holiday Inn v. Sallee

496 So. 2d 227, 11 Fla. L. Weekly 2262

District Court of Appeal of Florida | Filed: Oct 28, 1986 | Docket: 428496

Cited 9 times | Published

pre-existing disability or that the provisions of Section 440.02(18), Florida Statutes (1980 Supp.), limiting

Cenvill Development Corp. v. Candelo

478 So. 2d 1168, 10 Fla. L. Weekly 2643, 1985 Fla. App. LEXIS 16979

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 1484718

Cited 9 times | Published

constituted an unfair labor practice). [4] Section 440.02(11)(a), Florida Statutes. See, also Gene's

Cenvill Development Corp. v. Candelo

478 So. 2d 1168, 10 Fla. L. Weekly 2643, 1985 Fla. App. LEXIS 16979

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 1484718

Cited 9 times | Published

constituted an unfair labor practice). [4] Section 440.02(11)(a), Florida Statutes. See, also Gene's

ST., DEPT. OF PUB. HEALTH v. Wilcox

458 So. 2d 1207

District Court of Appeal of Florida | Filed: Nov 15, 1984 | Docket: 1453444

Cited 9 times | Published

determining the extent of "disability," under Section 440.02(9), Florida Statutes, since the injured employee

Davis v. Sun First Nat. Bank of Orlando

408 So. 2d 608, 1981 Fla. App. LEXIS 21902

District Court of Appeal of Florida | Filed: Dec 9, 1981 | Docket: 2537411

Cited 9 times | Published

arising out of the employment," as defined in Florida Statute 440.02(18), and hence is not compensable under

Castro v. Florida Juice Division

400 So. 2d 1280

District Court of Appeal of Florida | Filed: Jun 26, 1981 | Docket: 1262675

Cited 9 times | Published

of a preexisting disease within the ambit of Section 440.02(18), Florida Statutes (1977).[1] As to such

Thundereal Corp. v. Sterling

368 So. 2d 923

District Court of Appeal of Florida | Filed: Mar 9, 1979 | Docket: 1723204

Cited 9 times | Published

exempt from the provisions of Chapter 440. Section 440.02(2)(d)1, Florida Statutes (1973). Section 440

Braley v. American Home Assur. Co.

354 So. 2d 904

District Court of Appeal of Florida | Filed: Jan 25, 1978 | Docket: 1279226

Cited 9 times | Published

unusual event or result, happening suddenly." Section 440.02, Florida Statutes (1975). This definition of

Alford v. Meyer

201 So. 2d 489

District Court of Appeal of Florida | Filed: Jul 6, 1967 | Docket: 1658121

Cited 9 times | Published

workmen's compensation law," together with Section 440.02(4) (5), Florida Statutes, F.S.A., which states:

Street v. Safway Steel Scaffold Company

148 So. 2d 38

District Court of Appeal of Florida | Filed: Dec 20, 1962 | Docket: 1732936

Cited 9 times | Published

among the types of employment exempted in F.S. § 440.02(1) (c), F.S.A. can be the subject of a subcontract

JAQUETTE MOTOR COMPANY v. Talley

134 So. 2d 238

Supreme Court of Florida | Filed: Nov 1, 1961 | Docket: 1343100

Cited 9 times | Published

aggravation of his pre-existing heart disease. Section 440.02(19) provides in part: "Where a pre-existing

Padrick Chevrolet Company v. Crosby

75 So. 2d 762

Supreme Court of Florida | Filed: Nov 6, 1954 | Docket: 474971

Cited 9 times | Published

attributable to the accident shall be compensable." Section 440.02(19), Florida Statutes 1951, F.S.A. The employer

Lockett v. Smith

72 So. 2d 817, 1954 Fla. LEXIS 1462

Supreme Court of Florida | Filed: May 21, 1954 | Docket: 456674

Cited 9 times | Published

dependents as provided for in this chapter." F.S. § 440.02(11), F.S.A. And see Royer v. United States Sugar

Fink v. Fink

64 So. 2d 770, 1953 Fla. LEXIS 1241

Supreme Court of Florida | Filed: Apr 24, 1953 | Docket: 1746569

Cited 9 times | Published

any appointment or contract of hire * * *," Section 440.02(2), and an employer, any "person carrying on

Allen v. the Maxwell Company, Inc.

11 So. 2d 572, 152 Fla. 340, 1943 Fla. LEXIS 909

Supreme Court of Florida | Filed: Feb 2, 1943 | Docket: 3263598

Cited 9 times | Published

result from such an injury. Sub-section 18 of Section 440.02, supra, defines the "time of injury" as meaning

B & L Services, Inc. v. Coach USA

791 So. 2d 1138, 2001 WL 672048

District Court of Appeal of Florida | Filed: Jun 18, 2001 | Docket: 1655769

Cited 8 times | Published

667 So.2d 275, 277 (Fla. 1st DCA 1995) (quoting § 440.02(32), Fla. Stat. (Supp. 1994)). Because no injury

Brannon v. Tampa Tribune

711 So. 2d 97, 1998 WL 176675

District Court of Appeal of Florida | Filed: Apr 17, 1998 | Docket: 1337169

Cited 8 times | Published

phrase "permanent impairment" is defined in section 440.02(19), Florida Statutes, (Supp.1994) as: ...

Union Camp Corp. v. Hurst

696 So. 2d 873, 1997 WL 287557

District Court of Appeal of Florida | Filed: Jun 2, 1997 | Docket: 1696157

Cited 8 times | Published

definition of catastrophic injury contained in section 440.02(34)(f), Florida Statutes (Supp. 1994), claimant's

TURNBERRY ISLE RESORT v. Fernandez

666 So. 2d 254, 1996 Fla. App. LEXIS 228, 1996 WL 13992

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 452588

Cited 8 times | Published

is recompensed under the contract of hiring." § 440.02(24), Fla. Stat. (1993).[4] In determining the

Keith v. News & Sun Sentinel Co.

667 So. 2d 167, 20 Fla. L. Weekly Supp. 454, 1995 Fla. LEXIS 1423, 1995 WL 811523

Supreme Court of Florida | Filed: Sep 7, 1995 | Docket: 344845

Cited 8 times | Published

does not include an independent contractor. Id. § 440.02(13)(d). The determination as to whether a newspaper

State, Dept. of Corrections v. Koch

582 So. 2d 5, 1991 WL 70846

District Court of Appeal of Florida | Filed: May 3, 1991 | Docket: 1363860

Cited 8 times | Published

workers' compensation act is applicable based on § 440.02(12), Florida Statutes (1987),[2] which defines

Fumigation Dept. v. Pearson

559 So. 2d 587, 1989 WL 104000

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 1517147

Cited 8 times | Published

recognize that the definition of "carrier" in section 440.02(3) includes a self-insurer, and therefore any

Fumigation Dept. v. Pearson

559 So. 2d 587, 1989 WL 104000

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 1517147

Cited 8 times | Published

recognize that the definition of "carrier" in section 440.02(3) includes a self-insurer, and therefore any

Fuster v. Eastern Airlines, Inc.

545 So. 2d 268, 1988 WL 131135

District Court of Appeal of Florida | Filed: Dec 13, 1988 | Docket: 1345160

Cited 8 times | Published

reached MMI, and was denied certification to fly. Section 440.02(16), Florida Statutes, provides: "Permanent

Dayron Corp. v. Morehead

509 So. 2d 930, 12 Fla. L. Weekly 394

Supreme Court of Florida | Filed: Jul 16, 1987 | Docket: 1715583

Cited 8 times | Published

the time of the injury." (emphasis added). Section 440.02(9), Florida Statutes. Due to his skin condition

Slater v. United Parcel Service

507 So. 2d 1146, 12 Fla. L. Weekly 1215

District Court of Appeal of Florida | Filed: May 12, 1987 | Docket: 1513254

Cited 8 times | Published

standard for determining a compensable injury. Section 440.02(1), Florida Statutes, defines an "accident"

DeLong v. 3015 WEST CORPORATION

491 So. 2d 1306, 11 Fla. L. Weekly 1688

District Court of Appeal of Florida | Filed: Aug 5, 1986 | Docket: 1383798

Cited 8 times | Published

the statutory definition of "wages" found in section 440.02(21), Florida Statutes (1985). See Imperial

Piezo Technology v. Smith

413 So. 2d 121

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 1344353

Cited 8 times | Published

dependents as provided for in this chapter." Section 440.02(11). Additionally, compensation or benefits

Jean Barnes Collections v. Elston

413 So. 2d 797

District Court of Appeal of Florida | Filed: Apr 15, 1982 | Docket: 1345269

Cited 8 times | Published

in the course of employment", as required by Section 440.02(6), Florida Statutes (1977). Although the appellants

Belle v. General Elec. Co.

409 So. 2d 182

District Court of Appeal of Florida | Filed: Feb 2, 1982 | Docket: 525989

Cited 8 times | Published

determining the employee's "average daily wage." [5] Section 440.02(12), Florida Statutes (1978) provides, in part:

Richards Dept. Store v. Donin

365 So. 2d 385, 1978 Fla. LEXIS 4943

Supreme Court of Florida | Filed: Oct 5, 1978 | Docket: 1692043

Cited 8 times | Published

2d 565 (Fla. 1964). "Injury" is defined by Section 440.02(6), Florida Statutes, to mean "... personal

Stephens v. Winn-Dixie Stores, Inc.

201 So. 2d 731

Supreme Court of Florida | Filed: May 31, 1967 | Docket: 1183029

Cited 8 times | Published

most consistent with the other apportionment section, 440.02(19), relating to pre-existing disease, which

Claude H. Wolfe, Inc. v. Claude H. Wolfe

18 So. 2d 535, 154 Fla. 633, 1944 Fla. LEXIS 777

Supreme Court of Florida | Filed: Jun 27, 1944 | Docket: 3276586

Cited 8 times | Published

1942, within the meaning of Sub-section (2) of Section 440.02, Fla. Stats. 1941 (F.S.A.), viz: "(2) The term

Contractors Contract Noy 5948 v. Morris

18 So. 2d 247, 154 Fla. 497, 1944 Fla. LEXIS 744

Supreme Court of Florida | Filed: Jun 2, 1944 | Docket: 3270565

Cited 8 times | Published

The applicable statute is Subsection 15 of Section 440.02, Fla. Stats. 1941 (also F.S.A.), which provides

Crawford & Company v. Apfel

235 F.3d 1298

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2000 | Docket: 396297

Cited 7 times | Published

15(b)(1994)(emphasis added). Turning to § 440.02 (37)(f), applicable for purposes of this appeal

City of Holmes Beach v. Grace

598 So. 2d 71, 17 Fla. L. Weekly Supp. 261, 1992 Fla. LEXIS 826, 1992 WL 85109

Supreme Court of Florida | Filed: Apr 30, 1992 | Docket: 1737779

Cited 7 times | Published

as one of great public importance: WHETHER SECTION 440.02(1), FLORIDA STATUTES (1985), DEFINING "ACCIDENT"

FLAGSHIP NAT. BK. OF BROWARD v. Hinkle

479 So. 2d 828, 10 Fla. L. Weekly 2760

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 1514399

Cited 7 times | Published

2d 289 (Fla. 1st DCA 1981). Prior to 1979, section 440.02(18), defining "accident," provided in part

Lingold v. Transamerica Ins. Co.

416 So. 2d 1271

District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 1654845

Cited 7 times | Published

amendment is not applicable in this case. [3] See § 440.02(4), Fla. Stat. (1979). [4] "A contractor is one

Seasons From Sarasota v. O'DAY

379 So. 2d 1024

District Court of Appeal of Florida | Filed: Feb 14, 1980 | Docket: 121267

Cited 7 times | Published

accidents, with different carriers "on risk." While § 440.02(18), Fla. Stat., indicates that medical benefits

Spivey v. Battaglia Fruit Company

138 So. 2d 308

Supreme Court of Florida | Filed: Feb 21, 1962 | Docket: 1404086

Cited 7 times | Published

meaning of the Workmen's Compensation Act. Section 440.02(6) defines injury as follows "The term `injury'

Florida Industrial Commission v. Schoenberg

117 So. 2d 538

District Court of Appeal of Florida | Filed: Jan 28, 1960 | Docket: 327636

Cited 7 times | Published

operation of the Workmen's Compensation Law. Section 440.02(2), Florida Statutes 1941, and F.S.A. In the

Daoud v. Matz

73 So. 2d 51, 1954 Fla. LEXIS 1493

Supreme Court of Florida | Filed: Jun 4, 1954 | Docket: 1796172

Cited 7 times | Published

installment or installments of compensation due." Section 440.02(11), Florida Statutes 1953, F.S.A., defines

Matrix Employee Leasing, Inc. v. Hadley

78 So. 3d 621, 2011 Fla. App. LEXIS 18955, 2011 WL 5925050

District Court of Appeal of Florida | Filed: Nov 29, 2011 | Docket: 2358091

Cited 6 times | Published

impairment” in section 440.02(19), Florida Statutes (1994 Supp.), which is now codified in section 440.02(22))

Crum v. Richmond

46 So. 3d 633, 2010 Fla. App. LEXIS 16154, 2010 WL 4157198

District Court of Appeal of Florida | Filed: Oct 25, 2010 | Docket: 2402261

Cited 6 times | Published

anticipated, based upon reasonable medical probability" § 440.02(10), Fla. Stat. (2006). If a claimant who has

City of Port Orange v. Sedacca

953 So. 2d 727, 2007 Fla. App. LEXIS 5196, 2007 WL 1047397

District Court of Appeal of Florida | Filed: Apr 10, 2007 | Docket: 1712798

Cited 6 times | Published

employee was receiving at the time of the injury." § 440.02(13), Fla. Stat. (2003); see also § 440.151(1)(a)

A. Duda & Sons, Inc. v. Kelley

900 So. 2d 664, 2005 WL 771369

District Court of Appeal of Florida | Filed: Apr 7, 2005 | Docket: 1514222

Cited 6 times | Published

found within the definition of "injury" in section 440.02(18), Florida Statutes (2001). A manifestation

Walgreen Co. v. Carver

770 So. 2d 172, 2000 WL 1224735

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1779341

Cited 6 times | Published

disability entails catastrophic injury as defined in section 440.02, Florida Statutes (1995). See § 440.15(1)(b)

Johnson v. Edwards

569 So. 2d 928, 1990 WL 178652

District Court of Appeal of Florida | Filed: Nov 15, 1990 | Docket: 1190877

Cited 6 times | Published

employment for agricultural labor, provided in Section 440.02(13)(c)2, Florida Statutes (1983), probably

Davis v. Phillips & Jordan

483 So. 2d 534, 11 Fla. L. Weekly 460

District Court of Appeal of Florida | Filed: Feb 20, 1986 | Docket: 455888

Cited 6 times | Published

the claim period. Disability is defined by section 440.02(9), Florida Statutes (1983), as "incapacity

Escambia County Council v. Goldsmith

465 So. 2d 655, 10 Fla. L. Weekly 787

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 1324317

Cited 6 times | Published

apportionment of those benefits is permissible. Section 440.02(18) reads in pertinent part Where a pre-existing

Polk Nursery Co., Inc. v. Riley

433 So. 2d 1233

District Court of Appeal of Florida | Filed: Jun 17, 1983 | Docket: 1425544

Cited 6 times | Published

actual physical injury. Section 440.02(18), Florida Statutes (previously Section 440.02(19), Florida Statutes);

Lavin v. Alton Box Bd. Co.

431 So. 2d 202

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 1512024

Cited 6 times | Published

clearly are not "wages" within the meaning of Section 440.02(12), Florida Statutes (1979). The deputy commissioner

Lavin v. Alton Box Bd. Co.

431 So. 2d 202

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 1512024

Cited 6 times | Published

clearly are not "wages" within the meaning of Section 440.02(12), Florida Statutes (1979). The deputy commissioner

Randell, Inc. v. Chism

404 So. 2d 175

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1782640

Cited 6 times | Published

excluded from the Act's coverage by virtue of § 440.02(2)(d)1, Fla. Stat., which provides that the term

Dade Fed. Sav. & Loan Ass'n v. Smith

403 So. 2d 995

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 1251199

Cited 6 times | Published

impairment not existed ... (Emphasis supplied.) Section 440.02(9), Florida Statutes (1977), provides: "Disability"

UNIVERSITY OF FLA., INSTITUTE OF AGR. v. Karch

393 So. 2d 621

District Court of Appeal of Florida | Filed: Feb 10, 1981 | Docket: 1372356

Cited 6 times | Published

employment and was entitled to compensation.[2]See Section 440.02(1)(b)1, Florida Statutes. The appellant contends

Jess Parrish Memorial Hospital v. Ansell

390 So. 2d 1201

District Court of Appeal of Florida | Filed: Nov 7, 1980 | Docket: 1750317

Cited 6 times | Published

following description of "wages," as provided by § 440.02(12), Florida Statutes: Wages means the money rate

Wilhelm v. Westminster Presbyterian Church

235 So. 2d 726

Supreme Court of Florida | Filed: May 20, 1970 | Docket: 1382796

Cited 6 times | Published

accident within the contemplation of Florida Statute § 440.02(19), F.S.A. We are committed to the doctrine that

Russell House Movers, Inc. v. Nolin

210 So. 2d 859

Supreme Court of Florida | Filed: May 22, 1968 | Docket: 1468768

Cited 6 times | Published

out in Section 440.02(19), F.S. and the other is contained in Section 440.15(5) (c). Section 440.02(19)

Clark v. Western Knapp Engineering Company

190 So. 2d 334

Supreme Court of Florida | Filed: Sep 28, 1966 | Docket: 1313443

Cited 6 times | Published

as set forth in Florida Statutes § 440.02(19), F.S.A. Section 440.02(19) as amended at the 1965 session

Simmons v. City of Coral Gables

186 So. 2d 493

Supreme Court of Florida | Filed: Apr 27, 1966 | Docket: 533172

Cited 6 times | Published

distressing disability to the young trainee. F.S. § 440.02(6); § 440.02(19). F.S.A. Spivey v. Battaglia Fruit Company

Yates v. GABRIO ELECTRIC COMPANY

167 So. 2d 565

Supreme Court of Florida | Filed: Sep 23, 1964 | Docket: 1321222

Cited 6 times | Published

ailment, there must be an apportionment under Section 440.02(19), Florida Statutes, F.S.A. We agree with

Shores Development, Inc. v. Carver

164 So. 2d 803

Supreme Court of Florida | Filed: Jan 22, 1964 | Docket: 1395164

Cited 6 times | Published

as required by F.S. § 440.02(19), F.S.A. The pertinent portion of F.S. § 440.02 (19), F.S.A. provides

Watson v. Melman, Inc.

106 So. 2d 433

District Court of Appeal of Florida | Filed: Nov 6, 1958 | Docket: 1331713

Cited 6 times | Published

order of the deputy commissioner, misapplied section 440.02(19), Fla. Stat., F.S.A.[1] The petition is

Baya's Bar Grill v. Alcorn

40 So. 2d 468, 1949 Fla. LEXIS 1385

Supreme Court of Florida | Filed: May 6, 1949 | Docket: 3263269

Cited 6 times | Published

operation of the Workmen's Compensation Law. Section 440.02(2), Florida Statutes 1941, and F.S.A. In the

Johnson Ex Rel. Mitchell v. Midland Constructors, Inc.

11 So. 2d 895, 152 Fla. 289, 1943 Fla. LEXIS 891

Supreme Court of Florida | Filed: Jan 19, 1943 | Docket: 3272088

Cited 6 times | Published

See Section 440.02, paragraphs 11 and 15. It seems that the act contemplates actual dependents. The widow

Moradiellos v. Gerelco Traffic Controls, Inc.

176 So. 3d 329, 2015 Fla. App. LEXIS 13272, 2015 WL 5158490

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690032

Cited 5 times | Published

work performed by or as.a subcontractor. § 440.02(15)(c)2, Fla. Stat. (2014) (emphasis added). It

Bifulco v. Patient Business & Financial Services, Inc.

39 So. 3d 1255, 30 I.E.R. Cas. (BNA) 1689, 35 Fla. L. Weekly Supp. 368, 2010 Fla. LEXIS 989, 2010 WL 2518200

Supreme Court of Florida | Filed: Jun 24, 2010 | Docket: 1656343

Cited 5 times | Published

compensation under the Workers' Compensation Law. Section 440.02(16)(a), Florida Statutes (2004), defines "Employer"

COASTAL MASONRY, INC. v. Gutierrez

30 So. 3d 545, 2010 Fla. App. LEXIS 1355, 2010 WL 445729

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1120958

Cited 5 times | Published

is not the result of an injury, as defined by F.S. 440.02(1). The claimant's medical condition is the result

Schroeder v. Peoplease Corp.

18 So. 3d 1165, 2009 Fla. App. LEXIS 14394, 2009 WL 3047381

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1640642

Cited 5 times | Published

employment." § 440.09(1), Fla. Stat. (2005). Section 440.02(19), Florida Statutes (2005) defines "injury"

Bivens v. City of Lakeland

993 So. 2d 1100, 2008 WL 4425474

District Court of Appeal of Florida | Filed: Oct 2, 2008 | Docket: 1516041

Cited 5 times | Published

the employee suffers disablement or death"). Section 440.02(13), Florida Statutes (2007), defines "disability"

Bivens v. City of Lakeland

993 So. 2d 1100, 2008 WL 4425474

District Court of Appeal of Florida | Filed: Oct 2, 2008 | Docket: 1516041

Cited 5 times | Published

the employee suffers disablement or death"). Section 440.02(13), Florida Statutes (2007), defines "disability"

Fast Tract Framing, Inc. v. Caraballo

994 So. 2d 355, 2008 WL 4190649

District Court of Appeal of Florida | Filed: Sep 15, 2008 | Docket: 1667063

Cited 5 times | Published

income in its definition of wages contained in section 440.02(28), Florida Statutes (2007). We find that

Thorkelson v. NY Pizza & Pasta Inc.

