Florida Statute 440.9 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

F.S. 440.09

440.09 Coverage.—

(1) The employer must pay compensation or furnish benefits required by this chapter if the employee suffers an accidental compensable injury or death arising out of work performed in the course and the scope of employment. The injury, its occupational cause, and any resulting manifestations or disability must be established to a reasonable degree of medical certainty, based on objective relevant medical findings, and the accidental compensable injury must be the major contributing cause of any resulting injuries. For purposes of this section, “major contributing cause” means the cause which is more than 50 percent responsible for the injury as compared to all other causes combined for which treatment or benefits are sought. In cases involving occupational disease or repetitive exposure, both causation and sufficient exposure to support causation must be proven by clear and convincing evidence. Pain or other subjective complaints alone, in the absence of objective relevant medical findings, are not compensable. For purposes of this section, “objective relevant medical findings” are those objective findings that correlate to the subjective complaints of the injured employee and are confirmed by physical examination findings or diagnostic testing. Establishment of the causal relationship between a compensable accident and injuries for conditions that are not readily observable must be by medical evidence only, as demonstrated by physical examination findings or diagnostic testing. Major contributing cause must be demonstrated by medical evidence only.

(a) This chapter does not require any compensation or benefits for any subsequent injury the employee suffers as a result of an original injury arising out of and in the course of employment unless the original injury is the major contributing cause of the subsequent injury. Major contributing cause must be demonstrated by medical evidence only.

(b) If an injury arising out of and in the course of employment combines with a preexisting disease or condition to cause or prolong disability or need for treatment, the employer must pay compensation or benefits required by this chapter only to the extent that the injury arising out of and in the course of employment is and remains more than 50 percent responsible for the injury as compared to all other causes combined and thereafter remains the major contributing cause of the disability or need for treatment. Major contributing cause must be demonstrated by medical evidence only.

(c) Death resulting from an operation by a surgeon furnished by the employer for the cure of hernia as required in s. 440.15(6) [F.S. 1981] shall for the purpose of this chapter be considered to be a death resulting from the accident causing the hernia.

(d) If an accident happens while the employee is employed elsewhere than in this state, which would entitle the employee or his or her dependents to compensation if it had happened in this state, the employee or his or her dependents are entitled to compensation if the contract of employment was made in this state, or the employment was principally localized in this state. However, if an employee receives compensation or damages under the laws of any other state, the total compensation for the injury may not be greater than is provided in this chapter.

(2) Benefits are not payable in respect of the disability or death of any employee covered by the Federal Employer’s Liability Act, the Longshoremen’s and Harbor Worker’s Compensation Act, the Defense Base Act, or the Jones Act.

(3) Compensation is not payable if the injury was occasioned primarily by the intoxication of the employee; by the influence of any drugs, barbiturates, or other stimulants not prescribed by a physician; or by the willful intention of the employee to injure or kill himself, herself, or another.

(4)(a) An employee shall not be entitled to compensation or benefits under this chapter if any judge of compensation claims, administrative law judge, court, or jury convened in this state determines that the employee has knowingly or intentionally engaged in any of the acts described in s. 440.105 or any criminal act for the purpose of securing workers’ compensation benefits. For purposes of this section, the term “intentional” shall include, but is not limited to, pleas of guilty or nolo contendere in criminal matters. This section shall apply to accidents, regardless of the date of the accident. For injuries occurring prior to January 1, 1994, this section shall pertain to the acts of the employee described in s. 440.105 or criminal activities occurring subsequent to January 1, 1994.

(b) A judge of compensation claims, administrative law judge, or court of this state shall take judicial notice of a finding of insurance fraud by a court of competent jurisdiction and terminate or otherwise disallow benefits.

(c) Upon the denial of benefits in accordance with this section, a judge of compensation claims shall have the jurisdiction to order any benefits payable to the employee to be paid into the court registry or an escrow account during the pendency of an appeal or until such time as the time in which to file an appeal has expired.

(5) If injury is caused by the knowing refusal of the employee to use a safety appliance or observe a safety rule required by statute or lawfully adopted by the department, and brought prior to the accident to the employee’s knowledge, or if injury is caused by the knowing refusal of the employee to use a safety appliance provided by the employer, the compensation as provided in this chapter shall be reduced 25 percent.

(6) Except as provided in this chapter, a construction design professional who is retained to perform professional services on a construction project, or an employee of a construction design professional in the performance of professional services on the site of the construction project, is not liable for any injuries resulting from the employer’s failure to comply with safety standards on the construction project for which compensation is recoverable under this chapter, unless responsibility for safety practices is specifically assumed by contracts. The immunity provided by this subsection to a construction design professional does not apply to the negligent preparation of design plans or specifications.

