Florida/Georgia Personal Injury & Workers Compensation

...the subject. Tribune Co. v. Cannella, 458 So.2d 1075 (Fla. 1984), appeal dismissed, 471 U.S. 1096, 105 S.Ct. 2315, 85 L.Ed.2d 835 (1985). There can be no doubt that chapter 440 has preempted local regulation on the subject of workers' compensation. Section 440.03, Florida Statutes (1987), states that every "employer" and "employee" as defined in section 440.02 shall be bound by the provisions of chapter 440....

...Assuming that the facts warrant a finding that the airplane was being used to transport Carman and Allen to the Live Oak job site or to some other job site or prospective job site, was Allen's death sustained in the course of his employment?[12] "[12] 440.03 Application "Every employer and every employee, unless otherwise specifically provided, shall be presumed to have accepted the provisions of this chapter, respectively to pay and accept compensation for injury or death, arising out of and in t...

...§ 440.02(1)(b)(2), to cover all private employments in which one or more employees are employed by the same employer. Fla.H.R. 311 (1973). [2] Until September 1, 1970, the Florida Workmen's Compensation Act was an elective remedy. Pursuant to Fla. Stat. § 440.03, F.S.A., which was repealed by Chapter 70-148, Laws of Florida, both employers and employees were empowered to waive coverage under the Act....

...§§ 440.04 and 440.05 F.S.A., then in force included provisions relative to nonacceptance of the Act (440.04[1]) and notice of nonacceptance (440.05[2]). However, nonacceptance by the employee is not an issue on this appeal. We note, moreover, that Fla. Stat. § 440.03, F.S.A., presumed acceptance of the provisions of the Act by both employer and employee; therefore, the employee was required to affirmatively indicate his desire for exemption, which he failed to do in this instance....

...DETERMINATION OF STATUS We also hold that the Kendall analysis of status applies regardless of whether the issue arises in the context of a tort claim or a worker's compensation claim. In order to be compensated under the worker's compensation law, one must be an employee. § 440.03, Fla....

statute. See Barragan, 545 So.2d at 254 (citing § 440.03, Fla. Stat. (1987)). In Barragan, Chief Justice

...emed to be at maximum medical improvement, regardless of any potential for improvement. The doctor is required by section 440.15(3)(d) to assess and certify the injured worker's "permanent impairment," a condition that can have but one meaning under section 440.03(22): a condition existing "after the date of maximum medical improvement." It follows that the permanent impairment rating that must be given at that time is the legal equivalent of a medical finding that the worker has reached maximum medical improvement....

...and its judges of compensation claims, when collective bargaining agreements meet the statutory criteria. Absent such pro tanto contractions of the reach of chapter 440's procedural provisions, the Workers' Compensation Law applies in every detail, § 440.03, Fla....

...t to claim compensation under the Workers' Compensation Law. Section 440.02(16)(a), Florida Statutes (2004), defines "Employer" to include "the state and all political subdivisions thereof [and] all public and quasi-public corporations therein." And section 440.03, Florida Statutes (2004), provides that "[e]very employer and employee as defined in s....

...d and determinative, and by providing workers with a remedy that is expeditious and independent of proof of fault. Florida Erection Servs., Inc. v. McDonald, 395 So.2d 203, 209 (Fla. 1st DCA 1981). The Act binds both the employer and the worker. See § 440.03, Fla....

...The third sentence purports to memorialize the notion that the workers' compensation system is based on a mutual renunciation of common law rights and defenses by employers and employees alike. Coverage has been mandatory since the 1970 amendment to section 440.03, which section previously made coverage under the act elective on the part of either the employer or the employee. See § 440.03, Fla....

...Hallal later filed suit against the Magic for negligent maintenance of its premises. The Magic moved for summary judgment, asserting that it was immune from tort liability under the Florida Workers' Compensation Law. [1] The trial court agreed and entered final summary judgment in favor of the Magic. Section 440.03, Florida Statutes (1995), provides that every employer and every employee is bound by the provisions of the Workers' Compensation Law....

...all within the provisions of the act. So when appellant extended its activities into Florida it did so as a whole, not as a separate entity with but two employees, and when it did so, it is "presumed to have accepted the provisions of this chapter". Section 440.03 ....

...But the employee who has lost an arm, leg or eye while performing his job for the City, must endorse his permanent partial disability compensation check to the City before he can return to work with full pay. In our judgment, the Legislature did not intend such a result. Section 440.03 provides that: “Every employer and employee as defined in s....

purposes for which the district was created. Section 440.03, F.S., binds every employer and employee as

accepted the provisions of Chapter 440, see F.S. Section 440.03, F.S.A. Every employer is liable for and is