956 So. 2d 542, 2007 WL 1459846

District Court of Appeal of Florida | Filed: May 21, 2007 | Docket: 1740515

Cited 5 times | Published

language quoted above to section 440.15(4)(e)). Section 440.02(18), Florida Statutes (2004), defines "misconduct":

Hazealeferiou v. Labor Ready

947 So. 2d 599, 2007 WL 29236

District Court of Appeal of Florida | Filed: Jan 5, 2007 | Docket: 1376641

Cited 5 times | Published

employee-employer relationship under these circumstances. Section 440.02(15)(a) defines "employee" in the worker's compensation

City of Mary Esther v. McArtor

902 So. 2d 942, 2005 WL 1330047

District Court of Appeal of Florida | Filed: Jun 7, 2005 | Docket: 1256943

Cited 5 times | Published

reflects the statutory concept of "disability." See § 440.02(13), Fla. Stat. (2003) ("`Disability' means incapacity

Shaw v. Cambridge Integrated Services Group, Inc.

888 So. 2d 58, 2004 WL 2238509

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 1697212

Cited 5 times | Published

"arising out of and in the course of employment." § 440.02(19), Fla. Stat. (2003). "For an injury to arise

Shaw v. Cambridge Integrated Services Group, Inc.

888 So. 2d 58, 2004 WL 2238509

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 1697212

Cited 5 times | Published

"arising out of and in the course of employment." § 440.02(19), Fla. Stat. (2003). "For an injury to arise

Allen v. Protel, Inc.

852 So. 2d 916, 28 Fla. L. Weekly Fed. D 1945

District Court of Appeal of Florida | Filed: Aug 21, 2003 | Docket: 1305789

Cited 5 times | Published

definition of catastrophic injury contained in section 440.02(34)(f), Florida Statutes." Union Camp Corp

Home Depot v. Turner

820 So. 2d 1075, 2002 WL 1539554

District Court of Appeal of Florida | Filed: Jul 16, 2002 | Docket: 1715705

Cited 5 times | Published

II ... of the federal Social Security Act ...." § 440.02(34)(f), Fla. Stat. (1995). The E/C do not seriously

Crawford & Company v. Apfel

235 F.3d 1298, 2000 U.S. App. LEXIS 31829

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2000 | Docket: 396298

Cited 5 times | Published

under Title II,” Fla. Stats. *1306 § 440.02(37)(f), employers and insurance carriers alike

Temporary Labor Source v. EH

765 So. 2d 757, 2000 WL 728679

District Court of Appeal of Florida | Filed: Jun 8, 2000 | Docket: 428597

Cited 5 times | Published

constituted a catastrophic injury as defined in section 440.02(34)(b).[5] While the record contains expert

Orange County MIS Dept. v. HAK.

710 So. 2d 998, 1998 WL 187438

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1731631

Cited 5 times | Published

Dokoupil, 667 So.2d 275 (Fla. 1st DCA 1995). Section 440.02(32), Florida Statutes (Supp.1994), provides:

Jackson v. Columbia Pictures

610 So. 2d 1349, 1992 WL 385367

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1413575

Cited 5 times | Published

anticipated, based upon reasonable medical probability." § 440.02(7), Fla. Stat. (1985); Corral v. McCrory Corp

Jackson v. Columbia Pictures

610 So. 2d 1349, 1992 WL 385367

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1413575

Cited 5 times | Published

anticipated, based upon reasonable medical probability." § 440.02(7), Fla. Stat. (1985); Corral v. McCrory Corp

Arnold Lumber Co. v. Harris

503 So. 2d 925, 12 Fla. L. Weekly 532

District Court of Appeal of Florida | Filed: Feb 16, 1987 | Docket: 1452772

Cited 5 times | Published

does not constitute the payment of compensation. § 440.02(11), Fla. Stat. (Supp. 1980). Here, the claimant

General Elec. v. DeCubas

504 So. 2d 1276, 11 Fla. L. Weekly 2503

District Court of Appeal of Florida | Filed: Dec 2, 1986 | Docket: 453493

Cited 5 times | Published

she qualified as a "child," as defined in section 440.02(5), Florida Statutes, within the Workers' Compensation

Munroe Regional Medical Center v. Ricker

489 So. 2d 785, 11 Fla. L. Weekly 1107

District Court of Appeal of Florida | Filed: May 13, 1986 | Docket: 1528897

Cited 5 times | Published

unusual event or result, happening suddenly." § 440.02(1), Fla. Stat. (1983); McCrory Stores v. Pence

OBS Co., Inc. v. Freeney

475 So. 2d 947, 10 Fla. L. Weekly 2084

District Court of Appeal of Florida | Filed: Sep 5, 1985 | Docket: 1147582

Cited 5 times | Published

the time of the injury." (emphasis added). Section 440.02(9), Florida Statutes. Due to his skin condition

Exxon Co., USA v. Rodriguez

410 So. 2d 571

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 1518553

Cited 5 times | Published

defined in the Workers' Compensation Act. See Section 440.02(6), Florida Statutes (1979). The deputy's order

American Beryllium Co. v. Stringer

392 So. 2d 1294

Supreme Court of Florida | Filed: Feb 19, 1981 | Docket: 1678226

Cited 5 times | Published

this holding, the company contends that under section 440.02(18), Florida Statutes, Stringer's claim should

Rowe & Mitchell v. Rodgers

378 So. 2d 1281

District Court of Appeal of Florida | Filed: Jan 23, 1980 | Docket: 1794704

Cited 5 times | Published

Rowe & Mitchell and its carrier urge that Section 440.02(18), Florida Statutes (1977), forbids this

Krajenta v. DIV., WKRS'COMPENSATION

376 So. 2d 1200

District Court of Appeal of Florida | Filed: Nov 2, 1979 | Docket: 1411051

Cited 5 times | Published

Division of Labor of the Department of Commerce. § 440.02(8)(a). However, § 2, Ch. 79-40 created the Division

Tracy v. Americana Hotel

234 So. 2d 641

Supreme Court of Florida | Filed: Apr 8, 1970 | Docket: 1354230

Cited 5 times | Published

1953), 64 So.2d 650, and the 1953 amendment to Section 440.02(1) incorporating the holding in Gray, it is

Thomas Smith Farms, Inc. v. Alday

182 So. 2d 405

Supreme Court of Florida | Filed: Feb 2, 1966 | Docket: 1486889

Cited 5 times | Published

2d 661. [2] Fla. 1965, 175 So.2d 36. [3] F.S. § 440.02(1) (c) 3, F.S.A. [4] Supra.

Hampton v. OWENS-ILLINOIS GLASS, CO., PAPER PROD. DIV.

140 So. 2d 868

Supreme Court of Florida | Filed: May 2, 1962 | Docket: 427401

Cited 5 times | Published

filed April 4, 1962. In Victor Wine we applied Section 440.02(19), Florida Statutes, F.S.A., to situations

Maige v. Cannon

98 So. 2d 399

District Court of Appeal of Florida | Filed: Nov 12, 1957 | Docket: 1485224

Cited 5 times | Published

apprenticeship, express or implied, oral or written." § 440.02(2) (a). In other words, "there must be a consensual

Peterson v. City Commission

44 So. 2d 423, 1950 Fla. LEXIS 1273

Supreme Court of Florida | Filed: Feb 7, 1950 | Docket: 1733011

Cited 5 times | Published

are viz.: Subsections (6), (18) and (19) of Section 440.02, F.S.A.: "(6) The term `injury' means personal

Benniefield v. City of Lakeland

109 So. 3d 1288, 2013 Fla. App. LEXIS 5602, 2013 WL 1395710

District Court of Appeal of Florida | Filed: Apr 8, 2013 | Docket: 60229498

Cited 4 times | Published

based upon reasonable medical probability.” See § 440.02(10), Fla. Stat. (2007). It is the claimant’s burden

Strickland v. Timco Aviation Services, Inc.

66 So. 3d 1002, 2011 Fla. App. LEXIS 10314, 2011 WL 2570775

District Court of Appeal of Florida | Filed: Jun 30, 2011 | Docket: 60301805

Cited 4 times | Published

to perform the job properly and safely, cf. section 440.02(15)(d)(l)a.(I), Florida Statutes, (providing

Amendments to Rules of Appellate Procedure

941 So. 2d 352, 31 Fla. L. Weekly Supp. 732, 2006 Fla. LEXIS 2544, 2006 WL 3025623

Supreme Court of Florida | Filed: Oct 26, 2006 | Docket: 299199

Cited 4 times | Published

is synonymous with insolvency as defined by section 440.02, Florida Statutes. (2) Filing Fee. (A) Authority

Bussey v. Wal-Mart Store 725

867 So. 2d 542, 2004 WL 358477

District Court of Appeal of Florida | Filed: Feb 27, 2004 | Docket: 1722528

Cited 4 times | Published

employee was receiving at the time of the injury." § 440.02(12), Fla. Stat. (2001) (emphasis added). Therefore

Daws Mfg. Co., Inc. v. Ostoyic

756 So. 2d 175, 2000 WL 331955

District Court of Appeal of Florida | Filed: Mar 31, 2000 | Docket: 520374

Cited 4 times | Published

intended to require the determination of PTD under F.S. 440.02(34)(f)(1994) be made after attaining overall

Alachua County Adult Detention Center v. Alford

727 So. 2d 388, 1999 WL 122918

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1438660

Cited 4 times | Published

to PTD benefits. Specifically, pursuant to section 440.02(34)(f), Florida Statutes (1995), the JCC determined

Claims Management, Inc. v. Drewno

727 So. 2d 395, 1999 Fla. App. LEXIS 2517, 1999 WL 123291

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1438972

Cited 4 times | Published

under section 440.09(1), we must also examine section 440.02(32), Florida Statutes, which, too, was added

American Airlines v. LeFevers

674 So. 2d 940, 1996 WL 316216

District Court of Appeal of Florida | Filed: Jun 13, 1996 | Docket: 1194765

Cited 4 times | Published

major contributing cause of her injury under section 440.02(32), Florida Statutes (Supp.1994). See Vigliotti

Amend. to Fla. Rules of Workers'comp.

664 So. 2d 945, 1995 WL 656744

Supreme Court of Florida | Filed: Nov 9, 1995 | Docket: 1655898

Cited 4 times | Published

is synonymous with insolvency as defined by section 440.02(31)(b), Florida Statutes. (hg) Preparation

Waldorf v. Jefferson County School Bd.

622 So. 2d 515, 1993 WL 274215

District Court of Appeal of Florida | Filed: Jul 22, 1993 | Docket: 1528985

Cited 4 times | Published

of claimant's average weekly wage because of section 440.02(24), Florida Statutes (Supp. 1990), which reads:

Waldorf v. Jefferson County School Bd.

622 So. 2d 515, 1993 WL 274215

District Court of Appeal of Florida | Filed: Jul 22, 1993 | Docket: 1528985

Cited 4 times | Published

of claimant's average weekly wage because of section 440.02(24), Florida Statutes (Supp. 1990), which reads:

Mazzella v. Boinis

617 So. 2d 1156, 1993 WL 164891

District Court of Appeal of Florida | Filed: May 19, 1993 | Docket: 457732

Cited 4 times | Published

the age of 18 years." Mazzella also refers to section 440.02(5), Florida's Compensation Act, and section

University of Florida v. Massie

602 So. 2d 516, 17 Fla. L. Weekly Supp. 306, 1992 Fla. LEXIS 975, 1992 WL 110907

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 1321515

Cited 4 times | Published

deputy commissioner's denial of compensability? Section 440.02(1), Florida Statutes (1989),[4] defines "accident"

B & B STEEL ERECTORS v. Burnsed

591 So. 2d 644, 1991 WL 259453

District Court of Appeal of Florida | Filed: Dec 3, 1991 | Docket: 541335

Cited 4 times | Published

that he was entitled to coverage pursuant to section 440.02(13)(d)(4), Florida Statutes (Supp. 1990) or

Gill v. USX Corp.

588 So. 2d 1035, 1991 WL 231783

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 1708367

Cited 4 times | Published

employee was receiving at the time of the injury." Section 440.02(9), Fla. Stat. (1985). As we observed in Escambia

Oppenheim v. Reliance Insurance

804 F. Supp. 305, 1992 WL 275884

District Court, M.D. Florida | Filed: Oct 4, 1991 | Docket: 1240797

Cited 4 times | Published

purposes of workers' compensation. See Fla.Stat. § 440.02(13)(b) (1989 & West Supp. II 1990) (defining `employee'

Pan American Bank v. Glinski

584 So. 2d 52, 1991 Fla. App. LEXIS 7061, 1991 WL 133558

District Court of Appeal of Florida | Filed: Jul 17, 1991 | Docket: 466852

Cited 4 times | Published

employee was receiving at the time of injury." § 440.02(9), Fla. Stat. (1983). Permanent total disability

Dubois Farms, Inc. v. Paul

566 So. 2d 923, 1990 WL 133210

District Court of Appeal of Florida | Filed: Sep 13, 1990 | Docket: 1529205

Cited 4 times | Published

The E/C argue that under the newly amended section 440.02(21), Florida Statutes (1987)[2] an item must

Cruise Quality Painting v. Paige

564 So. 2d 1190, 1990 WL 102727

District Court of Appeal of Florida | Filed: Jul 23, 1990 | Docket: 1689031

Cited 4 times | Published

1st DCA 1980), where we observed that then section 440.02(18), Florida Statutes (1977), "governs issues

Ramada Inn Surfside v. Swanson

560 So. 2d 300, 1990 WL 48646

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1477962

Cited 4 times | Published

sexual contacts with her supervisor. Although section 440.02(1), Florida Statutes (1987), expressly proscribes

Structural Systems, Inc. v. Worthen

463 So. 2d 502, 10 Fla. L. Weekly 374, 1985 Fla. App. LEXIS 12321

District Court of Appeal of Florida | Filed: Feb 11, 1985 | Docket: 448891

Cited 4 times | Published

follows: Contrary to appellants' arguments, Section 440.02(18) [which, until its amendment in 1979, precluded

Boyd-Scarp Enterprises, Inc. v. Saunders

453 So. 2d 161

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 1651289

Cited 4 times | Published

"employees" of a subcontractor. Pursuant to Section 440.02(2)(c), Florida Statutes (1981), a sole proprietor

Boyd-Scarp Enterprises, Inc. v. Saunders

453 So. 2d 161

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 1651289

Cited 4 times | Published

"employees" of a subcontractor. Pursuant to Section 440.02(2)(c), Florida Statutes (1981), a sole proprietor

Wolbert, Saxon & Middleton v. Warren

444 So. 2d 511

District Court of Appeal of Florida | Filed: Jan 20, 1984 | Docket: 451983

Cited 4 times | Published

unusual event or result, happening suddenly." § 440.02(18), Fla. Stat. (1981) (emphasis supplied). Consistent

Rudolph v. Miami Dolphins, Ltd.

447 So. 2d 284

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 1691049

Cited 4 times | Published

denied benefits on the primary ground that section 440.02(1)(c)3, Florida Statutes, excludes professional

Cast Crete Corp. v. Duncan

383 So. 2d 245

District Court of Appeal of Florida | Filed: Apr 25, 1980 | Docket: 457432

Cited 4 times | Published

aggravation of a preexisting condition governed by § 440.02(18), Florida Statutes. Cf., Czepial v. Krohne

Fort v. Hood's Dairy, Inc.

143 So. 2d 13

Supreme Court of Florida | Filed: Jun 27, 1962 | Docket: 1319283

Cited 4 times | Published

whole, did it commit error in the contemplation of § 440.02(9), Florida Statutes, F.S.A.? The employer contends

Gerber v. Vincent's Men's Hairstyling, Inc.

57 So. 3d 935, 2011 Fla. App. LEXIS 4354, 2011 WL 1135455

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60299207

Cited 3 times | Published

employee ... on account of such injury or death.” Section 440.02(19), Florida Statutes (2009), defines “injury”

Bend v. Shamrock Services

59 So. 3d 153, 2011 Fla. App. LEXIS 2515, 2011 WL 680282

District Court of Appeal of Florida | Filed: Feb 28, 2011 | Docket: 2362780

Cited 3 times | Published

definition, an "employee" of the Employer, see section 440.02(15)(c)2.-4., Florida Statutes (2007)), injured

Witham v. Sheehan Pipeline Construction Co.

45 So. 3d 105, 2010 Fla. App. LEXIS 14220, 2010 WL 3703359

District Court of Appeal of Florida | Filed: Sep 23, 2010 | Docket: 2399112

Cited 3 times | Published

employment, and that the claim is barred pursuant to section 440.02(1), Florida Statutes (2007), as an accidental

Bolanos v. WORKFORCE ALLIANCE

23 So. 3d 171, 2009 Fla. App. LEXIS 15999, 2009 WL 3430175

District Court of Appeal of Florida | Filed: Oct 27, 2009 | Docket: 1657474

Cited 3 times | Published

Workforce or Arbor. Instead, he argues that section 440.02(16)(a) defines "employer" to include "employment

Matrix Employee Leasing v. Pierce

985 So. 2d 631, 2008 WL 2434136

District Court of Appeal of Florida | Filed: Jun 18, 2008 | Docket: 31403

Cited 3 times | Published

at the levels to which she was exposed, see section 440.02(1), Florida Statutes (2005), we reverse. In

City of Ocoee v. Trimble

929 So. 2d 687, 2006 Fla. App. LEXIS 7984, 2006 WL 1373237

District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 1727008

Cited 3 times | Published

of employment." See Checkers, at 349; see also § 440.02(19). For instance, the E/C has not waived the

IMC Phosphates Co. v. Prater

895 So. 2d 1263, 2005 WL 548232

District Court of Appeal of Florida | Filed: Mar 10, 2005 | Docket: 1674499

Cited 3 times | Published

naturally or unavoidably result from such injury." § 440.02(18), Fla. Stat. (2001). In affirming the compensability

Martin Electronics, Inc. v. Jones

877 So. 2d 765, 2004 Fla. App. LEXIS 8906, 2004 WL 1361578

District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 1684572

Cited 3 times | Published

unusual event or result that happens suddenly," § 440.02(1), Fla. Stat. (2000), the Turner court explained:

Martin Electronics, Inc. v. Jones

877 So. 2d 765, 2004 Fla. App. LEXIS 8906, 2004 WL 1361578

District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 1684572

Cited 3 times | Published

unusual event or result that happens suddenly," § 440.02(1), Fla. Stat. (2000), the Turner court explained:

Florida Power Corp. v. Brown

863 So. 2d 364, 2003 Fla. App. LEXIS 17723, 2003 WL 22734831

District Court of Appeal of Florida | Filed: Nov 21, 2003 | Docket: 1432214

Cited 3 times | Published

an injury by accident. The first is found in section 440.02(1), Florida Statutes (2000), where "accident"

Rivers v. Grimsley Oil Co., Inc.

842 So. 2d 975, 2003 WL 1856416

District Court of Appeal of Florida | Filed: Apr 11, 2003 | Docket: 1440539

Cited 3 times | Published

due to stress, fright or excitement only." See § 440.02(1), Fla. Stat. (Supp.1998). Thereafter, Grimsley

Wal-Mart Stores v. Campbell

714 So. 2d 436, 1998 WL 306764

Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 390873

Cited 3 times | Published

by the enactment, effective July 1, 1990, of section 440.02(24), Florida Statutes (Supp.1990). Id. at 85

Wal-Mart Stores v. Campbell

694 So. 2d 136, 1997 WL 289076

District Court of Appeal of Florida | Filed: Jun 2, 1997 | Docket: 1450680

Cited 3 times | Published

Florida, amending the definition of "wages" in section 440.02(24), affected the calculation of AWW under

Bob Wilson Dodge v. Mohammed

692 So. 2d 287, 1997 WL 203664

District Court of Appeal of Florida | Filed: Apr 28, 1997 | Docket: 1524504

Cited 3 times | Published

employment is a "catastrophic" injury, as defined in section 440.02(34), Florida Statutes (Supp.1994). These amendments

Hensley v. Punta Gorda

686 So. 2d 724, 1997 WL 7289

District Court of Appeal of Florida | Filed: Jan 6, 1997 | Docket: 1260351

Cited 3 times | Published

workers' compensation matter, asks us to rule that section 440.02(1) Florida Statutes (Supp.1994), does not comport

Hallal v. RDV Sports, Inc.

682 So. 2d 1235, 114 Educ. L. Rep. 718

District Court of Appeal of Florida | Filed: Nov 22, 1996 | Docket: 1276145

Cited 3 times | Published

provisions of the Workers' Compensation Law. Section 440.02(13)(a) defines "employee" as "any person engaged

Perez v. Publix Supermarkets, Inc.

673 So. 2d 938, 1996 WL 267906

District Court of Appeal of Florida | Filed: May 22, 1996 | Docket: 1246532

Cited 3 times | Published

occupational causation, and provided a new section, 440.02(32) defining "arising out of." The definition

Houston-Miller v. U.S. Fire Insurance

668 So. 2d 653, 1996 Fla. App. LEXIS 1458, 1996 WL 69111

District Court of Appeal of Florida | Filed: Feb 20, 1996 | Docket: 64762624

Cited 3 times | Published

rehabilitative services furnished by the employer.... Section 440.02(6), Florida Statutes (1985) defines “compensation”

Ciancio v. North Dunedin Baptist Church

616 So. 2d 61, 1993 Fla. App. LEXIS 2103, 1993 WL 39660

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 1726692

Cited 3 times | Published

appeals a workers' compensation order applying section 440.02(24), Florida Statutes (Supp. 1990), which provides

Zundell v. Dade County School Bd.