(7)(a) To ensure that the workplace is a drug-free environment and to deter the use of drugs and alcohol at the workplace, if the employer has reason to suspect that the injury was occasioned primarily by the intoxication of the employee or by the use of any drug, as defined in this chapter, which affected the employee to the extent that the employee’s normal faculties were impaired, and the employer has not implemented a drug-free workplace pursuant to ss. 440.101 and 440.102, the employer may require the employee to submit to a test for the presence of any or all drugs or alcohol in his or her system.

(b) If the employee has, at the time of the injury, a blood alcohol level equal to or greater than the level specified in s. 316.193, or if the employee has a positive confirmation of a drug as defined in this act, it is presumed that the injury was occasioned primarily by the intoxication of, or by the influence of the drug upon, the employee. If the employer has implemented a drug-free workplace, this presumption may be rebutted only by evidence that there is no reasonable hypothesis that the intoxication or drug influence contributed to the injury. In the absence of a drug-free workplace program, this presumption may be rebutted by clear and convincing evidence that the intoxication or influence of the drug did not contribute to the injury. Percent by weight of alcohol in the blood must be based upon grams of alcohol per 100 milliliters of blood. If the results are positive, the testing facility must maintain the specimen for a minimum of 90 days. Blood serum may be used for testing purposes under this chapter; however, if this test is used, the presumptions under this section do not arise unless the blood alcohol level is proved to be medically and scientifically equivalent to or greater than the comparable blood alcohol level that would have been obtained if the test were based on percent by weight of alcohol in the blood. However, if, before the accident, the employer had actual knowledge of and expressly acquiesced in the employee’s presence at the workplace while under the influence of such alcohol or drug, the presumptions specified in this subsection do not apply.

(c) If the injured worker refuses to submit to a drug test, it shall be presumed in the absence of clear and convincing evidence to the contrary that the injury was occasioned primarily by the influence of drugs.

(d) The agency shall provide by rule for the authorization and regulation of drug-testing policies, procedures, and methods. Testing of injured employees shall not commence until such rules are adopted.

(e) As a part of rebutting any presumptions under paragraph (b), the injured worker must prove the actual quantitative amounts of the drug or its metabolites as measured on the initial and confirmation post-accident drug tests of the injured worker’s urine sample and provide additional evidence regarding the absence of drug influence other than the worker’s denial of being under the influence of a drug. No drug test conducted on a urine sample shall be rejected as to its results or the presumption imposed under paragraph (b) on the basis of the urine being bodily fluid tested.

(8) If, by operation of s. 440.04, benefits become payable to a professional athlete under this chapter, such benefits shall be reduced or setoff in the total amount of injury benefits or wages payable during the period of disability by the employer under a collective bargaining agreement or contract for hire.

History.—s. 9, ch. 17481, 1935; CGL 1936 Supp. 5966(9); s. 3, ch. 18413, 1937; s. 1, ch. 28236, 1953; s. 1, ch. 57-293; s. 2, ch. 73-127; s. 5, ch. 74-197; s. 3, ch. 75-209; s. 2, ch. 77-290; s. 23, ch. 78-300; s. 124, ch. 79-40; s. 21, ch. 79-312; s. 7, ch. 86-171; ss. 4, 5, 6, 43, ch. 89-289; ss. 11, 56, ch. 90-201; ss. 9, 52, ch. 91-1; ss. 5, 55, ch. 93-415; s. 101, ch. 97-103; s. 1, ch. 98-161; s. 3, ch. 98-174; s. 8, ch. 2001-91; s. 14, ch. 2002-194; s. 469, ch. 2003-261; s. 6, ch. 2003-412.

F.S. 440.09 on Google Scholar

F.S. 440.09 on CourtListener

Amendments to 440.09

Annotations, Discussions, Cases:

Cases Citing Statute 440.09

Total Results: 383

Smith v. Piezo Technology & Prof. Adm'rs

427 So. 2d 182

Supreme Court of Florida | Filed: Feb 3, 1983 | Docket: 2518061

Cited 107 times | Published

used in Chapter 440. See §§ 440.02(11) and (12); § 440.09, Fla. Stat. (1979). We thus hold that a wrongful

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

performed in the course and the scope of employment." § 440.09(1), Fla. Stat. (1997); see also § 440.11, Fla

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

arising out of and in the course of employment. § 440.09(1), Fla. Stat. (1979). Section 440.11(1), Florida

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

scope of employment.'" 754 So.2d at 686 (quoting § 440.09(1), Fla. Stat. (1997)) (emphasis added). Even

Lawton v. Alpine Engineered Products, Inc.