609 So. 2d 1367, 1992 WL 379421

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1743348

Cited 3 times | Published

alcohol or controlled substances or narcotic drugs." § 440-02(1), Fla. Stat.(1991). Similarly, it has expressly

Florida Community Health Center v. Ross

590 So. 2d 1037, 1991 WL 265074

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 458248

Cited 3 times | Published

in refusing to apply the 1987 amendment to section 440.02, regarding evaluation of non-cash compensation

Lil Champ Food Stores, Inc. v. Powers

569 So. 2d 464, 1990 Fla. App. LEXIS 8895, 1990 WL 129095

District Court of Appeal of Florida | Filed: Nov 13, 1990 | Docket: 1190235

Cited 3 times | Published

accident arising out of the employment... ." Section 440.02(1), Fla. Stat. (1985). In Superior Mill Work

Bright v. City of Tampa

546 So. 2d 1122, 1989 WL 77491

District Court of Appeal of Florida | Filed: Jul 13, 1989 | Docket: 1731089

Cited 3 times | Published

calculating the claimant's average weekly wage. § 440.02(21) Fla. Stat. (1981); Layne Atl. Co. v. Scott

Herman v. Roche

533 So. 2d 824, 1988 WL 106307

District Court of Appeal of Florida | Filed: Oct 14, 1988 | Docket: 1656450

Cited 3 times | Published

independent contractor, and not an employee. Section 440.02(11)(a), Florida Statutes (Supp. 1986) defines

Iley v. Linzey

531 So. 2d 1361, 1988 WL 95880

District Court of Appeal of Florida | Filed: Sep 15, 1988 | Docket: 1528651

Cited 3 times | Published

Act. In support of this argument they cite section 440.02(13)(b)2[1] and Jay Livestock Market v. Hill

Regal Marine Industries v. Cappucci

523 So. 2d 766, 1988 WL 33694

District Court of Appeal of Florida | Filed: Apr 15, 1988 | Docket: 473151

Cited 3 times | Published

the date of MMI, which results from the injury. § 440.02(16), Fla. Stat. (1985). The definition of the

Orlando Precast Products v. Ciofalo

501 So. 2d 1326, 12 Fla. L. Weekly 101

District Court of Appeal of Florida | Filed: Dec 31, 1986 | Docket: 538564

Cited 3 times | Published

Rosenfeld, 386 So.2d 865 (Fla. 1st DCA 1980). Section 440.02(16), Florida Statutes (1985), defines permanent

Telcon, Inc. v. Williams

500 So. 2d 266, 12 Fla. L. Weekly 5

District Court of Appeal of Florida | Filed: Dec 19, 1986 | Docket: 1689618

Cited 3 times | Published

the Florida workers' compensation statute. Section 440.02(6), Florida Statutes (1979), provides: The

Sheppard v. City of Gainesville

490 So. 2d 972, 11 Fla. L. Weekly 1303

District Court of Appeal of Florida | Filed: Jun 10, 1986 | Docket: 1489257

Cited 3 times | Published

resulting psychiatric disability and impairment. Section 440.02(1) of the Workers' Compensation Law excludes

Fisher v. SHENANDOAH GEN. CONST. CO.

472 So. 2d 871, 10 Fla. L. Weekly 1751

District Court of Appeal of Florida | Filed: Jul 17, 1985 | Docket: 1794306

Cited 3 times | Published

and further defines "injury" as an accident (section 440.02), intentional torts are excluded because such

Hayward Trucking v. Aetna Ins. Co.

466 So. 2d 437, 10 Fla. L. Weekly 896

District Court of Appeal of Florida | Filed: Apr 9, 1985 | Docket: 1524928

Cited 3 times | Published

So.2d 1281 (Fla. 1st DCA 1979) (construing Section 440.02(18), Florida Statutes (1977), similarly). Section

Covert v. Hall

467 So. 2d 372, 10 Fla. L. Weekly 771

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 1680370

Cited 3 times | Published

employees at any one time are not subject to the Act. § 440.02(13)(b)2, Fla. Stat. (1983). But whether a particular

Popiel v. Broward County School Bd.

432 So. 2d 1374, 12 Educ. L. Rep. 186

District Court of Appeal of Florida | Filed: Jun 21, 1983 | Docket: 1677434

Cited 3 times | Published

unusual event or result, happening suddenly. Section 440.02(18), Florida Statutes (1981). A battery can

Radney v. Edwards

424 So. 2d 956

District Court of Appeal of Florida | Filed: Jan 10, 1983 | Docket: 1708415

Cited 3 times | Published

We agree, and we reverse the order appealed. Section 440.02(1)(b)2, Florida Statutes, defines "employment"

Davis v. Sun Banks of Orlando

412 So. 2d 937

District Court of Appeal of Florida | Filed: Apr 19, 1982 | Docket: 2551480

Cited 3 times | Published

excluded from the Workers' Compensation Act. Section 440.02(18), Florida Statutes (1981). Injuries of this

Neff v. Britto

404 So. 2d 416

District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 1783292

Cited 3 times | Published

since Section 440.02(18), Florida Statutes (1978) has done away with apportionment. Section 440.02(18)

US Home Corp. v. Parker

404 So. 2d 170

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1783373

Cited 3 times | Published

or alternatively, a qualified self-insured. See § 440.02(7), Fla. Stat. (1977). No evidence was presented

Rollins Bldg. Services, Inc. v. Thomas

393 So. 2d 665, 1981 Fla. App. LEXIS 19462

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 1372369

Cited 3 times | Published

from the definition of employment found in Section 440.02(1)(c), 1977 Florida Statutes. Following the

Feltner v. Southern Bell Telephone & Telegraph Co.

274 So. 2d 530

Supreme Court of Florida | Filed: Mar 7, 1973 | Docket: 1260854

Cited 3 times | Published

arose out of and in the course of employment. See § 440.02(6), F.S.A. The Judge of Industrial Claims apparently

Jenkins v. Peddie

145 So. 2d 729

Supreme Court of Florida | Filed: Oct 17, 1962 | Docket: 60207518

Cited 3 times | Published

the decedent was not an employee under F.S.A. § 440.-02(2) of Peddie, either under a direct contract,

City of Hialeah v. Warner

128 So. 2d 611, 1961 Fla. LEXIS 2430

Supreme Court of Florida | Filed: Apr 5, 1961 | Docket: 60197128

Cited 3 times | Published

commissioner, concluding that under the provisions of Section 440.02(9), Florida Statutes, F.S.A., disability is

Ben-Jay Food Distributors v. Warshaw

70 So. 2d 564, 1954 Fla. LEXIS 1282

Supreme Court of Florida | Filed: Feb 19, 1954 | Docket: 1283961

Cited 3 times | Published

Food Distributors, Inc. within the meaning of Section 440.02(2) of the Florida Workmen's Compensation Law

Mobile Elevator Co. v. White

39 So. 2d 799, 1949 Fla. LEXIS 1325

Supreme Court of Florida | Filed: Apr 12, 1949 | Docket: 3272518

Cited 3 times | Published

employed in the same business or establishment" (Section 440.02), the award to appellee can be sustained only

Jones v. Brink

39 So. 2d 791, 1949 Fla. LEXIS 1321

Supreme Court of Florida | Filed: Feb 25, 1949 | Docket: 3259657

Cited 3 times | Published

countered with a quotation from paragraph one of Section 440.02 of the act, where the kinds of employment covered

& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal

194 So. 3d 311, 2016 WL 3191086

Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072274

Cited 2 times | Published

maximum medical improvement” is defined in section 440.02(10), Florida Statutes (2009), as “the date

Gonzalez v. J.W. Cheatham LLC

125 So. 3d 942, 2013 WL 2320804, 2013 Fla. App. LEXIS 8474

District Court of Appeal of Florida | Filed: May 29, 2013 | Docket: 60236129

Cited 2 times | Published

excluded from the definition of “employee” under section 440.02(15)(d)4., Florida Statutes (2009). This case

Felder v. King Motor Co. of South Florida

110 So. 3d 105, 2013 WL 1136334, 2013 Fla. App. LEXIS 4419

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230109

Cited 2 times | Published

application to the construction industry. First, in section 440.02(16)(a), Florida Statutes (2006), the Legislature

Ocean Reef Club, Inc. v. Wilczewski

99 So. 3d 1, 2012 Fla. App. LEXIS 4352, 2012 WL 934028

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60312871

Cited 2 times | Published

reasons: (1) lack of workplace injury under section 440.02 of the Florida Statutes, and (2) the “Statute

Marin v. Aaron's Rent to Own

53 So. 3d 1048, 2010 Fla. App. LEXIS 18350, 2010 WL 4909235

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 60297978

Cited 2 times | Published

simply construing a statute. That statute, section 440.02(28), Florida Statutes (2007), an enactment

McKenzie v. Mental Health Care, Inc./Summit Claims Center

43 So. 3d 767, 2010 Fla. App. LEXIS 10802, 2010 WL 2873018

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 60295473

Cited 2 times | Published

a synonym for the initial compen-sable injury. § 440.02(19), Fla. Stat. (2007); Subsection 440.093(2)

Rene Stone Work Corp. v. Gonzalez

25 So. 3d 1272, 2010 Fla. App. LEXIS 543, 2010 WL 255982

District Court of Appeal of Florida | Filed: Jan 25, 2010 | Docket: 1195711

Cited 2 times | Published

wages for income tax purposes as required by section 440.02(28), Florida Statutes (2008). Claimant testified

Butler v. City of Jacksonville

980 So. 2d 1250, 2008 Fla. App. LEXIS 6937, 2008 WL 1968312

District Court of Appeal of Florida | Filed: May 8, 2008 | Docket: 1735583

Cited 2 times | Published

Security Act as the Act existed on July 1, 1992. See § 440.02(34)(f), Fla. Stat. (1996). The claimant bears

ORANGE COUNTY SCHOOL BD. v. Powers

959 So. 2d 370, 2007 WL 1687173

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 634281

Cited 2 times | Published

workers' compensation coverage, is defined at section 440.02(15)(a), Florida Statute (2003): "Employee"

Kone, Inc. v. Robinson

937 So. 2d 238, 2006 WL 2527245

District Court of Appeal of Florida | Filed: Sep 5, 2006 | Docket: 459563

Cited 2 times | Published

does not equate with construction. See, e.g., § 440.02(7), Fla. Stat. (1999) (defining "construction

Lanham v. DEPT. OF ENVIRONMENTAL PROTECTION

868 So. 2d 561, 2004 WL 182795

District Court of Appeal of Florida | Filed: Feb 2, 2004 | Docket: 1510592

Cited 2 times | Published

accident occurring after the effective date of section 440.02(32), Florida Statutes (Supp.1994),[1] defining

J & J ENTERPRISES v. Oweis

733 So. 2d 1149, 1999 WL 393681

District Court of Appeal of Florida | Filed: Jun 17, 1999 | Docket: 2586784

Cited 2 times | Published

as the major contributing cause provision in section 440.02(32), Fla. Stat., is satisfied by the claimant's

Gayton v. Mills Septic Tank

695 So. 2d 397, 1997 WL 215782

District Court of Appeal of Florida | Filed: May 2, 1997 | Docket: 1522096

Cited 2 times | Published

if even one (non-exempt) person worked for it. § 440.02(15)(b)(2), Fla.Stat. (1993). Before the hearing

University of Florida v. Collins

678 So. 2d 503, 1996 WL 482644

District Court of Appeal of Florida | Filed: Aug 28, 1996 | Docket: 1470656

Cited 2 times | Published

within the broad definition of "income" under section 440.02(23) of the workers' compensation statute. University

PUTNAM COUNTY SCHOOL BD. v. Debose

667 So. 2d 447, 1996 WL 31878

District Court of Appeal of Florida | Filed: Jan 30, 1996 | Docket: 160986

Cited 2 times | Published

the definition of "employment" provided in section 440.02 are not includable in the determination of

Sagar v. University of Florida

652 So. 2d 469, 1995 WL 121498

District Court of Appeal of Florida | Filed: Mar 23, 1995 | Docket: 476047

Cited 2 times | Published

.. ." Ch. 87-330, § 1, at 2135, Laws of Fla.; § 440.02(21), Fla. Stat. (1987). We decline to address

Arruda v. Gold Crest Kitchens

642 So. 2d 624, 1994 WL 496883

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 549262

Cited 2 times | Published

amendments to the definition of "employee" in section 440.02(13), Florida Statutes (1991).[1] The JCC correctly

Zundell v. Dade County School Bd.

636 So. 2d 8, 19 Fla. L. Weekly Supp. 115, 1994 Fla. LEXIS 353, 1994 WL 70111

Supreme Court of Florida | Filed: Mar 10, 1994 | Docket: 1715419

Cited 2 times | Published

with respect to death or permanent impairment. § 440.02(1), Fla. Stat. (1987) (emphasis added). This statutory

Wright v. Douglas N. Higgins, Inc.

617 So. 2d 460, 1993 WL 141254

District Court of Appeal of Florida | Filed: May 4, 1993 | Docket: 457735

Cited 2 times | Published

apprenticeship, express or implied, oral or written... ." § 440.02(13)(a), Fla. Stat. (1991). The general rule is

City of North Bay Village v. Cook

617 So. 2d 753, 1993 WL 116702

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 458021

Cited 2 times | Published

employee's average monthly wage. [emphasis added] Section 440.02(6), Florida Statutes (1983), provides in pertinent

City of Port Saint Lucie v. Chambers

606 So. 2d 450, 1992 WL 260703

District Court of Appeal of Florida | Filed: Oct 5, 1992 | Docket: 131012

Cited 2 times | Published

contractors from the definition of employees in section 440.02(13)(d)1, Florida Statutes (1989), dictates

Delgado v. Blanco & Sons Catering

606 So. 2d 658, 1992 WL 227862

District Court of Appeal of Florida | Filed: Sep 17, 1992 | Docket: 136964

Cited 2 times | Published

employee was receiving at the time of the injury." § 440.02(10), Fla. Stat. (1989). Disability is not simply

Value Rent a Car v. Liccardo

603 So. 2d 680, 1992 WL 197796

District Court of Appeal of Florida | Filed: Aug 18, 1992 | Docket: 1738985

Cited 2 times | Published

received with the knowledge of the employer. See § 440.02(23), Fla. Stat. (1989). Effective July 1, 1990

RUDD SOD COMPANY v. Reeves

595 So. 2d 254, 1992 WL 42460

District Court of Appeal of Florida | Filed: Mar 9, 1992 | Docket: 278930

Cited 2 times | Published

for uniforms. See ch. 91-1, § 1, Laws of Fla.; § 440.02(24), Fla. Stat. (1991). We, therefore, determine

General Repair Service, Inc. v. McKenzie

577 So. 2d 619, 1991 WL 35454

District Court of Appeal of Florida | Filed: Mar 18, 1991 | Docket: 1156062

Cited 2 times | Published

the gratuity question has been addressed in section 440.02(24), Florida Statutes, which contains the definition

Pan American World Airways v. Mash

573 So. 2d 383, 1991 WL 5011

District Court of Appeal of Florida | Filed: Jan 15, 1991 | Docket: 478826

Cited 2 times | Published

uniform in his determination of claimant's AWW. Section 440.02(21), Florida Statutes (1987), defines "wages"

Philyaw v. Arthur H. Fulton, Inc.

569 So. 2d 787, 1990 WL 154768

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 1191030

Cited 2 times | Published

benefits described, i.e., coverage under the act. Section 440.02(12) defines employer as including "every person

Blackburn for Blackburn v. Taylor

566 So. 2d 915, 1990 WL 133220

District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 1529193

Cited 2 times | Published

decedent's death or injury] for justifiable cause." Section 440.02(19), Florida Statutes (1988 Supp.). Therefore

Globe SEC. v. Pringle

559 So. 2d 720, 1990 WL 43144

District Court of Appeal of Florida | Filed: Apr 16, 1990 | Docket: 1519431

Cited 2 times | Published

minors, whether lawfully or unlawfully employed. Section 440.02(12)(a), Florida Statutes. Clearly, there is

Globe SEC. v. Pringle

559 So. 2d 720, 1990 WL 43144

District Court of Appeal of Florida | Filed: Apr 16, 1990 | Docket: 1519431

Cited 2 times | Published

minors, whether lawfully or unlawfully employed. Section 440.02(12)(a), Florida Statutes. Clearly, there is

Hillsborough County School Bd. v. Fliter

539 So. 2d 1145, 1989 WL 12434

District Court of Appeal of Florida | Filed: Feb 17, 1989 | Docket: 109658

Cited 2 times | Published

are within the statutory definition of "wages." § 440.02(21), Fla. Stat., (1987); Buckhalter v. University

Sunshine Ace Hardware v. Gray

541 So. 2d 1236, 1989 WL 10987

District Court of Appeal of Florida | Filed: Feb 14, 1989 | Docket: 1516527

Cited 2 times | Published

was not an "employee" within the meaning of Section 440.02(11)(d)(1), Florida Statutes (1987), during

Great Dane Trailers v. Clark

520 So. 2d 53, 13 Fla. L. Weekly 198, 1988 Fla. App. LEXIS 177, 1988 WL 2619

District Court of Appeal of Florida | Filed: Jan 14, 1988 | Docket: 1300339

Cited 2 times | Published

result on which compensability may be based. Section 440.02(1), Florida Statutes (1985), defines accident

Hanks v. Tom Brantley's Tire Broker

500 So. 2d 614

District Court of Appeal of Florida | Filed: Dec 22, 1986 | Docket: 2357094

Cited 2 times | Published

first point, affirm on the second, and remand. Section 440.02(21), Florida Statutes, defines "wages" to include

Bison Co. v. Shubert

494 So. 2d 253, 11 Fla. L. Weekly 1899

District Court of Appeal of Florida | Filed: Sep 3, 1986 | Docket: 1510833

Cited 2 times | Published

applied to the definition of accident under Section 440.02(1), Florida Statutes (1983), involves a work-related

International House of Pancakes v. Ellis

492 So. 2d 454, 11 Fla. L. Weekly 1696

District Court of Appeal of Florida | Filed: Aug 6, 1986 | Docket: 478453

Cited 2 times | Published

Pope, 402 So.2d 1303 (Fla. 1st DCA 1981) and section 440.02(21), Florida Statutes, appellants urge that

Lemus v. Industrial Sites Services

482 So. 2d 472, 11 Fla. L. Weekly 226

District Court of Appeal of Florida | Filed: Jan 20, 1986 | Docket: 1769346

Cited 2 times | Published

permanent total disability. That determination, under § 440.02(7)(b), (9), Florida Statutes, establishes that

State Dept. of Public Health v. Wilcox

483 So. 2d 21, 10 Fla. L. Weekly 2713

District Court of Appeal of Florida | Filed: Dec 10, 1985 | Docket: 1511955

Cited 2 times | Published

Reconsideration suggesting to the court that section 440.02(18), Florida Statutes (Supp. 1978), precludes

Smith v. Ford

472 So. 2d 1223, 10 Fla. L. Weekly 1482

District Court of Appeal of Florida | Filed: Jun 14, 1985 | Docket: 1793993

Cited 2 times | Published

servant in a private home and thus excluded by Section 440.02(13)(c)1, Florida Statutes,[1] from the Workers'

Smith v. Ford

472 So. 2d 1223, 10 Fla. L. Weekly 1482

District Court of Appeal of Florida | Filed: Jun 14, 1985 | Docket: 1793993

Cited 2 times | Published

servant in a private home and thus excluded by Section 440.02(13)(c)1, Florida Statutes,[1] from the Workers'

Sielicki v. New York Yankees

388 So. 2d 25

District Court of Appeal of Florida | Filed: Sep 15, 1980 | Docket: 419964

Cited 2 times | Published

policy, the professional athlete exclusion under § 440.02(1)(c)3, Fla. Stat. (1977) is not applicable. §

Miles v. Montreal Baseball Club

379 So. 2d 1325

District Court of Appeal of Florida | Filed: Feb 18, 1980 | Docket: 1277040

Cited 2 times | Published

of his employment but denied benefits because § 440.02(1)(c)3, Florida Statutes (1977), excludes professional

Arroyo v. Crown Hotel

275 So. 2d 226, 1973 Fla. LEXIS 4659

Supreme Court of Florida | Filed: Mar 14, 1973 | Docket: 1390056

Cited 2 times | Published

not a compensable injury under the terms of F.S. § 440.02(19), inasmuch as there was no physical injury

Hastings v. City of Fort Lauderdale Fire Department

178 So. 2d 106

Supreme Court of Florida | Filed: Jun 30, 1965 | Docket: 1326520

Cited 2 times | Published

Beasley, Fla., 141 So.2d 581, after quoting Section 440.02 (19), Fla. Stat.F.S.A., we stated: "In heart

Mathers v. Sellers

113 So. 2d 443, 1959 Fla. App. LEXIS 2622

District Court of Appeal of Florida | Filed: Jun 25, 1959 | Docket: 60192884

Cited 2 times | Published

employees are employed by the same employer.” F.S. § 440.-02(1) (b) 2, F.S.A. Unlike those of most states,

Briggs v. Tripure Products Co.

13 So. 2d 152, 152 Fla. 749, 1943 Fla. LEXIS 1028

Supreme Court of Florida | Filed: Apr 16, 1943 | Docket: 3276463

Cited 2 times | Published

143 Fla. 103, 196 So. 495. Subsection 19 of Section 440.02, Fla. Stats. 1941, defines accidents, viz:

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

271 So. 3d 1133

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14885281

Cited 1 times | Published

major contributing cause of the injury or death.” § 440.02(36), Fla. Stat.; accord Strother v. Morrison Cafeteria

Endurance Am. Specialty Ins. Co. v. United Constr. Eng'g, Inc.

343 F. Supp. 3d 1274

District Court, S.D. Florida | Filed: Oct 25, 2018 | Docket: 64321388

Cited 1 times | Published

performance of any work or service. See Fla. Stat. § 440.02(15)(a) (2018) (defining "statutory employee" under

City of Jacksonville v. Ratliff

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

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 60265664

Cited 1 times | Published

440.09(1) must be read in conjunction with section 440.02(1), which provides as follows: ... if a preexisting

Lett v. Wells Fargo Bank, N.A.