498 So. 2d 879, 11 Fla. L. Weekly 619, 1986 Fla. LEXIS 2895

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 1699894

Cited 41 times | Published

arising out of and in the course of employment. § 440.09(1), Fla. Stat. (1979). Section 440.11(1), Florida

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

compensation benefits. The Court based its holding on section 440.09(4), Florida Statutes (1957), which provided

Whitehead v. Keene Roofing Co.

43 So. 2d 464, 1949 Fla. LEXIS 1072

Supreme Court of Florida | Filed: Dec 20, 1949 | Docket: 3266598

Cited 37 times | Published

compensation could be allowed under the provisions of Section 440.09(3), Florida Statutes, 1941, F.S.A., that "No

Chorak v. Naughton

409 So. 2d 35

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

Cited 35 times | Published

arising out of and in the course of employment. § 440.09(1), Fla. Stat. (1977). An accident is defined

Palm Springs General Hosp. v. Cabrera

698 So. 2d 1352, 1997 WL 570467

District Court of Appeal of Florida | Filed: Sep 16, 1997 | Docket: 434007

Cited 33 times | Published

permanent disability benefits, in keeping with section 440.09(1)(b), Florida Statutes (1995), the judge of

US Sugar Corp. v. Henson

823 So. 2d 104, 27 Fla. L. Weekly Supp. 551, 2002 Fla. LEXIS 1159, 2002 WL 1208720

Supreme Court of Florida | Filed: Jun 6, 2002 | Docket: 1512775

Cited 31 times | Published

So.2d 593 (Fla.1996), we addressed whether section 440.09(3), Florida Statutes (1991), precluded the

State Farm Fire & Cas. v. Compupay

654 So. 2d 944, 1995 WL 106929

District Court of Appeal of Florida | Filed: Mar 15, 1995 | Docket: 1710394

Cited 26 times | Published

out of the course and scope of employment. See § 440.09(1), Fla. Stat. (1993) (workers' compensation payable

Clarence Deshong v. Seaboard Coast Line Railroad Company, a Corporation

737 F.2d 1520, 1984 U.S. App. LEXIS 19945

Court of Appeals for the Eleventh Circuit | Filed: Aug 1, 1984 | Docket: 182936

Cited 25 times | Published

applicable in this case because Florida Statute § 440.09(2) (1977) provides that: No compensation

Garcia v. Public Health Trust of Dade County

841 F.2d 1062, 1988 U.S. App. LEXIS 4092

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 1988 | Docket: 813349

Cited 20 times | Published

the liability of employers for accidents. Section 440.09 of the Florida Statutes provides in pertinent

Mangold v. Rainforest Golf Sports Center

675 So. 2d 639, 1996 WL 310173

District Court of Appeal of Florida | Filed: Jun 11, 1996 | Docket: 1322950

Cited 18 times | Published

work-related injury was not compensable under section 440.09(1), Florida Statutes (Supp.1994). We affirm

Motchkavitz v. LC Boggs Industries, Inc.

407 So. 2d 910

Supreme Court of Florida | Filed: Dec 10, 1981 | Docket: 244604

Cited 18 times | Published

a cause for the injury, except as provided in § 440.09(3). [2] 440.11 Exclusiveness of liability.

Liberty Mutual Insurance v. Electronic Systems, Inc.

813 F. Supp. 802, 1993 U.S. Dist. LEXIS 1961, 1993 WL 44325

District Court, S.D. Florida | Filed: Feb 19, 1993 | Docket: 1382389

Cited 17 times | Published

of and in the course of employment." Fla. Stat. § 440.09 (1991). While some courts have found workers'

Bowen v. Keen

17 So. 2d 706, 154 Fla. 161, 1944 Fla. LEXIS 643

Supreme Court of Florida | Filed: Feb 4, 1944 | Docket: 3269398

Cited 16 times | Published

and within the scope of the said employment. Section 440.09, Fla. Stats. 1941, provides that compensation

US Sugar Corp. v. Henson

787 So. 2d 3, 2001 Fla. App. LEXIS 5255, 2000 WL 1880340

District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 473458

Cited 15 times | Published

a reasonable degree of medical certainty." Section 440.09(1), Florida Statutes (1995)(emphasis supplied)

McKesson Drug Co. v. Williams

706 So. 2d 352, 23 Fla. L. Weekly Fed. D 351

District Court of Appeal of Florida | Filed: Jan 27, 1998 | Docket: 1682642

Cited 15 times | Published

demonstrated by clear and convincing evidence." § 440.09(1), Fla. Stat. (1995). Appellants in this case

Foxworth v. Florida Industrial Commission

86 So. 2d 147

Supreme Court of Florida | Filed: May 27, 1955 | Docket: 431939

Cited 15 times | Published

"arising out of and in the course of employment." Section 440.09(1), F.S. 1951, F.S.A. Both circumstances must

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

order in this court. We begin by examining section 440.09(1)(b), Florida Statutes (Supp.1994), which

Staffmark v. Merrell

43 So. 3d 792, 2010 Fla. App. LEXIS 12699, 2010 WL 3168130

District Court of Appeal of Florida | Filed: Aug 12, 2010 | Docket: 60295477

Cited 13 times | Published

the “major contributing cause” provision of section 440.09(1)(b), Florida Statutes. See Pearson v. Paradise

Medina v. Gulf Coast Linen Services

825 So. 2d 1018, 2002 WL 2030372

District Court of Appeal of Florida | Filed: Sep 6, 2002 | Docket: 1691136

Cited 13 times | Published

Compensation Claims (JCC) below determining under section 440.09, Florida Statutes, that as a result of appellant's

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

is suffered outside the course of employment. § 440.09(1). 573 So.2d at 184. In this case, Lowry has

Martha Locke v. SunTrust Bank

484 F.3d 1343, 2007 WL 1174893

Court of Appeals for the Eleventh Circuit | Filed: Apr 23, 2007 | Docket: 398902

Cited 12 times | Published

and the scope of employment.” Fla. Stat. Ann. § 440.09 (2001). 3 As a general matter, the

Aguilera v. Inservices, Inc.

905 So. 2d 84, 2005 WL 1403993

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 2104286

Cited 12 times | Published

performed in the course and the scope of employment." § 440.09(1), Fla. Stat. (2000) (emphasis supplied). Functionally

Velez v. Oxford Development Co.

457 So. 2d 1388

District Court of Appeal of Florida | Filed: Oct 30, 1984 | Docket: 426170

Cited 12 times | Published

suffered outside the course of employment. See § 440.09(1). Plaintiff, a semi-illiterate, never elected

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

causation. See § 440.02(32) Fla.Stat.; see also § 440.09(1), Fla.Stat. (Supp.1994). Regarding the first

McKenzie Tank Lines, Inc. v. McCauley

418 So. 2d 1177

District Court of Appeal of Florida | Filed: Aug 31, 1982 | Docket: 1289081

Cited 11 times | Published

refused to exact the 25% penalty required by Section 440.09(4), Florida Statutes (1979), to be placed upon

Aravena v. Miami-Dade County

928 So. 2d 1163, 31 Fla. L. Weekly Supp. 205, 2006 Fla. LEXIS 556, 2006 WL 870503

Supreme Court of Florida | Filed: Apr 6, 2006 | Docket: 1713704

Cited 10 times | Published

injured worker. § 440.015, Fla. Stat. (2001). Section 440.09(1), Florida Statutes (2001), provides that

Abraham v. Dzafic

666 So. 2d 232, 1995 Fla. App. LEXIS 13484, 1995 WL 763358

District Court of Appeal of Florida | Filed: Dec 29, 1995 | Docket: 452587

Cited 10 times | Published

arises "out of and in the course of employment," section 440.09(1), Florida Statutes (1993), the trial court's

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

injury is one "arising out of the employment." § 440.09(1) Fla. Stat.; Larson, supra, at 7-235. The Victor

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 work performed," as set forth in section 440.09, Florida Statutes (2008). The E/C argues the

Checkers Restaurant v. Wiethoff

925 So. 2d 348, 2006 WL 344747

District Court of Appeal of Florida | Filed: Feb 16, 2006 | Docket: 1516947

Cited 9 times | Published

is no longer entitled to medical benefits. See § 440.09(1)(b), Fla. Stat. To the extent that cases such

Isaac v. Green Iguana, Inc.

871 So. 2d 1004, 2004 WL 825603

District Court of Appeal of Florida | Filed: Apr 19, 2004 | Docket: 1300675

Cited 9 times | Published

respectively (employer/carrier), pursuant to section 440.09(4), Florida Statutes (1999). Claimant does

Clark v. Gumby's Pizza Systems, Inc.