233 F. Supp. 3d 1330, 2017 U.S. Dist. LEXIS 7474, 2017 WL 187395

District Court, S.D. Florida | Filed: Jan 6, 2017 | Docket: 64312592

Cited 1 times | Published

due to fright or excitement only.’” Id. (quoting § 440.02(1), Fla. Stat.). On the other hand, Byrd also

Slora v. Sun 'n Fun Fly-In, Inc.

173 So. 3d 1099, 2015 Fla. App. LEXIS 12708, 2015 WL 5023000

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687741

Cited 1 times | Published

rendering the defendant a statutory employer. See § 440.02(15)(d)(l), Fla. Stat. (2010). This was not the

Rocha v. City of Tampa

100 So. 3d 138, 2012 WL 4800990, 2012 Fla. App. LEXIS 17309

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60225642

Cited 1 times | Published

employee was receiving at the time of the injury.” § 440.02(13), Fla. Stat. (2009); see also § 440.151(3)

Walker v. Broadview Assisted Living

95 So. 3d 942, 2012 WL 3193927, 2012 Fla. App. LEXIS 13163

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311347

Cited 1 times | Published

failed to sustain her burden of proof under section 440.02(32), Florida Statutes (2009), regarding “occupational

Garcia-Lopez v. Affordable Plumbing/Vinings Insurance Co.

66 So. 3d 1024, 2011 Fla. App. LEXIS 11170, 2011 WL 2752805

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60301815

Cited 1 times | Published

introduced into evidence. This was error. Although section 440.02(28), Florida Statutes (2008), defines wages

ALTMAN CONTRACTORS v. Gibson

63 So. 3d 802, 2011 Fla. App. LEXIS 6055, 2011 WL 1601441

District Court of Appeal of Florida | Filed: Apr 29, 2011 | Docket: 2365848

Cited 1 times | Published

workplace, a statutory condition imposed by section 440.02(1), Florida Statutes (2005). See Matrix Employee

Cangelosi v. Picadilly Cafeteria

31 So. 3d 957, 2010 Fla. App. LEXIS 4693, 2010 WL 1407653

District Court of Appeal of Florida | Filed: Apr 9, 2010 | Docket: 60289854

Cited 1 times | Published

See Ch. 93-415, § 2, Laws of Fla. (amending section 440.02(32), Fla. Stat.). The applicable standard of

Arreola v. Administrative Concepts

17 So. 3d 792, 2009 Fla. App. LEXIS 11323, 2009 WL 2475151

District Court of Appeal of Florida | Filed: Aug 14, 2009 | Docket: 1644324

Cited 1 times | Published

by the Florida Workers' Compensation Law. See § 440.02(15)(a), Fla. Stat. (2006); Safeharbor Employer

Adams Homes of Northwest Florida, Inc. v. Cranfill

7 So. 3d 611, 2009 Fla. App. LEXIS 2854, 2009 WL 873540

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 60302812

Cited 1 times | Published

filed in this court by Adams Homes, by amending section 440.02(15)(c)(2) to include as statutory employees

Auman v. LEVEROCK'S SEAFOOD HOUSE

997 So. 2d 476, 33 Fla. L. Weekly Fed. D 2848

District Court of Appeal of Florida | Filed: Dec 16, 2008 | Docket: 2536170

Cited 1 times | Published

employee was receiving at the time of the injury," § 440.02(13), Fla. Stat. (2004), and provides, in pertinent

Houck v. LEE COUNTY BD. OF COUNTY COM'RS

995 So. 2d 1102, 2008 WL 4999484

District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 1285361

Cited 1 times | Published

was "catastrophic" as that term is defined in section 440.02(34), Florida Statutes (1995). In finding that

Guckenberger v. Seminole County

979 So. 2d 407, 2008 WL 1805484

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1714089

Cited 1 times | Published

the Legislature's definition of misconduct in section 440.02(18), Florida Statutes, "are for the Legislature

Wal-Mart Stores, Inc. v. Thompson

974 So. 2d 516, 2008 WL 312644

District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 1717923

Cited 1 times | Published

II . . . of the federal Social Security Act." § 440.02(34)(f), Fla. Stat. (1995); see also Home Depot

Gayer v. Fine Line Const. & Elec., Inc.

970 So. 2d 424, 2007 WL 4179312

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 1695528

Cited 1 times | Published

terms "employer" and "employee" are defined in section 440.02, Florida Statutes, which begins by stating

Orange County Fire Rescue v. Jones

959 So. 2d 785, 2007 WL 1792328

District Court of Appeal of Florida | Filed: Jun 21, 2007 | Docket: 528268

Cited 1 times | Published

reflects the statutory concept of "disability." See § 440.02(13), Fla. Stat. (2003) ("`Disability' means incapacity

Olmo v. Rehabcare Starmed/SRS

930 So. 2d 789, 2006 Fla. App. LEXIS 8547, 2006 WL 1468673

District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 1469113

Cited 1 times | Published

of maximum medical improvement.'" Id. (quoting § 440.02(19), Fla. Stat. (Supp. 1994)). Where a claimant

US Holdings, Inc. v. Belance

922 So. 2d 240, 2006 Fla. App. LEXIS 122, 2006 WL 47466

District Court of Appeal of Florida | Filed: Jan 11, 2006 | Docket: 1683242

Cited 1 times | Published

self-insurer, it was a "carrier" as defined by section 440.02(3), Florida Statutes (1991), and therefore

Royal & Sunalliance v. Chavez

920 So. 2d 69, 2006 WL 20437

District Court of Appeal of Florida | Filed: Jan 5, 2006 | Docket: 1441082

Cited 1 times | Published

The term "catastrophic injury" is defined in section 440.02(37)(a)-(f), Florida Statutes (1999). Claimant's

Smith v. Chepolis

896 So. 2d 934, 2005 Fla. App. LEXIS 2676, 2005 WL 491319

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 64836895

Cited 1 times | Published

qualified as an employer under the definition in section 440.02(16), Florida Statutes (2002), but the part

Protegrity Services, Inc. v. Brehm

901 So. 2d 150, 2005 Fla. App. LEXIS 1407, 2005 WL 320704

District Court of Appeal of Florida | Filed: Feb 11, 2005 | Docket: 1666375

Cited 1 times | Published

section 624.462, Florida Statutes (2000). See § 440.02(4), Fla. Stat. (2000). [4] Section 440.11(4)

Ahlers v. Wilson

867 So. 2d 524, 2004 WL 352187

District Court of Appeal of Florida | Filed: Feb 26, 2004 | Docket: 1722589

Cited 1 times | Published

compensation insurance, the employer, as defined in section 440.02(16)(a), Florida Statutes, is subject to the

Ahlers v. Wilson

867 So. 2d 524, 2004 WL 352187

District Court of Appeal of Florida | Filed: Feb 26, 2004 | Docket: 1722589

Cited 1 times | Published

compensation insurance, the employer, as defined in section 440.02(16)(a), Florida Statutes, is subject to the

McClanahan v. State

854 So. 2d 793, 2003 WL 22056258

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1459832

Cited 1 times | Published

not enjoy workers' compensation immunity. But section 440.02(14), Florida Statutes (1997), defines "employer"

Tanguilan v. PMI Employee Leasing

832 So. 2d 176, 2002 Fla. App. LEXIS 16911, 2002 WL 31519860

District Court of Appeal of Florida | Filed: Nov 14, 2002 | Docket: 1285467

Cited 1 times | Published

injury); see also § 440.09(1), Fla. Stat. (2000); § 440.02(35), Fla. Stat. (2000). REVERSED and REMANDED

Neavins v. City of St. Petersburg

823 So. 2d 288, 2002 WL 1828103

District Court of Appeal of Florida | Filed: Aug 12, 2002 | Docket: 458755

Cited 1 times | Published

the effective loss of use of that appendage." § 440.02(37)(b), Fla. Stat. (1999). "Only a catastrophic

Armstrong v. Ormond in the Pines

734 So. 2d 596, 1999 WL 435849

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 1730895

Cited 1 times | Published

determinative of independent contractor status. See § 440.02(13)(d)1., Fla. Stat. (1995). Based upon these

Clay County School Bd. v. Robison

725 So. 2d 425, 1999 Fla. App. LEXIS 610, 1999 WL 28733

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 1294005

Cited 1 times | Published

is the major contributing cause of the injury." § 440.02(32), Fla. Stat. (1995). See Orange County MIS

University of Florida v. Bowens

677 So. 2d 942, 1996 WL 412788

District Court of Appeal of Florida | Filed: Jul 25, 1996 | Docket: 1690138

Cited 1 times | Published

(Emphasis added.) Prior to the 1987 amendment to section 440.02, which added the above-emphasized language

Scotty's, Inc. v. Sarandrea

645 So. 2d 121, 1994 WL 630621

District Court of Appeal of Florida | Filed: Nov 14, 1994 | Docket: 1654588

Cited 1 times | Published

Cafeteria, 573 So.2d 94 (Fla. 1st DCA 1991); section 440.02(8), Florida Statutes (1991). The question of

City of Hollywood v. Karl

643 So. 2d 34, 1994 WL 496891

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 1492935

Cited 1 times | Published

benefits for this mental or nervous injury. Section 440.02(1), Florida Statutes, provides that a "mental

City of Miami Beach v. Morantes

633 So. 2d 491, 1994 WL 59446

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 1296503

Cited 1 times | Published

application of the ruling in Grace. NOTES [1] Section 440.02(1), Florida Statutes (1987), provides in pertinent

Publix Super Markets, Inc. v. McGuire

629 So. 2d 862, 1993 WL 414674

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 1677159

Cited 1 times | Published

"arising out of and in the course of employment." § 440.02(17), Fla. Stat. (1991). Whether the required causation

Rodriguez v. Albertson's

614 So. 2d 678, 1993 WL 55640

District Court of Appeal of Florida | Filed: Mar 4, 1993 | Docket: 1509769

Cited 1 times | Published

medical improvement, which results from the injury." § 440.02(16), Fla. Stat. (1987). Clearly, the inability

Perkins v. A. Perkins Drywall

615 So. 2d 187, 1993 WL 53126

District Court of Appeal of Florida | Filed: Mar 2, 1993 | Docket: 1185051

Cited 1 times | Published

allowed the exemption of corporate officers. See section 440.02(12)(b), (12)(c), & (12)(d)(4), Florida Statutes

Keller Kitchen Cabinets v. Holder

586 So. 2d 1132, 1991 WL 151971

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1742554

Cited 1 times | Published

order." The term "compensation" is defined in section 440.02(6) as meaning "the money allowance payable

Holland v. Courtesy Corp.

569 So. 2d 780, 1990 Fla. App. LEXIS 7575, 1990 WL 146767

District Court of Appeal of Florida | Filed: Oct 8, 1990 | Docket: 1190898

Cited 1 times | Published

employee was receiving at the time of the injury." § 440.02(9), Fla. Stat. (1981).[1]See also G & W Wood Products

Bath v. Shee-Con, Inc.

560 So. 2d 1289, 1990 WL 52791

District Court of Appeal of Florida | Filed: Apr 25, 1990 | Docket: 1739521

Cited 1 times | Published

Compensation Act. This contention was erroneous. Section 440.02(13)(a), Florida Statutes (1983),[1] states

Lafave v. Bay Consol. Distributors

546 So. 2d 78, 1989 WL 72733

District Court of Appeal of Florida | Filed: Jun 30, 1989 | Docket: 1731024

Cited 1 times | Published

Board, 389 So.2d 1218 (Fla. 1st DCA 1980). Section 440.02(1), Florida Statutes, expressly provides that

Christian v. Greater Miami Academy

541 So. 2d 701, 1989 WL 27644

District Court of Appeal of Florida | Filed: Mar 28, 1989 | Docket: 1516500

Cited 1 times | Published

is temporarily disabled. MMI, as defined in Section 440.02(22), Florida Statutes (1981), "means the date

Tarver v. Evergreen Sod Farms, Inc.

533 So. 2d 765, 13 Fla. L. Weekly 674, 1988 Fla. LEXIS 1249, 1988 WL 123207

Supreme Court of Florida | Filed: Nov 17, 1988 | Docket: 1656507

Cited 1 times | Published

adoption is not "a legal adoption" as specified in section 440.02(5), Florida Statutes (1983), the Workers' Compensation

ANNA MARIA FIRE CONTROL DIST. v. Angell

528 So. 2d 456, 1988 WL 68080

District Court of Appeal of Florida | Filed: Jul 1, 1988 | Docket: 1717524

Cited 1 times | Published

insurance, nor was he an "employee" as defined by Section 440.02(2)(c), Florida Statutes (1979) (the term "employee"

Grimes v. Leon County School Bd.

518 So. 2d 327, 1987 WL 2665

District Court of Appeal of Florida | Filed: Dec 15, 1987 | Docket: 1777745

Cited 1 times | Published

" pursuant to Section 440.02(19), Florida Statutes (1961) (now renumbered Section 440.02(1), Florida Statutes

Morris v. CA Meyer Paving & Const.

516 So. 2d 302, 1987 WL 1911

District Court of Appeal of Florida | Filed: Dec 1, 1987 | Docket: 1266740

Cited 1 times | Published

percent. Permanent impairment is defined in section 440.02(16) as "any anatomic or functional abnormality

Hyatt Hotel v. Peterson

493 So. 2d 1063, 11 Fla. L. Weekly 1850

District Court of Appeal of Florida | Filed: Aug 22, 1986 | Docket: 1671748

Cited 1 times | Published

without including the value of such benefits. Section 440.02(21) Florida Statutes (1985) requires that in

Mobley v. Winter Park Memorial Hosp.

471 So. 2d 591, 10 Fla. L. Weekly 1430

District Court of Appeal of Florida | Filed: Jun 12, 1985 | Docket: 1724728

Cited 1 times | Published

record made in this case. Wages are defined in section 440.02(12), Florida Statutes (1981): `Wages' means

Vallina v. VICTOR FUEGO CONST. CO.

443 So. 2d 320

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 1458928

Cited 1 times | Published

Statutes.[1] However, appellant elected pursuant to § 440.02(2)(b), Florida Statutes, to be exempt from coverage

Wise v. EL Copeland Builders

435 So. 2d 339

District Court of Appeal of Florida | Filed: Jul 22, 1983 | Docket: 1328615

Cited 1 times | Published

illegitimate child dependent upon the deceased. ..." Section 440.02(13), Florida Statutes (1979). Before an illegitimate

State v. Campbell

417 So. 2d 1156

District Court of Appeal of Florida | Filed: Aug 13, 1982 | Docket: 1721965

Cited 1 times | Published

accident. Permanent impairment is defined in Section 440.02(21), Florida Statutes (1979) as "any anatomic

STATE, DEPT. OF TRANSP. v. Davis

416 So. 2d 1132

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 1655058

Cited 1 times | Published

mandated minimum "compensation," a term defined in § 440.02(11)[5] of the present Act. Because § 440.12(2)

Key v. Goley

402 So. 2d 80

District Court of Appeal of Florida | Filed: Aug 17, 1981 | Docket: 1691517

Cited 1 times | Published

440.05, is included in the term "employee". Section 440.02(2)(c), Fla. Stat. (1977). Notice that a partner

Tolvanen v. Eastern Air Lines

287 So. 2d 299

Supreme Court of Florida | Filed: Nov 14, 1973 | Docket: 1652943

Cited 1 times | Published

apportionment within the contemplation of F.S. Section 440.02(19), F.S.A., which was not applicable. In our

Jackson v. Nat Harrison Associates

283 So. 2d 27

Supreme Court of Florida | Filed: Jun 6, 1973 | Docket: 1743524

Cited 1 times | Published

injury. This decision is contrary to Fla. Stat. § 440.02(19), F.S.A., which declares that medical treatment

Jackson v. Nat Harrison Associates

283 So. 2d 27

Supreme Court of Florida | Filed: Jun 6, 1973 | Docket: 1743524

Cited 1 times | Published

injury. This decision is contrary to Fla. Stat. § 440.02(19), F.S.A., which declares that medical treatment

Colonial Restaurant Corp. v. State Department of Commerce

248 So. 2d 494, 1971 Fla. App. LEXIS 6524

District Court of Appeal of Florida | Filed: May 26, 1971 | Docket: 64520563

Cited 1 times | Published

for compensation”. Compensation is defined in Section 440.02(11) as “money allowance payable to an employee

Patrylo v. Nautilus Hotel

142 So. 2d 279

Supreme Court of Florida | Filed: Jun 13, 1962 | Docket: 1860552

Cited 1 times | Published

commissioner, however, grounded his award on Section 440.02(19), which covers the aggravation of a pre-existing

Patrylo v. Nautilus Hotel

142 So. 2d 279

Supreme Court of Florida | Filed: Jun 13, 1962 | Docket: 1860552

Cited 1 times | Published

commissioner, however, grounded his award on Section 440.02(19), which covers the aggravation of a pre-existing

Sherman v. Peoples Water & Gas Co.

138 So. 2d 745, 1962 Fla. LEXIS 3028

Supreme Court of Florida | Filed: Mar 7, 1962 | Docket: 60202348

Cited 1 times | Published

and leaves such employee to his remedy under section 440.02(19), Florida Statutes 1951, F.S.A. * * In this

Bienvenido v. Fontainebleau Hotel

128 So. 2d 1, 1961 Fla. LEXIS 2411

Supreme Court of Florida | Filed: Mar 22, 1961 | Docket: 60196956

Cited 1 times | Published

therefore binding. Our attention is directed to Section 440.-02(12), Florida Statutes, F.S.A., which reads

Tomberlin v. City of Miami

117 So. 2d 735

Supreme Court of Florida | Filed: Jan 29, 1960 | Docket: 60194225

Cited 1 times | Published

DREW, THORNAL and O’CONNELL, JJ., concur. . Section 440.02(8), F.S.A. See also Skrobick v. Pioneer Growers

Daniel Murphy v. Polk County Board of County Commissioners, and Commercial Risk Management

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258187

Published

rule upon.” § 440.192(2), Fla. Stat.; see also § 440.02(40), Fla. Stat. (defining “specificity” to mean

Michael Guglielmo v. State of Florida-DOC Zephyrhills C I/Division of Risk Management

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962102

Published

employee was receiving at the time of the injury.” § 440.02(13), Fla. Stat. (2021) (emphasis added). 5 The

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Supreme Court of Florida | Filed: Feb 11, 2021 | Docket: 59245136

Published

is synonymous with insolvency as defined by section 440.02, Florida Statutes. (2) Filing

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Supreme Court of Florida | Filed: Oct 29, 2020 | Docket: 18584684

Published

is synonymous with insolvency as defined by section 440.02, Florida Statutes. (2) Filing

Florida Workers' Compensation Joint Underwriting Association, Inc. v. American Residuals and Talent, Inc., d/b/a Art Payroll

District Court of Appeal of Florida | Filed: Oct 3, 2019 | Docket: 16289215

Published

FWCJUA’s claim that ART is not an employer under section 440.02(16)(a), Florida Statutes and to clarify the

Publix Risk Management and Publix Super Markets, Inc. v. Teresa Carter

District Court of Appeal of Florida | Filed: Jul 29, 2019 | Docket: 15979019

Published

15, Fla. Stat.). And “disability” is defined by § 440.02(13) as “incapacity because of the injury to earn

Teresita De Jesus Abreu v. Riverland Elementary School and Broward County etc.

District Court of Appeal of Florida | Filed: Jun 18, 2019 | Docket: 15788546

Published

must be proven by clear and convincing evidence); § 440.02(1), Fla. Stat. (exposure to toxic substance is

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14900239

Published

major contributing cause of the injury or death.” § 440.02(36), Fla. Stat.; accord Strother v. Morrison Cafeteria

William Kneer v. Lincare and Travelers Insurance

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865371

Published

injury due to fright or excitement only.” See § 440.02(19), Fla. Stat. (1968). And only those psychiatric

Kneer v. Lincare and Travelers Insurance

267 So. 3d 1077

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64710110

Published

injury due to fright or excitement only." See § 440.02(19), Fla. Stat. (1968). And only those psychiatric

Kneer v. Lincare and Travelers Insurance

267 So. 3d 1077

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64710109

Published

injury due to fright or excitement only." See § 440.02(19), Fla. Stat. (1968). And only those psychiatric

Crown Diversified Industries Corp. and Liberty Mutual etc. v. Eileen Prendiville

263 So. 3d 103

District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8379699

Published

set forth in sections 90.704 and 440.09(1). Section 440.02(1), Florida Statutes (2016), provides, in pertinent

Florida Workers' Compensation Joint Underwriting etc. et a v. American Residuals And Talent, Inc. etc.

District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379298

Published

law, because it is a “similar agent” under section 440.02(16)(a), Florida Statutes. Additionally, OIR

Charles Gladden v. Fisher Thomas, Inc., The Green etc.

District Court of Appeal of Florida | Filed: Nov 19, 2017 | Docket: 6226569

Published

be exempt from workers’ compensation 2 Section 440.02(9), Florida Statutes (2008), provides that

Arena Football League and Arena Football One, LLC v. Bryon Bishop

220 So. 3d 1243, 2017 WL 2438335, 2017 Fla. App. LEXIS 8126

District Court of Appeal of Florida | Filed: Jun 6, 2017 | Docket: 6069458

Published

not consider that injury. Nor do we consider section 440.02(17)(c)(3), Florida Statutes (2013), which excludes

Wood v. Clean Fuels of Indiana, Inc.