674 So. 2d 902, 1996 WL 291936

District Court of Appeal of Florida | Filed: Jun 4, 1996 | Docket: 1661949

Cited 9 times | Published

performed in the course and the scope of employment." § 440.09, Fla.Stat. (1991). Section 440.11, Florida Statutes

Wishart v. Laidlaw Tree Service, Inc.

573 So. 2d 183, 1991 WL 3589

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 1518676

Cited 9 times | Published

is suffered outside the course of employment. § 440.09(1). In this situation, neither election of remedies

Leonard v. Dennis

465 So. 2d 538, 10 Fla. L. Weekly 346

District Court of Appeal of Florida | Filed: Feb 8, 1985 | Docket: 1324288

Cited 9 times | Published

miles from the motel where they were staying. Section 440.09(1), Florida Statutes (1981), provides workers'

Jones v. Leon County Health Department

335 So. 2d 269

Supreme Court of Florida | Filed: Apr 7, 1976 | Docket: 1306186

Cited 9 times | Published

1972, and that the claim should be barred by Section 440.09(3), Florida Statutes, which provides in pertinent

JAQUETTE MOTOR COMPANY v. Talley

134 So. 2d 238

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

Cited 9 times | Published

Florida East Coast Railway. Petitioner relies on Section 440.09(2), viz.: "No compensation shall be payable

Ray-Hof Agencies, Inc. v. Petersen

123 So. 2d 251

Supreme Court of Florida | Filed: Sep 21, 1960 | Docket: 1234646

Cited 9 times | Published

facts of this case meet the requirements of F.S. § 440.09, F.S.A. The cited act provides that an injury

Sinni v. Scottsdale Insurance

676 F. Supp. 2d 1319

District Court, M.D. Florida | Filed: Jan 4, 2010 | Docket: 2372164

Cited 8 times | Published

course and the scope of employment." FLA. STAT. § 440.09(1). In keeping with the liberal construction placed

Tractor Supply Co. v. Kent

966 So. 2d 978, 2007 Fla. App. LEXIS 13448, 2007 WL 2456209

District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 1679136

Cited 8 times | Published

recognized defense to a claim for comp benefits, section 440.09(1)(b), Florida Statutes, and should have been

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

compensability: major contributing cause. See § 440.09, Fla. Stat. (1995). However, the legislature did

Zenchak v. Ryder Truck Rentals, Inc.

150 So. 2d 727

District Court of Appeal of Florida | Filed: Mar 12, 1963 | Docket: 1733076

Cited 8 times | Published

injury, except as provided in subsection (3) of § 440.09."

Zenchak v. Ryder Truck Rentals, Inc.

150 So. 2d 727

District Court of Appeal of Florida | Filed: Mar 12, 1963 | Docket: 1733076

Cited 8 times | Published

injury, except as provided in subsection (3) of § 440.09."

At & T WIRELESS SERVICES, INC. v. Castro

896 So. 2d 828, 2005 WL 405478

District Court of Appeal of Florida | Filed: Feb 22, 2005 | Docket: 1683549

Cited 7 times | Published

testifying. See DeCuba, 867 So.2d at 1258. [5] See § 440.09(1), Fla. Stat. (2001). [6] Indeed, we have held

At & T WIRELESS SERVICES, INC. v. Castro

896 So. 2d 828, 2005 WL 405478

District Court of Appeal of Florida | Filed: Feb 22, 2005 | Docket: 1683549

Cited 7 times | Published

testifying. See DeCuba, 867 So.2d at 1258. [5] See § 440.09(1), Fla. Stat. (2001). [6] Indeed, we have held

Village Apartments v. Hernandez

856 So. 2d 1140, 2003 WL 22399572

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 1708652

Cited 7 times | Published

claimant should be denied benefits pursuant to section 440.09(4), Florida Statutes (Supp.1998). This provision

Domino's Pizza v. Gibson

668 So. 2d 593, 1996 Fla. LEXIS 150, 1996 WL 73780

Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 2272886

Cited 7 times | Published

question to be of great public importance: Does section 440.09(3), Florida Statutes, preclude expert testimony

Rockhaulers, Inc. v. Davis

554 So. 2d 654, 1989 WL 155601

District Court of Appeal of Florida | Filed: Dec 29, 1989 | Docket: 1693367

Cited 7 times | Published

regarding compensability of the accident. Under section 440.09(1), Florida Statutes (1987), workers' compensation

Johnson v. United Airlines

550 So. 2d 134, 1989 WL 117148

District Court of Appeal of Florida | Filed: Oct 6, 1989 | Docket: 1718413

Cited 7 times | Published

week that she had not worked since her injury. Section 440.09(1), Florida Statutes, provides: Where an accident

Greathead v. Asplundh Tree Expert Co.

473 So. 2d 1380, 10 Fla. L. Weekly 1967

District Court of Appeal of Florida | Filed: Aug 15, 1985 | Docket: 793023

Cited 7 times | Published

arise "out of and in the course of employment." Section 440.09(1), Florida Statutes. In the case of such an

Beasley v. Mitel of Delaware

449 So. 2d 365

District Court of Appeal of Florida | Filed: Apr 13, 1984 | Docket: 1325468

Cited 7 times | Published

the statutory presumption of intoxication which § 440.09(3), Florida Statutes, predicates upon a blood

Great Dane Trailers v. Flis

435 So. 2d 931

District Court of Appeal of Florida | Filed: Jul 29, 1983 | Docket: 1328487

Cited 7 times | Published

arose out of and in the course of his employment, § 440.09(1), Fla. Stat. (1980 Supp.), and began paying

Jenkins v. Wilson

397 So. 2d 773

District Court of Appeal of Florida | Filed: May 4, 1981 | Docket: 1706666

Cited 7 times | Published

and, therefore, is not compensable, pursuant to § 440.09, Florida Statutes. However, in Fernandez v. Consolidated

Spivey v. Battaglia Fruit Company

138 So. 2d 308

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

Cited 7 times | Published

statutory provision by act of the 1953 Legislature. Section 440.09(1) provides in part: "Compensation shall be

Glasser v. Youth Shop

54 So. 2d 686, 1951 Fla. LEXIS 1760

Supreme Court of Florida | Filed: Nov 2, 1951 | Docket: 1307079

Cited 7 times | Published

course of employment", within the meaning of Section 440.09, Florida Statutes. The purpose of the Workmen's

XL Insurance America, Inc. v. Ortiz

673 F. Supp. 2d 1331, 2009 U.S. Dist. LEXIS 103909, 2009 WL 3739072

District Court, S.D. Florida | Filed: Nov 6, 2009 | Docket: 2357058

Cited 6 times | Published

course and the scope of employment." Fla. Stat. § 440.09(1). And, generally, under the workers' compensation

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

"if the employee suffers an accidental injury." § 440.09(1), Fla. Stat. (2002). This coverage prerequisite

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

his original workplace injury, as provided by section 440.09(1), Florida Statutes (2001).[2] In making this

Feraci v. Grundy Marine Construction Co.

315 F. Supp. 2d 1197, 2004 U.S. Dist. LEXIS 5681, 2004 WL 895889

District Court, N.D. Florida | Filed: Mar 11, 2004 | Docket: 2249253

Cited 6 times | Published

'" Turner, 754 So.2d at 686 (quoting Fla. Stat. § 440.09(1) (1997)). Thus, absent an excepted circumstance

Travelers Indemnity Company v. Pcr Incorporated

326 F.3d 1190, 2003 U.S. App. LEXIS 6566

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 2003 | Docket: 874919

Cited 6 times | Published

'" Turner, 754 So.2d at 686 (quoting Fla. Stat. § 440.09(1) (1997)). The Florida Supreme Court, however

Wright v. Uniforms for Industry

772 So. 2d 560, 2000 WL 1527911

District Court of Appeal of Florida | Filed: Oct 17, 2000 | Docket: 1435173

Cited 6 times | Published

responded that all benefits were barred by section 440.09(4), Florida Statutes (Supp.1994), which states

In Re Eli Witt Co.

213 B.R. 396, 11 Fla. L. Weekly Fed. B 94, 38 Collier Bankr. Cas. 2d 1510, 1997 Bankr. LEXIS 1607, 1997 WL 618978

United States Bankruptcy Court, M.D. Florida | Filed: Aug 28, 1997 | Docket: 1635967

Cited 6 times | Published

101(5)(A) of the Bankruptcy Code. Florida Statute § 440.09, a Workers' Compensation Statute which governs

Recchi America Inc. v. Hall

692 So. 2d 153, 22 Fla. L. Weekly Supp. 120, 1997 Fla. LEXIS 301, 1997 WL 109212

Supreme Court of Florida | Filed: Mar 13, 1997 | Docket: 1524665

Cited 6 times | Published

invalid the irrebuttable presumption provision of section 440.09(3), Florida Statutes (1991). We have jurisdiction

Hall v. Recchi America Inc.