214 F. Supp. 3d 1265, 2016 WL 5791240, 2016 U.S. Dist. LEXIS 137550

District Court, M.D. Florida | Filed: Oct 4, 2016 | Docket: 64310852

Published

are employed by the same employer.” Fla. Stat. § 440.02(17)(b)(2) (emphasis added). Within this context

SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal – Corrected Opinion

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108655

Published

maximum medical improvement” is defined in section 440.02(10), Florida Statutes (2009), as “the date

Esad Babahmetovic v. Scan Design Florida Inc/ Zenith Insurance Company

176 So. 3d 1006

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991549

Published

the course and the scope of employmeht”), and § 440.02(36), Fla.- Stat. (2013) (defining “arising out

Cruz v. State, Department of Legal Affairs

189 So. 3d 145, 2015 Fla. App. LEXIS 12440, 2015 WL 4923576

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 60254463

Published

its head.' Specifically, under the text of section 440.02(10), an individual reaches MMI only when it

Esad Babahmetovic v. Scan Design Florida Inc/ Zenith Insurance Company

District Court of Appeal of Florida | Filed: May 3, 2015 | Docket: 2654140

Published

the course and the scope of employment”), and § 440.02(36), Fla. Stat. (2013) (defining “arising out

Santizo-Perez v. Genaro's Corp.

138 So. 3d 1148, 2014 WL 2041817, 2014 Fla. App. LEXIS 7596

District Court of Appeal of Florida | Filed: May 19, 2014 | Docket: 60240510

Published

arising out of and in the course of employment.” § 440.02(19), Fla. Stat. (2010). The Law also requires

Southeast Milk/Zurich North America v. Fisher

135 So. 3d 582, 2014 WL 1415204, 2014 Fla. App. LEXIS 5432

District Court of Appeal of Florida | Filed: Apr 14, 2014 | Docket: 60239711

Published

was terminated for ‘misconduct’ as defined by section 440.02(18).” This statement is not accurate, because

White v. State

134 So. 3d 1134, 2014 WL 847848, 2014 Fla. App. LEXIS 2968

District Court of Appeal of Florida | Filed: Mar 4, 2014 | Docket: 60239045

Published

in part as “existing after the date of [MMI].” § 440.02(22), Fla. Stat. (2011). There is no competent

Pasco County Sheriff's Office v. Shaffer

125 So. 3d 1051, 2013 WL 5744441, 2013 Fla. App. LEXIS 16979

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235649

Published

employee was receiving at the time of the injury.” § 440.02(13), Fla. Stat. (2011) (emphasis added). The JCC

K-C Electric Co. v. Walden

122 So. 3d 514, 2013 WL 5509115, 2013 Fla. App. LEXIS 15832

District Court of Appeal of Florida | Filed: Oct 7, 2013 | Docket: 60234722

Published

. and gratuities reported to the employer.... § 440.02(28), Fla. Stat. (2011). The phrase “and reported

Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management

122 So. 3d 440, 2013 WL 5302584, 2013 Fla. App. LEXIS 15084

District Court of Appeal of Florida | Filed: Sep 23, 2013 | Docket: 60234695

Published

improvement.’ ” Oswald, 710 So.2d at 98. (quoting § 440.02(19), Fla. Stat. (Supp.1994)). The underlying principle

Carroso v. State

129 So. 3d 374, 2013 WL 5224914, 2013 Fla. App. LEXIS 14797

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60237376

Published

worker’s preexisting injuries and conditions. See § 440.02(1), Fla. Stat. (2005) (explaining that benefits

Carroso v. State

129 So. 3d 374, 2013 WL 5224914, 2013 Fla. App. LEXIS 14797

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60237376

Published

worker’s preexisting injuries and conditions. See § 440.02(1), Fla. Stat. (2005) (explaining that benefits

Wood v. Southern Crane Service, Inc.

117 So. 3d 65, 2013 WL 2996166, 2013 Fla. App. LEXIS 9513

District Court of Appeal of Florida | Filed: Jun 18, 2013 | Docket: 60232752

Published

performed in the course and scope of employment.” Section 440.02(17)(b)2., Florida Statutes (2007), defines

Escambia County School District/Board v. Vickery-Orso

109 So. 3d 1242, 2013 WL 1316535, 2013 Fla. App. LEXIS 5442

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60229480

Published

together with includable fringe benefits under section 440.02(28), Florida Statutes. Subsequent litigation

Buttrick v. By the Sea Resorts, Inc.

108 So. 3d 658, 2013 WL 425877, 2013 Fla. App. LEXIS 1685

District Court of Appeal of Florida | Filed: Feb 5, 2013 | Docket: 60229192

Published

anticipated, based upon reasonable medical probability.” § 440.02(10), Fla. Stat. (2007). Whether MMI has been reached

Jenks v. Bynum Transport, Inc.

104 So. 3d 1217, 2012 WL 6554558, 2012 Fla. App. LEXIS 21613

District Court of Appeal of Florida | Filed: Dec 17, 2012 | Docket: 60227371

Published

was an “employee” as the term is defined in section 440.02(15)(a), Florida Statutes (2010), we reverse

Avery v. City of Coral Gables

100 So. 3d 749, 2012 Fla. App. LEXIS 19290, 2012 WL 5416208

District Court of Appeal of Florida | Filed: Nov 7, 2012 | Docket: 60225944

Published

anticipated, based upon reasonable medical probability.” § 440.02(8), Fla. Stat. (1989). Palliative care, awarded

Gomez Lawn Service, Inc. v. The Hartford

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

District Court of Appeal of Florida | Filed: Sep 28, 2012 | Docket: 60312234

Published

of chapter 440, as he is empowered to do by section 440.02(15)(b)l., Florida Statutes (2010). On July

Federal Express Corp. v. Lupo

77 So. 3d 899, 2012 Fla. App. LEXIS 968, 2012 WL 178367

District Court of Appeal of Florida | Filed: Jan 24, 2012 | Docket: 60304843

Published

section 440.09(l)(b) and the MCC provision in section 440.02(32) were both satisfied by claimant’s proof

Lovering v. Nickerson

72 So. 3d 780, 2011 Fla. App. LEXIS 13419, 2011 WL 3754660

District Court of Appeal of Florida | Filed: Aug 26, 2011 | Docket: 60303304

Published

the trial court found “through reading of Florida Statute 440.02(15)(c)(l) through (4), that the Legislature

HDV Construction Systems, Inc. v. Aragon

66 So. 3d 331, 2011 Fla. App. LEXIS 10042, 2011 WL 2535337

District Court of Appeal of Florida | Filed: Jun 28, 2011 | Docket: 60301868

Published

under the Florida Workers’ Compensation Law. See § 440.02(15)(a), Fla. Stat. (2007) (defining “employee”

Rush v. BELLSOUTH TELECOMMUNICATIONS, INC.

773 F. Supp. 2d 1261, 2011 U.S. Dist. LEXIS 15831, 2011 WL 691617

District Court, N.D. Florida | Filed: Feb 17, 2011 | Docket: 2341294

Published

injury by accident as defined under [Fla. Stat. § 440.02(1)]. Claimant's conditions are personal in nature

Spooner v. POMPYS TYPESETTING & PRINT & RISK ENTERPRISE MANAGEMENT

48 So. 3d 92, 2010 Fla. App. LEXIS 16151, 2010 WL 4159170

District Court of Appeal of Florida | Filed: Oct 25, 2010 | Docket: 2568234

Published

catastrophic under the definition provided by section 440.02(34)(f), Florida Statutes (1997). The JCC also

Paz v. A. Duda & Sons, Inc.

45 So. 3d 544, 2010 Fla. App. LEXIS 15536, 2010 WL 3984690

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 60296048

Published

causally related to his compen-sable injury. See § 440.02(38), Fla. Stat. (2002) (requiring application

Salinas v. C.A.T. Concrete, LLC

46 So. 3d 600, 2010 Fla. App. LEXIS 7022, 2010 WL 2024788

District Court of Appeal of Florida | Filed: May 21, 2010 | Docket: 2400676

Published

not reported “for federal income tax purposes.” § 440.02(28), Fla. Stat.; Fast Tract Framing, 994 So.2d

Reynolds v. CSR RINKER TRANSPORT

31 So. 3d 268, 2010 Fla. App. LEXIS 3862, 2010 WL 1076241

District Court of Appeal of Florida | Filed: Mar 25, 2010 | Docket: 1647582

Published

an "owner-operator" as that term is used in section 440.02(14)(d)4., Florida Statutes (2000), excepting

Carney v. SARASOTA COUNTY SHERIFF'S OFFICE

26 So. 3d 683, 2009 Fla. App. LEXIS 19500, 2009 WL 4800293

District Court of Appeal of Florida | Filed: Dec 15, 2009 | Docket: 1638583

Published

of the injury." § 440.02(13), Fla. Stat. (2007). "We have interpreted section 440.02(13) to mean that

Padilla v. Collins Contracting

22 So. 3d 124, 2009 Fla. App. LEXIS 16135, 2009 WL 3491034

District Court of Appeal of Florida | Filed: Oct 30, 2009 | Docket: 60267013

Published

section and the definition of specificity in section 440.02” before being filed with the OJCC. Accord Fla

Mullins v. 7-Eleven, Inc.

5 So. 3d 35, 2009 Fla. App. LEXIS 1172, 2009 WL 331011

District Court of Appeal of Florida | Filed: Feb 12, 2009 | Docket: 1202182

Published

rupture of a prosthetic device pursuant to section 440.02(19), Florida Statutes (2006), and, relying

Wilder v. City of Miami Beach

993 So. 2d 101, 2008 WL 4601232

District Court of Appeal of Florida | Filed: Oct 17, 2008 | Docket: 469391

Published

the statutory definition of wages, found in section 440.02(24), Florida Statutes (Supp. 1994), is "the

AMS STAFF LEASING, INC. v. Arreola

976 So. 2d 612, 2008 WL 244665

District Court of Appeal of Florida | Filed: Jan 31, 2008 | Docket: 1274371

Published

Rodriguez, 421 So.2d 701 (Fla. 1st DCA 1982); § 440.02(15)(a), Fla. Stat. (2005) (defining employee as

Barrocas v. Directv, Inc.

974 So. 2d 1127, 2008 WL 238618

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 1717919

Published

sustained under workers' compensation law. See § 440.02, Fla. Stat. (2006). Neither does Barrocas qualify

Twin City Roofing Construction Specialists, Inc. v. State, Dept. of Financial Services

969 So. 2d 563, 2007 Fla. App. LEXIS 18783, 2007 WL 4206636

District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 64853152

Published

who qualify as an “employee” as defined in section 440.02(15). That section defines an employee as anyone

DEPT. OF FINANCIAL v. MJ Versaggi Trust

952 So. 2d 583, 2007 WL 703561

District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 1703101

Published

compensation coverage for the Trust's employees. See id.; § 440.02(13)(a) (defining an employee). In addition to

Lemmer v. Urban Electrical, Inc.

947 So. 2d 1196, 2007 Fla. App. LEXIS 813, 2007 WL 173914

District Court of Appeal of Florida | Filed: Jan 25, 2007 | Docket: 64848772

Published

anticipated, based upon reasonable medical probability.” § 440.02(10), Fla. Stat. (2002). A finding of MMI is precluded

Rotstein v. Publix Supermarkets, Inc.

933 So. 2d 1256, 2006 Fla. App. LEXIS 12301, 2006 WL 2040381

District Court of Appeal of Florida | Filed: Jul 24, 2006 | Docket: 64845791

Published

included employer benefits, such as health insurance. § 440.02(21), Fla. Stat. (1987). Recognizing that section

Ficocelli v. Just Overlay, Inc.

932 So. 2d 1230, 2006 Fla. App. LEXIS 11512, 2006 WL 1888550

District Court of Appeal of Florida | Filed: Jul 11, 2006 | Docket: 64845678

Published

within the “construction industry” as defined in section 440.02(8), Florida Statutes (2004), and the rule promulgated

Osceola County School Board v. Boos

912 So. 2d 667, 2005 Fla. App. LEXIS 16142, 2005 WL 2493396

District Court of Appeal of Florida | Filed: Oct 11, 2005 | Docket: 64840652

Published

disability, with disability being defined at section 440.02(13), Florida Statutes, as an incapacity “to

Solsaa ex rel. Solsaa v. Werner Enterprises, Inc.

937 So. 2d 681, 2005 Fla. App. LEXIS 16159, 2005 WL 2493380

District Court of Appeal of Florida | Filed: Oct 11, 2005 | Docket: 64846702

Published

paid as required pursuant to chapter 440.5 See § 440.02(7), Fla. Stat. (2002). That did not happen here

Amendments to the Florida Rules of Appellate Procedure

894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 64836172

Published

is synonymous with insolvency as defined by section 440.02, Florida Statutes. (2) Filing Fee. (A) Authority

Harper v. Sebring International Raceway, Inc.

886 So. 2d 288, 2004 Fla. App. LEXIS 17041, 2004 WL 2533116

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 64834098

Published

JCC address the issue of medical causation. See § 440.02(35), Fla. Stat. (2002) (providing that an accidental

Terry v. Board of Trustees

885 So. 2d 916, 2004 Fla. App. LEXIS 14310, 2004 WL 2173337

District Court of Appeal of Florida | Filed: Sep 29, 2004 | Docket: 64833883

Published

distinct from “compensation.” Compare § 440.02(7) with § 440.02(28). Terry wants a comparison between

McCollough v. Bush

868 So. 2d 1271, 2004 Fla. App. LEXIS 3871, 2004 WL 587689

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 64829083

Published

based his decision on the following analysis. Section 440.02(15)(a), Florida Statutes (2002), defines an

Duval County School Board v. Golly

867 So. 2d 491, 2004 Fla. App. LEXIS 1967, 2004 WL 329334

District Court of Appeal of Florida | Filed: Feb 24, 2004 | Docket: 64828620

Published

the major contributing cause test required by section 440.02(32), Florida Statutes (Supp.1994). Id. at 277

James v. ARMSTRONG WORLD INDUSTRIES, INC.

864 So. 2d 1132, 2003 WL 23094733

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1426063

Published

naturally or unavoidably result from such injury." § 440.02(6), Fla. Stat. (1981). Section 440.14(1)(d) is

Bogdanova v. Royal Hanneford Circus

848 So. 2d 1163, 2003 Fla. App. LEXIS 5812, 2002 WL 32072392

District Court of Appeal of Florida | Filed: Apr 8, 2003 | Docket: 64823863

Published

classification as an IC under the criteria listed in section 440.02(14)(d)(l), Florida Statutes (1999). AFFIRMED

Kestel v. City of Cocoa

840 So. 2d 1141, 2003 Fla. App. LEXIS 4095, 2003 WL 1560198

District Court of Appeal of Florida | Filed: Mar 27, 2003 | Docket: 64821619

Published

aggravation *1144of the preexisting condition.” § 440.02(1), Fla. Stat. (Supp.1998). Because we reverse

Crawford v. Connors

840 So. 2d 1060, 2003 Fla. App. LEXIS 101, 2003 WL 57006

District Court of Appeal of Florida | Filed: Jan 8, 2003 | Docket: 64821586

Published

roles of the self-insurer and servicing agent. See § 440.02(28), Fla. Stat. (2001) (defining self-insurer);

Protegrity Services, Inc. v. Kourtakis

827 So. 2d 359, 2002 Fla. App. LEXIS 14295, 2002 WL 31203613

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 64817897

Published

either one of the specific injuries listed in section 440.02(37) or an injury which would qualify claimant

Allied Trucking of Florida, Inc. v. Lanza

826 So. 2d 1052, 2002 Fla. App. LEXIS 12683, 2002 WL 2001311

District Court of Appeal of Florida | Filed: Sep 3, 2002 | Docket: 64817735

Published

employee at the time of his injury. Pursuant to section 440.02(14)(c), Florida Statutes (1999), a sole proprietor

Amendments to Florida Rules of Appellate Procedure

827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

Supreme Court of Florida | Filed: Aug 29, 2002 | Docket: 64818042

Published

is synonymous with insolvency as defined by section 440.02, Florida Statutes. (2) Filing Fee. (A) Authority

Whitner v. Boulevard Tire Centers

812 So. 2d 592, 2002 Fla. App. LEXIS 4444, 2002 WL 500152

District Court of Appeal of Florida | Filed: Apr 4, 2002 | Docket: 64813908

Published

purposes of computing his AWW, are defined by section 440.02(27), Florida Statutes (2000) to include “employer

Lockheed Martin v. Grzegorczyk

813 So. 2d 227, 2002 Fla. App. LEXIS 4447, 2002 WL 500209

District Court of Appeal of Florida | Filed: Apr 4, 2002 | Docket: 64814144

Published

for purposes of computing AWW, pursuant to section 440.02(24), Florida Statutes (1997). We agree and

Pic 'N Save v. Parker

807 So. 2d 689, 2002 Fla. App. LEXIS 172, 2002 WL 46941

District Court of Appeal of Florida | Filed: Jan 15, 2002 | Docket: 64812586

Published

results from her compensable back injury. See § 440.02(17), Fla. Stat. (1994). Claimant’s position that

Smalbein v. Volusia County School Board

801 So. 2d 169, 2001 Fla. App. LEXIS 17030, 2001 WL 1516936

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 1744789

Published

claim" to mean a meritorious claim. Fla. Stat. § 440.02(6). Construing valid as compensable as urged by

Reaves v. United Parcel Service

792 So. 2d 688, 2001 Fla. App. LEXIS 12169, 2001 WL 987268

District Court of Appeal of Florida | Filed: Aug 30, 2001 | Docket: 64807735

Published

set forth in section 440.02(15)(b)2., Florida Statutes (1993).” Id. at 450. Section 440.02(15), Florida

Haynes v. World Color Press

794 So. 2d 674, 2001 Fla. App. LEXIS 11399, 2001 WL 910101

District Court of Appeal of Florida | Filed: Aug 14, 2001 | Docket: 64808445

Published

of injury in section 440.01(14) [renumbered section 440.02(17), Florida Statutes (1997) ] requiring it

Ramos v. Wal-Mart Store, 0817

789 So. 2d 1240, 2001 Fla. App. LEXIS 10383, 2001 WL 838407

District Court of Appeal of Florida | Filed: Jul 26, 2001 | Docket: 64806967

Published

2d 968, 969 (Fla. 1st DCA 1998)(noting that section 440.02(11) defines “disability” as the “incapacity

Capps v. Buena Vista Construction Co.

786 So. 2d 71, 2001 Fla. App. LEXIS 7033, 2001 WL 530539

District Court of Appeal of Florida | Filed: May 21, 2001 | Docket: 64805668

Published

these claims are precluded by the operation of section 440.02(1), Florida Statutes (1989), as construed in

Carpenter v. B & G Resort Properties, Ltd.

784 So. 2d 520, 2001 Fla. App. LEXIS 5250, 2001 WL 395357

District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 64805204

Published

appellees were not claimant’s employer under section 440.02(14), Florida Statutes (1996). We affirm. Claimant

Herrera v. Atlantic Interior Construction

772 So. 2d 587, 2000 Fla. App. LEXIS 15494, 2000 WL 1759855

District Court of Appeal of Florida | Filed: Dec 1, 2000 | Docket: 64802071

Published

the habitual use of alcohol.” He then applied section 440.02(1), Florida Statutes (1995), which, in pertinent

Amendments to the Florida Rules of Workers' Compensation Procedure

795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988

Published

and'is-exemptefrom EAO consideration under section 440-2.14_glorida Statutes. S, — Maximum-medical-improvement

Larry K. Meyer, P.A. v. Kimberly

765 So. 2d 951, 2000 Fla. App. LEXIS 11281, 2000 WL 1232997

District Court of Appeal of Florida | Filed: Sep 1, 2000 | Docket: 64799929

Published

not engaged in the construction industry. See § 440.02, Fla. Stat. (1995); Solomon v. Huddleston, 657

Chan's Surfside Saloon/Cox Ventures v. Provost

764 So. 2d 700, 2000 Fla. App. LEXIS 7153, 2000 WL 742196

District Court of Appeal of Florida | Filed: Jun 12, 2000 | Docket: 64799404

Published

after the date of maximum medical improvement.” § 440.02(19), Fla. Stat. (Supp.1994). We find no such proof

Walt Disney World Co. v. McCrea

754 So. 2d 196, 2000 Fla. App. LEXIS 4485, 2000 WL 380217

District Court of Appeal of Florida | Filed: Apr 17, 2000 | Docket: 64796165

Published

looked to the definition of “child” provided in section 440.02(5), Florida Statutes (1997), and found that

Goodman v. BFI of Florida, Inc.

755 So. 2d 191, 2000 Fla. App. LEXIS 4232, 2000 WL 369845

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64796619

Published

only a small role in causing his PTSD. Under section 440.02(1), Florida Statutes (1997), a psychological

Deen v. Quantum Resources, Inc.

750 So. 2d 616, 24 Fla. L. Weekly Supp. 489, 1999 Fla. LEXIS 1818, 1999 WL 965679

Supreme Court of Florida | Filed: Oct 21, 1999 | Docket: 64794710

Published

an exclusion from chapter 440 as provided in section 440.02(13)(d) 1.3 Rather, Deen was an employee of

Nordic Track v. Zimmerman

744 So. 2d 1121, 1999 Fla. App. LEXIS 13715, 1999 WL 932449

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 64792194

Published

of the federal Social Security Act....” See section 440.02(34)®, Florida Statutes (Supp.1994). This finding

Dixie v. Campbell

732 So. 2d 393, 1999 Fla. App. LEXIS 3317, 1999 WL 147319

District Court of Appeal of Florida | Filed: Mar 19, 1999 | Docket: 64788149

Published

disabled pursuant to section 440.15(l)(b) and section 440.02(34)(f), Florida Statutes (1995). Claimant’s

Smith v. Larry Rice Construction

730 So. 2d 336, 1999 Fla. App. LEXIS 2575, 1999 WL 122891

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64787501

Published

Cas-to Homes, Inc., the general contractor, that section 440.02(13)(d)(l), which provides that an independent

Ago

Florida Attorney General Reports | Filed: Feb 12, 1999 | Docket: 3255957

Published

Laws of Florida. 3 Section 440.02(14)(d)6., Fla. Stat. (1998 Supp.). 4 Section 440.02(15), Fla. Stat. (1998

McClung-Gagne v. HARBOUR CITY VOLUNTEER

721 So. 2d 799, 1998 Fla. App. LEXIS 15613, 1998 WL 852301

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1323373

Published

a governmental entity within the meaning of section 440.02(13)(d)3., Florida Statutes (1991),[1] and,

Reim v. Mulligan

722 So. 2d 241, 1998 Fla. App. LEXIS 15316, 1998 WL 846076

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 64784905

Published

director of the corporation at all material times. Section 440.02(14), Florida Statutes (1995), makes such a

Power Plant Maintenance v. Mercado

720 So. 2d 298, 1998 Fla. App. LEXIS 14168, 1998 WL 777065

District Court of Appeal of Florida | Filed: Nov 10, 1998 | Docket: 64784110

Published

him “for justifiable cause,” as required by section 440.02(22). She was apparently helping her daughter

Velasquez v. Malaja Construction, Inc.