671 So. 2d 197, 1996 WL 117024

District Court of Appeal of Florida | Filed: Mar 19, 1996 | Docket: 1672003

Cited 6 times | Published

benefits upon the conclusive presumption of section 440.09(3), Florida Statutes (1991), that an injury

City of Miami v. Bell

634 So. 2d 163, 1994 WL 61399

Supreme Court of Florida | Filed: Mar 3, 1994 | Docket: 1472756

Cited 6 times | Published

based upon the legislature's 1973 repeal of section 440.09(4), Florida Statutes *165 (1971).[1]Barragan

Lugo v. Florida East Coast Ry. Co.

487 So. 2d 321, 11 Fla. L. Weekly 735

District Court of Appeal of Florida | Filed: Mar 25, 1986 | Docket: 1796608

Cited 6 times | Published

Compensation Law, chapter 440, Florida Statutes (1985). § 440.09(2), Fla. Stat. (1985).

Brockman v. City of Dania

428 So. 2d 745

District Court of Appeal of Florida | Filed: Mar 24, 1983 | Docket: 1375298

Cited 6 times | Published

arising out of and in the course of employment." § 440.09(1), Florida Statutes. We agree with the three-prong

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

Workers' Compensation Law, Section 440.09(2), Florida Statutes (1977). Section 440.09(2) only bars compensation

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

claim for workers' compensation benefits under section 440.09(1)(b), Florida Statutes (2005), and the notice

Pearson v. Paradise Ford

951 So. 2d 12, 2007 WL 305727

District Court of Appeal of Florida | Filed: Feb 5, 2007 | Docket: 1682615

Cited 5 times | Published

compensable pursuant to the 2003 amendments to section 440.09(1)(b), Florida Statutes (2003), see Chapter

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

employment was principally located in Florida, under section 440.09(1), Florida Statutes (2005), claimant had not

Chapman v. Nationsbank

872 So. 2d 390, 29 Fla. L. Weekly Fed. D 1076

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 1706783

Cited 5 times | Published

to dismiss the entire claim, as required by section 440.09(4), Florida Statutes (Supp.1998). We reverse

CDL v. Corea

867 So. 2d 639, 2004 WL 502606

District Court of Appeal of Florida | Filed: Mar 16, 2004 | Docket: 1386098

Cited 5 times | Published

workers' compensation benefits pursuant to section 440.09(4), Florida Statutes (1999). This section precludes

Louisiana Pacific Corp. v. Harcus

774 So. 2d 751, 2000 WL 1745143

District Court of Appeal of Florida | Filed: Nov 21, 2000 | Docket: 1330771

Cited 5 times | Published

contributing cause of the disability, because section 440.09(1)(b), Florida Statutes (1997), does not apply

Louisiana Pacific Corp. v. Harcus

774 So. 2d 751, 2000 WL 1745143

District Court of Appeal of Florida | Filed: Nov 21, 2000 | Docket: 1330771

Cited 5 times | Published

contributing cause of the disability, because section 440.09(1)(b), Florida Statutes (1997), does not apply

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

by section 440.09(3), Florida Statutes,[1] and to raise the presumption set out in section 440.09(7)(b)

Hunt v. Exxon Co. USA

747 So. 2d 966, 1999 WL 777647

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1475352

Cited 5 times | Published

between employment and injury is set forth in section 440.09(1), Florida Statutes (1995), which provides:

Rustic Lodge v. Escobar

729 So. 2d 1014, 1999 WL 225948

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 1171258

Cited 5 times | Published

of compensation claims (JCC), holding that section 440.09(4), Florida Statutes (Supp.1994), which bars

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

injury or death. (Emphasis added). Similarly, section 440.09(1)(b), Florida Statutes (Supp.1994), provides:

Mellon SEC. & Sound v. Custer

687 So. 2d 1372, 1997 WL 75477

District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 1718597

Cited 5 times | Published

differences of opinion among the medical experts. Section 440.09(1)(b), Florida Statutes (Supp.1994), provides:

FCCI Mut. Ins. Co. v. Cayce's Excavation, Inc.