720 So. 2d 302, 1998 Fla. App. LEXIS 14165, 1998 WL 777058

District Court of Appeal of Florida | Filed: Nov 10, 1998 | Docket: 64784112

Published

anticipated, based upon reasonable medical probability.” § 440.02(8), Fla. Stat. (1995). Ascertaining the exact

Polk County School Board v. Santana

718 So. 2d 932, 1998 Fla. App. LEXIS 12746, 1998 WL 681306

District Court of Appeal of Florida | Filed: Oct 5, 1998 | Docket: 64783417

Published

claimant’s injury is catastrophic as defined in section 440.02(34), Florida Statutes if there is proof of

Running W. Citrus Ltd. Partnership v. Raggs

716 So. 2d 839, 1998 Fla. App. LEXIS 11036, 1998 WL 546089

District Court of Appeal of Florida | Filed: Aug 31, 1998 | Docket: 64782472

Published

for the employee or the employee’s dependents.” § 440.02(24), Fla. Stat. (Supp.1994). Citrus and its workers’

Deen v. Quantum Resources, Inc.

713 So. 2d 1075, 1998 Fla. App. LEXIS 8166, 1998 WL 380516

District Court of Appeal of Florida | Filed: Jul 10, 1998 | Docket: 64781767

Published

agree that FP & L is a “carrier” as defined in section 440.02(3), Florida Statutes (1991), and has the benefit

Deen v. Quantum Resources, Inc.

713 So. 2d 1075, 1998 Fla. App. LEXIS 8166, 1998 WL 380516

District Court of Appeal of Florida | Filed: Jul 10, 1998 | Docket: 64781767

Published

agree that FP & L is a “carrier” as defined in section 440.02(3), Florida Statutes (1991), and has the benefit

Summers v. Blanton

712 So. 2d 411, 1998 Fla. App. LEXIS 5279, 1998 WL 236213

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 64781308

Published

exceeded the one-hundred dollar statutory limit. § 440.02(4), Fla. Stat. (1997). We affirm the order under

Corkery v. Best Wings of Cape Coral

707 So. 2d 884, 1998 Fla. App. LEXIS 2144, 1998 WL 93949

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 64779705

Published

defined by the Workers’ Compensation Law in section 440.02(24), Florida Statutes (1995). By petition for

Orange County School Board v. Muscanell

705 So. 2d 1026, 1998 Fla. App. LEXIS 1002, 1998 WL 44633

District Court of Appeal of Florida | Filed: Feb 6, 1998 | Docket: 64778833

Published

sick leave is in fact wages as defined by Fla. Stat. 440.02(24)(1994), as earned and reported (when paid

King v. Scotty's Distribution Center

699 So. 2d 308, 1997 Fla. App. LEXIS 10618, 1997 WL 574610

District Court of Appeal of Florida | Filed: Sep 18, 1997 | Docket: 64775861

Published

anticipated, based upon reasonable medical probability.” § 440.02(8), Fla. Stat. (1993). I am of the opinion that

King v. Scotty's Distribution Center

699 So. 2d 308, 1997 Fla. App. LEXIS 10618, 1997 WL 574610

District Court of Appeal of Florida | Filed: Sep 18, 1997 | Docket: 64775861

Published

anticipated, based upon reasonable medical probability.” § 440.02(8), Fla. Stat. (1993). I am of the opinion that

Hassler v. State Retirement Commission

698 So. 2d 897, 1997 Fla. App. LEXIS 10115, 1997 WL 529726

District Court of Appeal of Florida | Filed: Aug 29, 1997 | Docket: 64775565

Published

REMANDED. HARRIS and PETERSON, JJ., concur. . See § 440.02(19), Fla. Stat. (1995).

Bishop v. Baldwin Acoustical & Drywall

696 So. 2d 507, 1997 Fla. App. LEXIS 7716, 1997 WL 369754

District Court of Appeal of Florida | Filed: Jul 7, 1997 | Docket: 64774747

Published

legal question. “Disability” is defined in section 440.02(9), Florida Statutes (1988) as the incapacity

Harris Corp. v. Gary

695 So. 2d 800, 1997 Fla. App. LEXIS 5125, 1997 WL 243423

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64774303

Published

not have a catastrophic injury as defined in section 440.02(34), Florida Statutes (Supp.1994), and was

Murphy v. Northeast Drywall

692 So. 2d 918, 1997 Fla. App. LEXIS 2731, 1997 WL 131605

District Court of Appeal of Florida | Filed: Mar 25, 1997 | Docket: 64773083

Published

which remained unaffected by those changes. Section 440.02(19), Florida Statutes (1993), in effect at

Curry Industries v. Maringer

691 So. 2d 4, 1997 Fla. App. LEXIS 1030, 1997 WL 61022

District Court of Appeal of Florida | Filed: Feb 14, 1997 | Docket: 64772235

Published

1994), the amended definition of wages found in section 440.02(24), Florida Statutes (1993), sharply curtailed

City of Clearwater v. Kohout

678 So. 2d 487, 1996 Fla. App. LEXIS 8788, 1996 WL 466630

District Court of Appeal of Florida | Filed: Aug 19, 1996 | Docket: 64766740

Published

meets the legal criteria for inclusion under section 440.02(24), Florida Statutes, see University of Florida

Liberty Correctional Institute v. Yon

671 So. 2d 194, 1996 Fla. App. LEXIS 2324, 1996 WL 106516

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 64763688

Published

So.2d 794 (Fla.1956). However, pursuant to section 440.02(1), Florida Statutes (1985), a ‘mental or nervous

Baxter v. Hog Valley Volunteer Fire Department, Inc.

669 So. 2d 285, 1996 Fla. App. LEXIS 907, 1996 WL 50081

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 64762854

Published

Law contains a broad definition of “employee.” § 440.02(12), Fla.Stat. (1989). The pertinent provision

Proctor & Gamble Cellulose Co. v. Mann

667 So. 2d 338, 1995 WL 619885

District Court of Appeal of Florida | Filed: Oct 24, 1995 | Docket: 454562

Published

included within the definition of "employee" under section 440.02(13) by virtue of being an independent contractor

Denny's Restaurant v. Bell

659 So. 2d 1374, 1995 Fla. App. LEXIS 9544, 1995 WL 529193

District Court of Appeal of Florida | Filed: Sep 11, 1995 | Docket: 64758598

Published

contrary to the written reporting requirement in section 440.02(24), Florida Statutes (Supp.1990). We conclude

Merritt Manor Nursing Home v. Caldwell

667 So. 2d 265, 1995 Fla. App. LEXIS 9170, 1995 WL 511600

District Court of Appeal of Florida | Filed: Aug 31, 1995 | Docket: 64761934

Published

claimants with catastrophic injuries, as defined by section 440.02, Florida Statutes (Supp.1994), are eligible

Gustafson's Dairy, Inc. v. Phillips

656 So. 2d 1386, 1995 Fla. App. LEXIS 7697, 1995 WL 421034

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 64757480

Published

observed that “compensation” was defined only in section 440.02(6), Florida Statutes (1991), as follows: When

Solomon v. Huddleston

657 So. 2d 78, 1995 Fla. App. LEXIS 7539, 1995 WL 415436

District Court of Appeal of Florida | Filed: Jul 17, 1995 | Docket: 64757542

Published

Solomon employed Yvette Beltaire, Peggy, and Al. Section 440.02(15)(b)2, Florida Statutes, restricts coverage

Holder v. Waldrop

654 So. 2d 1059, 1995 Fla. App. LEXIS 5443, 1995 WL 307162

District Court of Appeal of Florida | Filed: May 22, 1995 | Docket: 64756214

Published

unavailing. While “claim” is not defined in section 440.02, the Definitions section of the statute, that

Mehrer v. Creative Hairdressers, Inc.

659 So. 2d 333, 1995 Fla. App. LEXIS 3188, 1995 WL 132333

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 1462579

Published

supported by competent substantial evidence. Section 440.02(24), Florida Statutes (1991), defines "wages"

Parker v. State

649 So. 2d 361, 1995 Fla. App. LEXIS 1143, 1995 WL 49270

District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 64753823

Published

from the statutory definition of employee by section 440.02(13)(d)3, Florida Statutes (1991). We conclude

Publix Super Markets, Inc. v. McGuire

650 So. 2d 151, 1995 Fla. App. LEXIS 862, 1995 WL 44467

District Court of Appeal of Florida | Filed: Feb 7, 1995 | Docket: 64754173

Published

arising out of and in the course of employment. Section 440.02(16), Florida Statutes (1989), defines “injury

Alpizar v. Total Image Beauty Salon

650 So. 2d 109, 1995 Fla. App. LEXIS 575, 1995 WL 33532

District Court of Appeal of Florida | Filed: Jan 31, 1995 | Docket: 64754166

Published

compensable injury, not a medical concept. See § 440.02(11), Florida Statutes (1991). Thus, injuries that

Escambia County Board of County Commissioners v. Reeder

648 So. 2d 222, 1994 Fla. App. LEXIS 12800, 1994 WL 722118

District Court of Appeal of Florida | Filed: Dec 23, 1994 | Docket: 64753235

Published

must be shown by competent substantial evidence. § 440.02(1) & (17), Fla. Stat. (1991) (defining “accident”

Pan American Hospital v. Fleitas

645 So. 2d 1033, 1994 Fla. App. LEXIS 10465

District Court of Appeal of Florida | Filed: Oct 28, 1994 | Docket: 64752339

Published

Pica-dilly Cafeteria, 573 So.2d 94 (Fla. 1st DCA 1991); § 440.02(8), Fla.Stat. (1991). Remedial treatment may not

Purvis v. United Parcel Service

643 So. 2d 1161, 1994 Fla. App. LEXIS 9660, 1994 WL 549475

District Court of Appeal of Florida | Filed: Oct 11, 1994 | Docket: 64751502

Published

the time of the injury.’ ” Id. at 925 (quoting § 440.02(10), Fla.Stat. (1989)). Similarly, in Delgado

Community Animal Hospital of Dade, Inc. v. Vargas

642 So. 2d 812, 1994 Fla. App. LEXIS 9039, 1994 WL 502878

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 64750884

Published

to apply the domestic servant exclusion of Section 440.-02(15)(e)l., Florida Statutes, and finding the

Jackson v. Landmark Learning Center

642 So. 2d 630, 1994 Fla. App. LEXIS 8804, 1994 WL 497329

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 64750833

Published

behalf of Jackson for health insurance benefits. § 440.02(23), Fla. Stat. (1989).1 The carrier’s claims

Brasington Cadillac-Oldsmobile v. Martin

641 So. 2d 442, 1994 Fla. App. LEXIS 7919, 1994 WL 416117

District Court of Appeal of Florida | Filed: Aug 11, 1994 | Docket: 64750393

Published

in the course of employment” for purposes of section 440.02(1) (defining “accident”) and (17) (defining

Blind v. It's a Bit Fishy, Inc.

639 So. 2d 703, 1994 Fla. App. LEXIS 7302, 1994 WL 382904

District Court of Appeal of Florida | Filed: Jul 25, 1994 | Docket: 64749650

Published

weeks preceding the accident. She argues that section 440.02(24), Florida Statutes (1991), which specifically

Furtick v. Shults

640 So. 2d 123, 1994 Fla. App. LEXIS 7293, 1994 WL 382840

District Court of Appeal of Florida | Filed: Jul 25, 1994 | Docket: 64749893

Published

Chapter 93 — 415, § 2, Laws of Florida, amended section 440.02(81) to provide a definition of “insolvent”

Thames v. Santa Rosa County Jail

639 So. 2d 95, 1994 Fla. App. LEXIS 5341, 1994 WL 241746

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 64749519

Published

claim was properly denied in accordance with section 440.02(1), Florida Statutes, as applied in City of

Rolemco Electrical Contracting v. Sellers

637 So. 2d 315, 1994 Fla. App. LEXIS 4960, 1994 WL 201551

District Court of Appeal of Florida | Filed: May 25, 1994 | Docket: 64748519

Published

“alcoholism” defense based upon the application of Section 440.02(1), Florida Statutes (1983).1 In the instant

Metropolitan Dade County v. Russell

637 So. 2d 69, 1994 Fla. App. LEXIS 4690, 1994 WL 190016

District Court of Appeal of Florida | Filed: May 18, 1994 | Docket: 64748404

Published

“in the course of employment” requirement of section 440.02(1), Florida Statutes (1989) (defining “accident”)

Nnonyelu v. Chili's, Inc.

632 So. 2d 691, 1994 Fla. App. LEXIS 1807, 1994 WL 57580

District Court of Appeal of Florida | Filed: Mar 1, 1994 | Docket: 64746582

Published

judge of compensation claims (JCC), applying section 440.02(24), Florida Statutes (Supp.1990), to deny

Courier v. Blair

632 So. 2d 164, 1994 Fla. App. LEXIS 838, 1994 WL 37035

District Court of Appeal of Florida | Filed: Feb 11, 1994 | Docket: 64746461

Published

recompensed under the contract of hiring....” § 440.02(24), Fla.Stat. (Supp.1990) (emphasis added). In

Jones v. Sunshine Cleaning Systems, Inc.

630 So. 2d 1252, 1994 Fla. App. LEXIS 592, 1994 WL 30318

District Court of Appeal of Florida | Filed: Feb 7, 1994 | Docket: 64746047

Published

appeals a workers’ compensation order applying Section 440.02(24), Florida Statutes (Supp.1990), and excluding

Ricketts v. Haynes

630 So. 2d 1232, 1994 Fla. App. LEXIS 336, 1994 WL 22577

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 64746027

Published

compensation law. The Workers’ Compensation Act in section 440.02(14), Florida Statutes (1991), defines an employer

Nowak v. YMCA South County

629 So. 2d 1083, 1994 Fla. App. LEXIS 56, 1994 WL 5227

District Court of Appeal of Florida | Filed: Jan 12, 1994 | Docket: 64745429

Published

as a permitted claim under the provisions of Section 440.02(24), Florida Statutes (Supp.1990), which purport

Mitton v. Rohrer Personnel

629 So. 2d 1002, 1993 Fla. App. LEXIS 13138, 1993 WL 534982

District Court of Appeal of Florida | Filed: Dec 29, 1993 | Docket: 64745397

Published

denied the claim due to the wage definition in section 440.02(24), Florida Statutes (Supp.1990). The recent

Ballard v. Morning Star Construction

629 So. 2d 322, 1993 Fla. App. LEXIS 12952, 1993 WL 533806

District Court of Appeal of Florida | Filed: Dec 28, 1993 | Docket: 64745037

Published

judge of compensation claims erred in applying section 440.02(24), Florida Statutes (Supp.1990), because

White v. Payroll Transfers

627 So. 2d 1344, 1993 Fla. App. LEXIS 13139, 1993 WL 533801

District Court of Appeal of Florida | Filed: Dec 28, 1993 | Docket: 64744709

Published

pursuant to section 440.-02(24), Florida Statutes (1991). Phillips argues that section 440.02(24) is unconstitutional

Van Nguyen v. Plastics International

629 So. 2d 310, 1993 Fla. App. LEXIS 12955, 1993 WL 533760

District Court of Appeal of Florida | Filed: Dec 28, 1993 | Docket: 64745033

Published

Claimant’s challenges to the constitutionality of section 440.02(24), Florida Statutes (Supp.1990), claiming

Professional Telephone Answering Service, Inc. v. Groce

632 So. 2d 609, 1993 Fla. App. LEXIS 12327, 1993 WL 523957

District Court of Appeal of Florida | Filed: Dec 17, 1993 | Docket: 64746558

Published

physical injury, only a mental or nervous one. Section 440.-02(1) excludes “[a] mental or nervous injury due

Luttrell v. Roger Holler Chevrolet

625 So. 2d 921, 1993 WL 408225

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 1517600

Published

employee was receiving at the time of the injury." Section 440.02(10), Fla. Stat. (1989). As the supreme court

Live Oak Manor v. Miller

625 So. 2d 898, 1993 Fla. App. LEXIS 10337, 1993 WL 405170

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 64743566

Published

actual cost to the employer as required by section 440.02(24), Florida Statutes (1989). Upon remand,

Wood v. Dort

625 So. 2d 42, 1993 Fla. App. LEXIS 9469, 1993 WL 366878

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 64743298

Published

employee was receiving at the time of the injury.” § 440.02(9), Fla.Stat.; Fegles Power Company v. Baggett

Eastern Airlines, Inc. v. Michaelis

619 So. 2d 383, 1993 Fla. App. LEXIS 5885, 1993 WL 177939

District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 64696595

Published

this benefit. Hence, I respectfully dissent. Section 440.02(21), Florida Statutes (1987) values a fringe

Pishotta v. Pishotta Tile & Marble, Inc.

613 So. 2d 1373, 1993 Fla. App. LEXIS 2083, 1993 WL 39622

District Court of Appeal of Florida | Filed: Feb 18, 1993 | Docket: 64694378

Published

the 13 weeks preceding the injury. In turn, section 440.02(21) defines “wages” as “the money rate at which

Rodriguez v. Prestress Decking Corp.

611 So. 2d 59, 1992 Fla. App. LEXIS 13343, 1992 WL 385372

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 64693134

Published

based on the age restriction listed in section § 440.02(5), Florida Statutes, as applied to section 440

Espinal v. Victor Herrera Drywall Stockers, Inc.

610 So. 2d 660, 1992 Fla. App. LEXIS 12779, 1992 WL 371361

District Court of Appeal of Florida | Filed: Dec 16, 1992 | Docket: 64692841

Published

anticipated, based upon reasonable medical probability.” § 440.02(8), Fla.Stat. (1989). In opining that claimant

Egan v. Florida Atlantic University

610 So. 2d 585, 1992 Fla. App. LEXIS 12508, 1992 WL 362201

District Court of Appeal of Florida | Filed: Dec 10, 1992 | Docket: 64692819

Published

parties dispute the effect of an amendment to section 440.02(1), Florida Statutes (1990), by which the word

City of Miami v. McLean

605 So. 2d 953, 1992 Fla. App. LEXIS 10348, 1992 WL 240615

District Court of Appeal of Florida | Filed: Sep 30, 1992 | Docket: 64670115

Published

an employee as provided for in Chapter 440. Section 440.-02(11), Florida Statutes (1975). As noted in Burnett

City of Miami v. Arostegui

606 So. 2d 1192, 1992 Fla. App. LEXIS 10164, 1992 WL 235325

District Court of Appeal of Florida | Filed: Sep 23, 1992 | Docket: 64670902

Published

employee as pro*1194vided for in Chapter 440. Section 440.-02(11), Florida Statutes (1975). As noted in Burnett

Wright v. Tarmac Florida, Inc.

603 So. 2d 1340, 1992 Fla. App. LEXIS 8973, 1992 WL 191331

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669402

Published

sufficient to constitute an accident under section 440.-02(1), Florida Statutes (1989). See Slater v.

Whiskey Creek Country Club v. Rizer

599 So. 2d 734, 1992 Fla. App. LEXIS 6210, 1992 WL 114688

District Court of Appeal of Florida | Filed: Jun 2, 1992 | Docket: 64667735

Published

his dependents as provided in this chapter.” § 440.-02(6), Fla.Stat. (1989).

Ago

Florida Attorney General Reports | Filed: May 8, 1992 | Docket: 3257734

Published

and reenacted in Ch. 91-1, Laws of Florida. 5 Section 440.02(17), F.S. 6 See, Pedersen v. Green, 105 So

Nationwide Insurance v. McGee

597 So. 2d 357, 1992 Fla. App. LEXIS 4230, 1992 WL 74907

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 64666757

Published

evidence in the record to support such a finding.) Section 440.02(1), Florida Statutes (1989), states that “[a]

Nationwide Insurance v. McGee

597 So. 2d 357, 1992 Fla. App. LEXIS 4230, 1992 WL 74907

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 64666757

Published

evidence in the record to support such a finding.) Section 440.02(1), Florida Statutes (1989), states that “[a]

Special Disability Trust Fund v. Stephens

595 So. 2d 206, 1992 Fla. App. LEXIS 1857

District Court of Appeal of Florida | Filed: Feb 27, 1992 | Docket: 64665843

Published

dependents as provided for in this chapter.” Section 440.02(6), Florida Statutes (1983). As Judge of Compensation

Buncy v. Certified Grocers

592 So. 2d 336, 1992 Fla. App. LEXIS 111, 1992 WL 848

District Court of Appeal of Florida | Filed: Jan 6, 1992 | Docket: 64664550

Published

coverage under the Workers’ Compensation Act, see § 440.-02(13)(d)l, Fla.Stat. (1989), earnings as an independent

Hopkins v. State, Department of Transportation

596 So. 2d 680, 1991 Fla. App. LEXIS 12883, 1991 WL 279411

District Court of Appeal of Florida | Filed: Dec 26, 1991 | Docket: 64666526

Published

and was therefore not includable in the AWW. Section 440.-02(ll)(d)l, Florida Statutes (1988 Supp.), excludes

Crews v. Department of Transportation

591 So. 2d 291, 1991 Fla. App. LEXIS 12222, 1991 WL 257734

District Court of Appeal of Florida | Filed: Dec 9, 1991 | Docket: 64664230

Published

finding the definition of “spouse” contained in section 440.-02(19), Florida Statutes, to require that the

Copytronics v. Lemon

588 So. 2d 23, 1991 Fla. App. LEXIS 10409, 1991 WL 210480

District Court of Appeal of Florida | Filed: Oct 21, 1991 | Docket: 64662542

Published

and in the course of claimant’s employment. Section 440.02(16); Fla.Stat. (1989). The evidence showed

Dobbins v. Weber

585 So. 2d 1143, 1991 Fla. App. LEXIS 9150, 1991 WL 181515

District Court of Appeal of Florida | Filed: Sep 18, 1991 | Docket: 64661605

Published

the supreme court’s strict construction of section 440.02 helpful in resolving the narrow issue before

Milmir Construction v. Smith

582 So. 2d 52, 1991 Fla. App. LEXIS 5577, 1991 WL 103460

District Court of Appeal of Florida | Filed: Jun 13, 1991 | Docket: 64659969

Published

preexisting alcoholism. Determinative here is Section 440.02(1), Florida Statutes, which provides in pertinent

Wallace v. Post, Buckley, Schuh & Jernigan, Inc.

579 So. 2d 397, 1991 Fla. App. LEXIS 5240, 1991 WL 82534

District Court of Appeal of Florida | Filed: May 21, 1991 | Docket: 64658682

Published

definition of construction design professional, § 440.02(25), Fla. Stat. (1989), and as its contractual

Wallace v. Post, Buckley, Schuh & Jernigan, Inc.

579 So. 2d 397, 1991 Fla. App. LEXIS 5240, 1991 WL 82534

District Court of Appeal of Florida | Filed: May 21, 1991 | Docket: 64658682

Published

definition of construction design professional, § 440.02(25), Fla. Stat. (1989), and as its contractual

Lawrence v. O.B. Cannon & Sons, Inc.

579 So. 2d 812, 1991 Fla. App. LEXIS 4401, 1991 WL 75559

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 64658799

Published

employee was receiving at the time of injury,” Section 440.02(9), Florida Statutes, the judge should have

UNIVERSITY OF MIAMI MED. SCHOOL v. Singleton

582 So. 2d 1182, 1990 WL 205437

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 1363197

Published

Fla. Stat. (TTD based on percentage of AWW); § 440.02(23) ("wages" means money rate and any other consideration

Sibley v. Adjustco, Inc.

573 So. 2d 353, 1990 Fla. App. LEXIS 9181, 1990 WL 195824

District Court of Appeal of Florida | Filed: Dec 7, 1990 | Docket: 64655930

Published

“individual, partnership, association, or cor-poration_” § 440.02(17), Fla.Stat. (1987). There can be no doubt that

City of Holmes Beach v. Grace

570 So. 2d 1011, 1990 Fla. App. LEXIS 8097, 1990 WL 157759

District Court of Appeal of Florida | Filed: Oct 16, 1990 | Docket: 64654780

Published

this is essentially a “fright” case and that section 440.02(1), Florida Statutes (1985), defining “accident”

Glassford v. Glassford

568 So. 2d 89, 1990 Fla. App. LEXIS 8003, 1990 WL 154733

District Court of Appeal of Florida | Filed: Oct 11, 1990 | Docket: 64653754

Published

injury or disease can be reasonably expected. Section 440.02(7), Florida Statutes (1985), Cheuvront v. File

Consolidated Freightways v. Moore

561 So. 2d 1346, 1990 Fla. App. LEXIS 3986, 1990 WL 72518

District Court of Appeal of Florida | Filed: Jun 1, 1990 | Docket: 64650842

Published

employer and claimant. The 1987 amendment to section 440.02(21) includes in the definition of “wages” “any

Theis v. City of Miami

564 So. 2d 117, 15 Fla. L. Weekly Supp. 315, 1990 Fla. LEXIS 741, 1990 WL 74592

Supreme Court of Florida | Filed: May 31, 1990 | Docket: 64651597

Published

importance: Whether the definition of “child” in section 440.02(5), Florida Statutes (1987), and Florida’s

Gill v. U.S. Agri-Chemicals

561 So. 2d 371, 1990 Fla. App. LEXIS 3083, 1990 WL 57801

District Court of Appeal of Florida | Filed: May 7, 1990 | Docket: 64650648

Published

state employment which is covered pursuant to section 440.-02(14)(b), Florida Statutes. While Atkins v. State

Fegles Power Co. v. Baggett

560 So. 2d 1330, 1990 Fla. App. LEXIS 3095, 1990 WL 57795

District Court of Appeal of Florida | Filed: May 3, 1990 | Docket: 64650361

Published

will discuss only the apportionment issue. Section 440.02(18), Florida Statutes (1980), provides in relevant

Bedsole v. Hancock-Hazlett Construction

559 So. 2d 639, 1990 Fla. App. LEXIS 1351, 1990 WL 19943

District Court of Appeal of Florida | Filed: Mar 5, 1990 | Docket: 64649605

Published

filing notice as provided in section 440.05. Section 440.-02(ll)(c), F.S. (1985).1 In such a case, a sole

Sears Commercial Sales v. Davis

559 So. 2d 237, 1990 Fla. App. LEXIS 1366, 1990 WL 19951

District Court of Appeal of Florida | Filed: Mar 5, 1990 | Docket: 64649477

Published

check did constitute “wages” as defined in section 440.02(21), Florida Statutes, and that the amount

Bell Brokerage Co. v. Quintero

556 So. 2d 793, 1990 Fla. App. LEXIS 777, 1990 WL 10894

District Court of Appeal of Florida | Filed: Feb 9, 1990 | Docket: 64648067

Published

employer in order to qualify as “wages” under Section 440.02(21), Florida Statutes (1987). Delong v. 3015

LeBlanc v. Harmon Contract Glazing

548 So. 2d 815, 14 Fla. L. Weekly 2105, 1989 Fla. App. LEXIS 4990, 1989 WL 104004

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 64644824

Published

calculation of an employee’s average weekly wage. See section 440.02(21), Fla.Stat.; Constanzer v. Sta Rite, 432

Cheuvront v. File One Office Supplies

551 So. 2d 1221, 14 Fla. L. Weekly 2107, 1989 Fla. App. LEXIS 5046, 1989 WL 104002

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 64646117

Published

injury or disease can be reasonably expected. Section 440.02(7); Kirkland v. Harold Pratt Paving, Inc.,

Swartout v. Lewis & Associates Development Corp.

548 So. 2d 804, 14 Fla. L. Weekly 2089, 1989 Fla. App. LEXIS 5055, 1989 WL 103998

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 64644823

Published

who had affirmatively elected, pursuant to Section 440.-02(ll)(b), to be exempt from coverage under the

Polk County School Board v. Cobbett

547 So. 2d 991, 14 Fla. L. Weekly 1846, 1989 Fla. App. LEXIS 4485, 1989 WL 87551

District Court of Appeal of Florida | Filed: Aug 4, 1989 | Docket: 64644453

Published

ex*992tent that the employee’s rights have vested ” Section 440.02(21), Fla.Stat. (1987). “The general rule with

Anello v. Friendship Village Convalescent Home

546 So. 2d 1119, 14 Fla. L. Weekly 1599, 1989 Fla. App. LEXIS 3096, 1989 WL 80722

District Court of Appeal of Florida | Filed: Jul 7, 1989 | Docket: 64643917

Published

87-330, section 1, Laws of Fla., which changed section 440.02(21), Fla.Stat. in pertinent part to read: "In

Seals v. United States

714 F. Supp. 1194, 1989 U.S. Dist. LEXIS 6747, 1989 WL 65060

District Court, S.D. Florida | Filed: Jun 7, 1989 | Docket: 66179209

Published

person carrying on any employment.” Fla.Stat.Ann. § 440.02(4). Statutory employers are contractors who “sublet

Theis v. City of Miami

545 So. 2d 357, 14 Fla. L. Weekly 1260, 1989 Fla. App. LEXIS 2940, 1989 WL 52827

District Court of Appeal of Florida | Filed: May 23, 1989 | Docket: 64643266

Published

argues that the deputy erred in ruling that Section 440.02(5), Florida Statutes (1987), requires that

Spenco Industries v. Molano

537 So. 2d 1016, 13 Fla. L. Weekly 2540, 1988 Fla. App. LEXIS 5066, 1988 WL 122613

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 64640161

Published

deputy erred in finding the 1987 amendment to Section 440.02(21), Florida Statutes, is substantive in nature

Louis v. Louis's Amoco

534 So. 2d 417, 13 Fla. L. Weekly 2157, 1988 Fla. App. LEXIS 4100, 1988 WL 94263

District Court of Appeal of Florida | Filed: Sep 15, 1988 | Docket: 64638761

Published

and there was no dispute as to the facts. Section 440.02(14), Florida Statutes (1987), defines an “injury”

Canal Insurance Co. v. Express Movers, Inc.

517 So. 2d 96, 1987 Fla. App. LEXIS 11649, 1987 WL 3159

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 64631642

Published

PER CURIAM. Affirmed. See § 440.02(ll)(d), Fla.Stat. (1985); Strickland v. Progressive Am. Ins. Co.

Bordo Citrus Products v. Tedder

518 So. 2d 367, 13 Fla. L. Weekly 16, 1987 Fla. App. LEXIS 11740, 1987 WL 3188

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 64631982

Published

is to the contrary. “Accident” is defined in section 440.02(1) to mean “only an unexpected or unusual event

Florida Insurance Guaranty Ass'n v. Valez

514 So. 2d 395, 12 Fla. L. Weekly 2442, 1987 Fla. App. LEXIS 10687

District Court of Appeal of Florida | Filed: Oct 20, 1987 | Docket: 64630450

Published

medical improvement, which results from the injury.” § 440.02(21), Fla.Stat. Disability, on the other hand,

Sam Bloom Plumbing Co. v. Boykin

513 So. 2d 193, 12 Fla. L. Weekly 2203, 1987 Fla. App. LEXIS 12171

District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 64629769

Published

opinion. SMITH, C.J., and MILLS, J., concur. . Section 440.02(13), Florida Statutes (1979), provides in pertinent

Special Disability Trust Fund v. Martin Marietta Corp.

512 So. 2d 1036, 12 Fla. L. Weekly 2130, 1987 Fla. App. LEXIS 10123

District Court of Appeal of Florida | Filed: Sep 3, 1987 | Docket: 64629599

Published

definition of permanent impairment found in Section 440.02(16), Florida Statutes, the Fund contends that

Armellini Express Lines, Inc. v. Special Disability Trust Fund

512 So. 2d 253, 12 Fla. L. Weekly 2031, 1987 Fla. App. LEXIS 9948

District Court of Appeal of Florida | Filed: Aug 19, 1987 | Docket: 64629261

Published

e/c rely on the definition of “accident” in section 440.02(1), Florida *255Statutes (1983): “an unexpected

Florida Power & Light Co. v. Huwer

508 So. 2d 489, 12 Fla. L. Weekly 1431, 1987 Fla. App. LEXIS 8750

District Court of Appeal of Florida | Filed: Jun 9, 1987 | Docket: 64627814

Published

excluded from protection of the Act under Section 440.-02(2)(d)(1), Florida Statutes (1981). Huwer was

State, Department of Public Health, Division of Risk Management v. Wilcox

504 So. 2d 444, 12 Fla. L. Weekly 665, 1987 Fla. App. LEXIS 7118

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 64625992

Published

v. State Rd. Dept., 171 So.2d 523 (Fla.1965); § 440.02, Fla.Stat. (1985); see Parker v. Hill, 72 So.2d

Brown v. Lineberger

496 So. 2d 966, 11 Fla. L. Weekly 2288

District Court of Appeal of Florida | Filed: Oct 31, 1986 | Docket: 470808

Published

independent contractor or a domestic servant. Section 440.02(13)(c)1, Florida Statutes, excludes domestic

Anstead v. Cox Broadcasting

500 So. 2d 197, 11 Fla. L. Weekly 1974, 1986 Fla. App. LEXIS 9655

District Court of Appeal of Florida | Filed: Sep 16, 1986 | Docket: 64624097

Published

under the Workers’ Compensation Law.1 See Section 440.-02(13)(c)2. *201In the ease at bar, the employee

Blue Cross & Blue Shield of Florida v. Greater Miami Hebrew Academy

484 So. 2d 64, 11 Fla. L. Weekly 547, 1986 Fla. App. LEXIS 6696

District Court of Appeal of Florida | Filed: Mar 3, 1986 | Docket: 64617722

Published

such controversy....” (emphasis supplied). Section 440.02(7)(a), Florida Statutes (1979) defines “carrier

Department of Transportation v. Charles

481 So. 2d 69, 1985 Fla. App. LEXIS 6041, 11 Fla. L. Weekly 74

District Court of Appeal of Florida | Filed: Dec 30, 1985 | Docket: 64616574

Published

latter referenced agency being clearly defined in § 440.-02(10), Florida Statutes, as “the Division of Workers’

Florida Medical Center v. Grassi

481 So. 2d 504, 10 Fla. L. Weekly 2768, 1985 Fla. App. LEXIS 17338

District Court of Appeal of Florida | Filed: Dec 16, 1985 | Docket: 64616628

Published

awards to Frank and Michael are precluded by Section 440.02(5) Florida Statutes (1983), which provides:

Flagship National Bank of Broward County v. Hinkle

479 So. 2d 828, 10 Fla. L. Weekly 2760, 1985 Fla. App. LEXIS 17297

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 64616058

Published

2d 289 (Fla. 1st DCA 1981). Prior to 1979, section 440.-02(18), defining “accident,” provided in part

Interstate Industrial Park v. Afterdeck Restaurant

478 So. 2d 852, 10 Fla. L. Weekly 2501, 1985 Fla. App. LEXIS 16687

District Court of Appeal of Florida | Filed: Nov 8, 1985 | Docket: 64615605

Published

“casual employee” is simply not presented. Section 440.-02(2)(d), Florida Statutes (1981), provides that

Special Disability Trust v. Lakeland Const.

478 So. 2d 391

District Court of Appeal of Florida | Filed: Oct 29, 1985 | Docket: 1484549

Published

substantially greater disability. [Emphasis added.] Section 440.02(18) defines "accident" as follows: "Accident"

McGarity v. Merit Electric Co.

478 So. 2d 1074, 10 Fla. L. Weekly 1925, 1985 Fla. App. LEXIS 15211

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 64615713

Published

anomaly as set forth in Section 440.02(18), Flor*1075ida Statutes, formerly Section 440.02(19), Florida Statutes

McGarity v. Merit Electric Co.

473 So. 2d 836, 1985 Fla. App. LEXIS 22159

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 64613524

Published

anomaly as set forth in Section 440.02(18), Florida Statutes, formerly Section 440.02(19), Florida Statutes

Southern Rack & Ladder, Inc. v. Sexton

474 So. 2d 847, 10 Fla. L. Weekly 1889, 1985 Fla. App. LEXIS 15489

District Court of Appeal of Florida | Filed: Aug 8, 1985 | Docket: 64613795

Published

excluded or exempted” from coverage. Insofar as § 440.-02 is written without limitation, it would appear

Imperial Bird Co. v. Beyer

472 So. 2d 877, 10 Fla. L. Weekly 1751, 1985 Fla. App. LEXIS 14500

District Court of Appeal of Florida | Filed: Jul 18, 1985 | Docket: 64613150

Published

claimant’s average weekly wage, in accordance with § 440.02(12), Florida Statutes. Arguing that birds are

Klase v. Wendy's Old Fashioned Hamburgers

466 So. 2d 441, 10 Fla. L. Weekly 896, 1985 Fla. App. LEXIS 13315

District Court of Appeal of Florida | Filed: Apr 9, 1985 | Docket: 64610969

Published

mandated minimum ‘compensation,’ a term defined in § 440.02(11) of the present Act.” On Motion for Clarification

Vanvoorst v. Ruble Trucking Co.

456 So. 2d 1289, 9 Fla. L. Weekly 2103, 1984 Fla. App. LEXIS 15256

District Court of Appeal of Florida | Filed: Oct 2, 1984 | Docket: 64607232

Published

440.02(2)(b) and 440.05, Flor-ida Statutes. Section 440.02(2)(d)4 establishes that, in the context of

Smith v. Sunland Training Center

455 So. 2d 1088, 9 Fla. L. Weekly 1980, 1984 Fla. App. LEXIS 14979

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 64606803

Published

benefit by the employer. Wages are defined in section 440.-02(12) to include “the reasonable value of board

Amoco Container Co. v. Aviles

453 So. 2d 894, 9 Fla. L. Weekly 1709, 1984 Fla. App. LEXIS 14482

District Court of Appeal of Florida | Filed: Aug 7, 1984 | Docket: 64606233

Published

condition, reversal would be required under section 440.02(18), Florida Statutes. This, however, is not

Lakeland Highlands Construction Co. v. Casey

450 So. 2d 310, 1984 Fla. App. LEXIS 13346

District Court of Appeal of Florida | Filed: May 18, 1984 | Docket: 64604859

Published

deputy commissioner is correct in this ease. Section 440.02(13), Florida Statutes (1981) divides the classification

Lee v. Casablanca Restaurant

447 So. 2d 951, 1984 Fla. App. LEXIS 12241

District Court of Appeal of Florida | Filed: Mar 14, 1984 | Docket: 64603841

Published

not believe we can approve his conclusion that § 440.02(2)(d)b, Florida Statutes, can be disregarded in

State, Department of Agriculture v. Hinote

442 So. 2d 297, 1983 Fla. App. LEXIS 24460

District Court of Appeal of Florida | Filed: Dec 1, 1983 | Docket: 64601486

Published

preexisting disease or anomaly” within the meaning of section 440.02(18). That statute requires apportionment, only

McKinney v. Edward J. Gerrits, Inc.

433 So. 2d 1255, 1983 Fla. App. LEXIS 19733

District Court of Appeal of Florida | Filed: Jun 23, 1983 | Docket: 64598065

Published

reasonable attorney’s fee .... Id. (emphasis added). Section 440.02(11), Florida Statutes (1978), defines “compensation”

Binimelis ex rel. Binimelis v. M.E.F. International Corp.

424 So. 2d 941, 1983 Fla. App. LEXIS 18433

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 64594528

Published

meets the definition of compensation set out in Section 440.02(11), Florida Statutes (1979),5 and therefore

Hopkins v. E-Systems, Commercial Division

423 So. 2d 981, 1982 Fla. App. LEXIS 21904

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 64594091

Published

does not define the term “spouse” except in Section 440.02(15): (15) The term “spouse” includes only a

Hopkins v. E-Systems, Commercial Division

423 So. 2d 981, 1982 Fla. App. LEXIS 21904

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 64594091

Published

does not define the term “spouse” except in Section 440.02(15): (15) The term “spouse” includes only a

Ravenswood-Griffin Volunteer Fire Department v. Newman

422 So. 2d 321, 1982 Fla. App. LEXIS 21036

District Court of Appeal of Florida | Filed: Aug 31, 1982 | Docket: 64593533

Published

was not excluded from employee status under Section 440.02(2)(c), Florida Statutes. Appellants further

Bryant v. Refrigerated Transport Co.

418 So. 2d 281, 1982 Fla. App. LEXIS 20443

District Court of Appeal of Florida | Filed: Jul 2, 1982 | Docket: 64591753

Published

employees of D & K at the time of the accident. § 440.02, Fla.Stat. (1979). Accordingly, the summary judgments

Miller v. Ben's Service Station, Inc.

417 So. 2d 266, 1982 Fla. App. LEXIS 19974

District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 64591353

Published

Industrial Commission, 174 So.2d 404 (Fla.1965); Section 440.02(12), Florida Statutes (1975). Having found

Stuart v. Jones

413 So. 2d 819, 1982 Fla. App. LEXIS 19932

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 64589846

Published

Act under the agricultural labor provision of section 440.02, Florida Statutes (1977). See Miranda v. Southern

Ago

Florida Attorney General Reports | Filed: Apr 30, 1982 | Docket: 3256466

Published

circumstance or employment. Question One (A) Section 440.02(1)(b), F.S., defines the term `employment'

State, Department of Corrections v. Tharpe

413 So. 2d 159, 1982 Fla. App. LEXIS 19873

District Court of Appeal of Florida | Filed: Apr 29, 1982 | Docket: 64589624

Published

claimant’s part-time employment is classified under Section 440.02(l)(c)2., Florida Statutes (1979), as “agricultural

Heine v. J. M. Fields, Inc.

413 So. 2d 164, 1982 Fla. App. LEXIS 19878

District Court of Appeal of Florida | Filed: Apr 29, 1982 | Docket: 64589627

Published

Compensation Act are subject to apportionment under section 440.02(18), Florida Statutes (1975). However, after

Flor-A-Crete Industries, Inc. v. Drake

409 So. 2d 1196, 1982 Fla. App. LEXIS 19235

District Court of Appeal of Florida | Filed: Feb 18, 1982 | Docket: 64587998

Published

apportionment pursuant to Florida Statutes, Section 440.02(18) (1978 Supp.). On the other hand, lack of

Kemp v. Miami Quality Concrete Co.

410 So. 2d 199, 1982 Fla. App. LEXIS 19242

District Court of Appeal of Florida | Filed: Feb 18, 1982 | Docket: 64588106

Published

properly disregarded by the deputy. American Uniform; § 440.02(2)(d)1. But claimant does not now contend that

Fellows, Read & Weber v. Lance

406 So. 2d 1286, 1981 Fla. App. LEXIS 21985

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 64586673

Published

evidence, exist. “Disability” is defined in section 440.-02(9), Florida Statutes (1979) as “incapacity

Holiday Inn v. Pope

402 So. 2d 1303, 1981 Fla. App. LEXIS 20862

District Court of Appeal of Florida | Filed: Aug 17, 1981 | Docket: 64584831

Published

may not be included in the wage computations. Section 440.02(12) Fla.Stat. (Supp.1978). Accordingly, we

South Florida Grassing/Risk Management Services, Inc. v. Bunns

399 So. 2d 93, 1981 Fla. App. LEXIS 19970

District Court of Appeal of Florida | Filed: May 28, 1981 | Docket: 64582949

Published

dependents. The employer also asks that we interpret § 440.02(14) to require that persons standing in the place

State, Department of Health & Rehabilitative Services v. O'Neal

400 So. 2d 28, 1981 Fla. App. LEXIS 19722

District Court of Appeal of Florida | Filed: May 11, 1981 | Docket: 64583402

Published

Center, was an “employee” within the ambit of Section 440.02, Florida Statutes (1979). We agree and reverse

Peacock Fruit & Cattle Corp. v. Prescott

397 So. 2d 390, 1981 Fla. App. LEXIS 19335

District Court of Appeal of Florida | Filed: Apr 22, 1981 | Docket: 64582134

Published

apportionment within the contemplation of F.S. Section 440.02(19), F.S.A., which was not applicable.” Tolvanen

Nash v. Holiday Inn at Calder

395 So. 2d 306, 1981 Fla. App. LEXIS 19655

District Court of Appeal of Florida | Filed: Mar 18, 1981 | Docket: 64581041

Published

claimant’s average weekly wage.” (emphasis supplied) Section 440.02(12), Florida Statutes, states that wages shall

Ken Lones Landscaping v. Tucker

395 So. 2d 272, 1981 Fla. App. LEXIS 19647

District Court of Appeal of Florida | Filed: Mar 13, 1981 | Docket: 64581015

Published

to justify the award. Disability is defined in § 440.02(9), Florida Statutes, as the “... incapacity because

O'Day v. Taylor Rental Center

395 So. 2d 1194, 1981 Fla. App. LEXIS 20235

District Court of Appeal of Florida | Filed: Mar 5, 1981 | Docket: 64581306

Published

the order sheds light upon the dismissal: 6. Section 440.02(18), Florida Statutes, defines “accident” as

Gore Newspapers Co. v. Lovett

393 So. 2d 1152, 1981 Fla. App. LEXIS 19473

District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 64580384

Published

out of and in the course of employment....” Section 440.02(6), Fla.Stat. Here, the facts clearly reveal

Cover v. T G & Y Store 1331

405 So. 2d 985, 1981 Fla. App. LEXIS 22099

District Court of Appeal of Florida | Filed: Jan 20, 1981 | Docket: 64586034

Published

evidence to support apportionment pursuant to Section 440.02(19), Florida Statutes (1973), we reverse. When

Lavalle, Wochna, Rutherford, Maker & Truesdell v. Stevens

394 So. 2d 141, 1981 Fla. App. LEXIS 19503

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64580460

Published

Accordingly, compensation was allowed pursuant to § 440.02(19), as it would be for any other aggravation

Cargo Gas Co. v. Crumpton

392 So. 2d 373, 1981 Fla. App. LEXIS 18870

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64579611

Published

knowledge of the employer” as required by Fla.Stat. § 440.02(12). We find that there was ample evidence to

City of Bonifay v. Faulk

390 So. 2d 791, 1980 Fla. App. LEXIS 18159

District Court of Appeal of Florida | Filed: Dec 2, 1980 | Docket: 64579005

Published

the statutory requirements of an accident. Section 440.02(18), Florida Statutes; Smith v. Florida Department

Poinsetta Gifts v. Evans

393 So. 2d 8, 1980 Fla. App. LEXIS 18330

District Court of Appeal of Florida | Filed: Nov 10, 1980 | Docket: 64579979

Published

abnormality or loss” as a result of this insect bite, Section 440.02(21). She is, instead, rendered by this bite

McGraw v. Colonial Acres

387 So. 2d 551, 1980 Fla. App. LEXIS 17551

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64577913

Published

definition of employment or employee as set forth in § 440.02, Florida Statutes; the claimant was a domestic

Bell Rentals & Sales v. Harvey

387 So. 2d 507, 1980 Fla. App. LEXIS 17544

District Court of Appeal of Florida | Filed: Aug 28, 1980 | Docket: 64577899

Published

medical costs, which are never apportiona-ble. Section 440.02(18), Florida Statutes (1977); Russell House

Ago

Florida Attorney General Reports | Filed: Apr 3, 1980 | Docket: 3258801

Published

those laws for its officers and employees. Section 440.02(1)(b)1., dealing with workers' compensation

Mitchell Boyd Logging & Pulpwood v. Boyd

381 So. 2d 268, 1980 Fla. App. LEXIS 16283

District Court of Appeal of Florida | Filed: Feb 20, 1980 | Docket: 64575068

Published

PER CURIAM. Our interpretation of Section 440.02(2), Florida Statutes, (1975), leads us to the conclusion

Casey Key Investment Corp. v. Arbuckle

378 So. 2d 841, 1979 Fla. App. LEXIS 16263

District Court of Appeal of Florida | Filed: Dec 17, 1979 | Docket: 64573692

Published

exemption from coverage had not been revoked. Under Section 440.02(2)(b), Florida Statutes (1975), a corporate

Krajenta v. Division of Workers' Compensation, Department of Labor & Employment Security

376 So. 2d 1200, 1979 Fla. App. LEXIS 15660

District Court of Appeal of Florida | Filed: Nov 2, 1979 | Docket: 64572807

Published

Division of Labor of the Department of Commerce. § 440.02(8)(a). However, § 2, Ch. 79-40 created the Division

McKee v. Greene

360 So. 2d 158, 1978 Fla. App. LEXIS 16217

District Court of Appeal of Florida | Filed: Jul 5, 1978 | Docket: 64565151

Published

workmen’s compensation insurance pursuant to Section 440.02, Florida Statutes (1973). Because the employers

Womble v. Raber

334 So. 2d 827, 1976 Fla. App. LEXIS 13833

District Court of Appeal of Florida | Filed: Jul 9, 1976 | Docket: 64554456

Published

insurance because he had no employees. Fla. Stat. § 440.02 (1973). Therefore, he was not entitled to the

Special Disability Trust Fund v. Southland Corp.

322 So. 2d 900, 1975 Fla. LEXIS 4391

Supreme Court of Florida | Filed: Nov 14, 1975 | Docket: 64550750

Published

Reading the amended version in conjunction with F.S. 440.02(19),2 however, elicits the unavoidable conclusion

Subterranean Circus v. Lewis

319 So. 2d 600, 1975 Fla. App. LEXIS 15342

District Court of Appeal of Florida | Filed: Sep 23, 1975 | Docket: 64549418

Published

teeth-gnashing of the defendant [appellant] about Florida Statute 440.02(1)(b) on October 17, 1972 is much ado about

Ago

Florida Attorney General Reports | Filed: Jan 4, 1974 | Docket: 3255355

Published

provisions of the Workmen's Compensation Act. Section 440.02(4) includes in the definition of "employer"

Muzika v. Butler Enterprises, Inc.

269 So. 2d 353, 1972 Fla. LEXIS 3194

Supreme Court of Florida | Filed: Nov 1, 1972 | Docket: 64528784

Published

Service, Inc., 244 So. 2d 417 (Fla.1971). . Fla.Stat. §440.02(12), F.S.A.: ‘“Wages’ means the money rate

Jay Livestock Market v. Hill

247 So. 2d 291, 1971 Fla. LEXIS 3780

Supreme Court of Florida | Filed: Apr 14, 1971 | Docket: 64520065

Published

attorney’s fee here. ERVIN, J., concurs. . Fla.Stat. §,440.02(1) (c) 3 (1969), F.S.A. . J. J. Murphy

Salazar v. Jules Gillette, Inc.

243 So. 2d 138, 1970 Fla. LEXIS 2241

Supreme Court of Florida | Filed: Dec 16, 1970 | Docket: 64518376

Published

accident within the contemplation of Florida Statute § 440.02(19), F.S.A. We are committed to the doctrine that

Shaw v. Burk Builders, Inc.

240 So. 2d 297, 1970 Fla. LEXIS 2346

Supreme Court of Florida | Filed: Oct 28, 1970 | Docket: 64517035

Published

JJ., and DEKLE, Circuit Judge, concur. . F.S. § 440.02(9) F.S.A.: “‘Disability’ means incapacity because

Cypress Gardens Citrus Products, Inc. v. Murchison

240 So. 2d 803

Supreme Court of Florida | Filed: Oct 28, 1970 | Docket: 450418

Published

[2] apportionment *805 under Florida Statutes Section 440.02(19), F.S.A., is required when and to the extent

Cornaros v. Carillon Hotel

235 So. 2d 478, 1970 Fla. LEXIS 2748

Supreme Court of Florida | Filed: May 13, 1970 | Docket: 64514687

Published

with-conflicting evidence as to application of Fla.Stat. § 440.02(12), F.S.A., which provides that for purposes

Ezell-Titterton, Inc. v. A. K. F. ex rel. P. A. F.

234 So. 2d 360, 1970 Fla. LEXIS 2782

Supreme Court of Florida | Filed: Apr 22, 1970 | Docket: 64514307

Published

states with similarly worded statutes to F.S. Section 440.02(13), F.S.A., that an illegitimate posthumous

Hermansen v. Webster Outdoor Advertising Co.

230 So. 2d 145, 1969 Fla. LEXIS 2530

Supreme Court of Florida | Filed: Dec 17, 1969 | Docket: 64512750

Published

also that it was entitled to apportionment under § 440.02(19), Florida Statutes, and to credit for the amounts

Miranda v. Southern Farm Bureau Casualty Insurance

229 So. 2d 232, 1969 Fla. LEXIS 2535

Supreme Court of Florida | Filed: Dec 10, 1969 | Docket: 64512435

Published

an employee within the meaning and intent of Section 440.02(2) (a), Florida Statutes 1967, F.S.A.,1 and

Sudler v. Sun Oil Co.

227 So. 2d 482, 1969 Fla. LEXIS 2143

Supreme Court of Florida | Filed: Oct 15, 1969 | Docket: 64511851

Published

Judge and Full Commission have misconstrued F.S. § 440.-02(1) (b) 2, F.S.A.1 as requiring that a person employ

Repasky v. Junior's Restaurant

224 So. 2d 289, 1969 Fla. LEXIS 2238

Supreme Court of Florida | Filed: Jul 2, 1969 | Docket: 64510407

Published

reinstated, the situation is controlled by Section 440.02(19) which states in part: “ * * * [compensation

Greenberg v. Creative Group Advertising

219 So. 2d 433, 1969 Fla. LEXIS 2474

Supreme Court of Florida | Filed: Feb 12, 1969 | Docket: 64508609

Published

arising out of and in the course of employment.” Section 440.02(6) defines an injury as a personal injury by

Williams v. Terrazzo Associates

224 So. 2d 257, 1968 Fla. LEXIS 1961

Supreme Court of Florida | Filed: Dec 10, 1968 | Docket: 64510387

Published

injury by accident within the meaning of F.S. Section 440.02(19), F.S.A. Under our holding in Gray v. Employers

Tingle v. Board of County Commissioners

214 So. 2d 1, 1968 Fla. LEXIS 2086

Supreme Court of Florida | Filed: Jul 31, 1968 | Docket: 64506673

Published

and apportioning the benefits pursuant to Section 440.-02(19), Florida Statutes.’ ” (at p. 2.) (4) Pursuant

Robinette v. E. R. Jahna Industries, Inc.

208 So. 2d 104, 1968 Fla. LEXIS 2302

Supreme Court of Florida | Filed: Mar 13, 1968 | Docket: 64504470

Published

Full Commission. In Evans we held that Fla.Stat. § 440.02 (19), F.S.A. requires apportionment when and to

Stevens v. International Builders of Florida, Inc.

207 So. 2d 287, 1968 Fla. App. LEXIS 5896

District Court of Appeal of Florida | Filed: Feb 20, 1968 | Docket: 64504101

Published

contemplates an existing employer-employee relationship. § 440.02(2), Fla.Stat., F.S.A., defines “employee”. “(a)

Thompson v. Swift

198 So. 2d 826, 1967 Fla. LEXIS 3891

Supreme Court of Florida | Filed: May 17, 1967 | Docket: 64500895

Published

partial disability. The 1963 provisions of Section 440.02(19), Florida Statutes, are applicable in the

Milne v. Florida Industrial Commission

188 So. 2d 798, 1966 Fla. LEXIS 3441

Supreme Court of Florida | Filed: Jun 29, 1966 | Docket: 64497516

Published

arthritis, rather than the arthritis itself, F.S. 440.02(19), F.S.A., compels apportionment and thus the

Parrott v. City of Fort Lauderdale

190 So. 2d 326, 1966 Fla. LEXIS 3294

Supreme Court of Florida | Filed: Jun 29, 1966 | Docket: 64498155

Published

touching earning capacity is promulgated. I construe § 440.02(9) F.S. to mean the loss of wage earning capacity

Richardson v. Honeywell, Inc.

188 So. 2d 303, 1966 Fla. LEXIS 3362

Supreme Court of Florida | Filed: Apr 20, 1966 | Docket: 64497269

Published

find claimant’s condition to be compensable.” Section 440.02(19) F.S.A. provides that an “ 'Accident’ shall

Oliveros Motor Service, Inc. v. Libert

184 So. 2d 180, 1966 Fla. LEXIS 3781

Supreme Court of Florida | Filed: Mar 9, 1966 | Docket: 64496038

Published

finding of no permanent disability. Under F.S. § 440.02 (9), F.S.A. disability is defined as “incapacity

Garcia v. Continental Vending Machine Corp.

176 So. 2d 329, 1965 Fla. LEXIS 3189

Supreme Court of Florida | Filed: Jun 2, 1965 | Docket: 64493363

Published

occurrence of an accident within the requirements of Section 440.02(6), Florida Statutes, F.S.A.' It reversed the

Millender v. City of Carrabelle

174 So. 2d 740, 1965 Fla. LEXIS 3149

Supreme Court of Florida | Filed: May 5, 1965 | Docket: 64492987

Published

the doctors, but on “disability” as defined in § 440.02(9), Florida Statutes Annotated, i. e., loss of

Logan v. Maintenance, Inc.

173 So. 2d 690, 1965 Fla. LEXIS 3406

Supreme Court of Florida | Filed: Apr 7, 1965 | Docket: 64492657

Published

directions for the deputy to award benefits pursuant to § 440.02(19), F.S.1961, F.S.A., said statute requiring

Logan v. Maintenance, Inc.

173 So. 2d 690, 1965 Fla. LEXIS 3406

Supreme Court of Florida | Filed: Apr 7, 1965 | Docket: 64492657

Published

directions for the deputy to award benefits pursuant to § 440.02(19), F.S.1961, F.S.A., said statute requiring

Tingle v. Board of County Commissioners

174 So. 2d 1, 1965 Fla. LEXIS 3411

Supreme Court of Florida | Filed: Apr 5, 1965 | Docket: 64492712

Published

and appor*3tioning the benefits pursuant to Section 440.02(19), Florida Statutes.” For the foregoing reasons

Whitney v. Colonial Inn

172 So. 2d 824, 1965 Fla. LEXIS 3318

Supreme Court of Florida | Filed: Mar 17, 1965 | Docket: 64492404

Published

“professional athlete” within the exclusions of Section 440.02(1)(c)(4), Florida Statutes, F.S.A.; that he

Zerwal v. Caribbean Modes, Inc.

170 So. 2d 840

Supreme Court of Florida | Filed: Jan 26, 1965 | Docket: 64491785

Published

Produce Co., Fla.1962, 137 So.2d 573. .F.S. Section 440.02(19), F.S.A., provides : “ ‘Accident’ shall

Southern Bell Telephone & Telegraph Co. v. Bell

167 So. 2d 844

Supreme Court of Florida | Filed: Sep 9, 1964 | Docket: 64490815

Published

capacity measured by the terms of the statute. Section 440.02(9), F.S.A. As in all such cases, we must continually

Goldstein v. Gray Decorators, Inc.

166 So. 2d 438, 1964 Fla. LEXIS 2576

Supreme Court of Florida | Filed: Jul 17, 1964 | Docket: 64490224

Published

Farm v. Spencer, 153 So.2d 718 (Fla.1963). Section 440.02(2), F.S.A., defines an employee generally as

Cianci v. Florida State Beverage Department

157 So. 2d 78

Supreme Court of Florida | Filed: Oct 23, 1963 | Docket: 60216701

Published

has not suffered “disability” as defined by F.S. § 440.02(9), F.S.A. I must dissent.

Scott v. Kerr

156 So. 2d 847, 1963 Fla. LEXIS 2699

Supreme Court of Florida | Filed: Jul 19, 1963 | Docket: 60215982

Published

within the scope of the statutory definition. Section 440.02(19). An accident is there defined to mean “an

Southern Standard Life Insurance v. Holloman

149 So. 2d 887, 1963 Fla. App. LEXIS 3813

District Court of Appeal of Florida | Filed: Feb 14, 1963 | Docket: 60210062

Published

concur. . F.S. § 440.02(2) (a), F.S.A. . F.S. § 440.02(2) (b), F.S.A. . F.S. § 440.02(2) (c), F.S.A

Diamelio v. Royal Castle

148 So. 2d 8

Supreme Court of Florida | Filed: Oct 24, 1962 | Docket: 60209527

Published

apportionment because of the pre-existing condition. Section 440.02(19), Florida Statutes, F.S.A. Nothing in this

Oolite Concrete Co. v. Carver

145 So. 2d 733

Supreme Court of Florida | Filed: Oct 17, 1962 | Docket: 60207522

Published

that it was based upon “fright” only, whereas Section 440.02(19), F.S.A., specifies that injury due to “fright

King v. Keller

141 So. 2d 259

Supreme Court of Florida | Filed: May 16, 1962 | Docket: 60204712

Published

compensation benefits because of the provisions of Section 440.02(15), Florida Statutes, F.S.A., which reads

Thomas v. Carter Fruit & Produce Co.

137 So. 2d 573

Supreme Court of Florida | Filed: Feb 7, 1962 | Docket: 60201204

Published

give me soreness.” Record, pp. 53, 54, 55. Section 440.02(19) Florida Statutes, F.S.A. provides: “(19)

Young v. Dreamland Bedding Co.

133 So. 2d 414

Supreme Court of Florida | Filed: Sep 27, 1961 | Docket: 60198512

Published

1959, and in failing to apply the provision of Section 440.02(19), Florida Statutes, that where a pre-existing

Southern Electric, Inc. v. Spall

130 So. 2d 279, 1961 Fla. LEXIS 2179

Supreme Court of Florida | Filed: May 10, 1961 | Docket: 60197464

Published

Chapter 440, Florida Statutes (1959), F.S.A. . Section 440.02(6), Florida Statutes (1959), F.S.A. . 1 Larson

Gogo Mobile Motor Car Corp. of the South v. Harrison

125 So. 2d 571, 1960 Fla. LEXIS 2065

Supreme Court of Florida | Filed: Dec 2, 1960 | Docket: 60196268

Published

without jurisdiction to determine the case. Section 440.02(1) (b), Florida Statutes, F.S.A., provides:

Holland v. Puritan Dairy, Inc.

120 So. 2d 1, 1960 Fla. LEXIS 2431

Supreme Court of Florida | Filed: Apr 29, 1960 | Docket: 60194802

Published

Florida, this December 14, A. D. 1959.” . F.S.A. § 440.02(6): “(6) The term ‘injury’ means personal injury

Food Fair Stores, Inc. v. Jaeger

119 So. 2d 689, 1960 Fla. LEXIS 2385

Supreme Court of Florida | Filed: Apr 1, 1960 | Docket: 60194726

Published

functional disability within the definition set out in § 440.02, Florida Statutes, F.S.A., but we do not consider

Vander Linden v. Reed Construction Corp.

115 So. 2d 706

District Court of Appeal of Florida | Filed: Nov 16, 1959 | Docket: 60193689

Published

C. J., and CARROLL, CHAS., J., concur. . Section 440.02(6), Fla.Stat., F.S.A.

Cheyney v. Grossberger

115 So. 2d 193

District Court of Appeal of Florida | Filed: Nov 2, 1959 | Docket: 60193475

Published

necessity therefor is “because of the injury.” Section 440.02(9) Fla.Stat., F.S.A. This provision should

Bell v. Southern Bell Telephone & Telegraph Co.

108 So. 2d 483

District Court of Appeal of Florida | Filed: Jan 15, 1959 | Docket: 60191640

Published

Workmen’s Compensation Law. That subsection, read with § 440.02(9), defining “disability”, specifies diminution

Hicks v. Kemp

79 So. 2d 696, 1955 Fla. LEXIS 3457

Supreme Court of Florida | Filed: Apr 20, 1955 | Docket: 64486752

Published

this issue was made by the court. Under F.S.A. § 440.02 the term “employer” includes “every person carrying

Parker v. Hill

72 So. 2d 820, 1954 Fla. LEXIS 1463

Supreme Court of Florida | Filed: Apr 27, 1954 | Docket: 64485579

Published

'be excluded from the terms of the Act. F.S. Section 440.02(1), F.S.A. provides as follows: “The term ‘employment’

City of St. Petersburg v. Cashman

71 So. 2d 733, 1954 Fla. LEXIS 1360

Supreme Court of Florida | Filed: Apr 9, 1954 | Docket: 64485253

Published

express or implied, oral or written * * See section 440.02(2), Florida Statutes 1951, F.S.A. There can

Lewis v. Brandon

40 So. 2d 843, 1949 Fla. LEXIS 1427

Supreme Court of Florida | Filed: Jun 7, 1949 | Docket: 3259991

Published

The Workmen's Compensation Law of Florida in Section 440.02(16) defines the term "widower" as follows:

Morris v. American MacHinery Corporation

40 So. 2d 839, 1949 Fla. LEXIS 1424

Supreme Court of Florida | Filed: Jun 3, 1949 | Docket: 3265977

Published

his pre-existing diabetes disease, and under Section 440.02(19), F.S.A., and our former adjudications,