675 So. 2d 1028, 1996 Fla. App. LEXIS 6713, 1996 WL 349958

District Court of Appeal of Florida | Filed: Jun 27, 1996 | Docket: 1694545

Cited 5 times | Published

under the aegis of the LHWCA. By operation of section 440.09(2), Florida Statutes (1991),[1] a judge of

City of Miami v. Burnett

596 So. 2d 478, 1992 Fla. App. LEXIS 3536, 1992 WL 59200

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 1707705

Cited 5 times | Published

after June 30, 1973, the last effective date of section 440.09(4), Florida Statutes (1957), repealed by chapter

West Florida Distributors v. Laramie

438 So. 2d 133

District Court of Appeal of Florida | Filed: Sep 19, 1983 | Docket: 1446382

Cited 5 times | Published

tolerance, driving ability would be impaired. Section 440.09(3), Florida Statutes, provides, in part: No

City of Tampa v. Green

390 So. 2d 1220, 1980 Fla. App. LEXIS 18180

District Court of Appeal of Florida | Filed: Dec 2, 1980 | Docket: 1503748

Cited 5 times | Published

results into evidence, the employer sought to invoke § 440.09(3), Florida Statutes, which provides that "no

Hernandez v. Mike Cruz MacH. Shop

389 So. 2d 1251, 1980 Fla. App. LEXIS 18056

District Court of Appeal of Florida | Filed: Nov 17, 1980 | Docket: 1282133

Cited 5 times | Published

he had subject matter jurisdiction herein. Section 440.09(2), Fla. Stat., provides that "[n]o compensation

Hoffkins v. City of Miami

339 So. 2d 1145

District Court of Appeal of Florida | Filed: Dec 1, 1976 | Docket: 1436671

Cited 5 times | Published

reasoned that if the former state statute (Section 440.09(4) Laws of Florida 1953, repealed effective

Bolinger v. DIV. OF RETIRE., ST. DEPT. OF ADMIN.

335 So. 2d 568

District Court of Appeal of Florida | Filed: Jul 13, 1976 | Docket: 1306435

Cited 5 times | Published

"arising out of and in the course of employment," § 440.09(1), F.S. 1975. The legislature may thus be presumed

Leticia Morales v. Zenith Insurance Company

714 F.3d 1220, 2013 WL 1501654, 2013 U.S. App. LEXIS 7469

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2013 | Docket: 297393

Cited 4 times | Published

to Morales’s family. See Fla. Stat. § 440.09(1). Accordingly, under Part I of the policy, Zenith

McArthur v. MENTAL HEALTH CARE, INC.

35 So. 3d 105, 2010 Fla. App. LEXIS 6662, 2010 WL 1930119

District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 1646260

Cited 4 times | Published

pursuant to the so-called "fraud defense" in section 440.09(4), Florida Statutes (2007). Claimant raises

Talpesh v. Village of Royal Palm Beach

994 So. 2d 353, 2008 WL 4190656

District Court of Appeal of Florida | Filed: Sep 15, 2008 | Docket: 1218982

Cited 4 times | Published

So.2d 1238, 1238 (Fla. 1st DCA 2005); see also § 440.09(1), Fla. Stat. (2005) (prescribing that an employer

Singletary v. Yoder's and Ameritrust Ins. Corp.

871 So. 2d 289, 2004 Fla. App. LEXIS 3870, 2004 WL 587670

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1709469

Cited 4 times | Published

We nevertheless affirm on the authority of section 440.09(4), Florida Statutes (2002). Because the carrier

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

its position that its arguments arise under section 440.09(1), Florida Statutes (Supp.1994), and the new

TAMPA BAY NFL v. Jarvis

668 So. 2d 217, 1996 WL 20865

District Court of Appeal of Florida | Filed: Jan 23, 1996 | Docket: 1290308

Cited 4 times | Published

offset which might otherwise pertain under section 440.09(8), Florida Statutes (Supp.1990), as the parties'

City of Miami v. Bell

606 So. 2d 1183, 1992 Fla. App. LEXIS 9996, 1992 WL 222006

District Court of Appeal of Florida | Filed: Sep 16, 1992 | Docket: 131054

Cited 4 times | Published

under the Miami ordinance after the repeal of section 440.09(4) in 1973, and that the City had detrimentally

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

arising out of and in the course of employment." § 440.09(1), Fla. Stat. (1989). "Injury" means an "accident

Nelson v. McAbee Const., Inc.

591 So. 2d 1015, 1991 WL 272782

District Court of Appeal of Florida | Filed: Dec 23, 1991 | Docket: 1528128

Cited 4 times | Published

jurisdiction over the claim. The applicable statute, section 440.09(1), Florida Statutes (1989), provides in part:

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

arising out of and in the course of employment." § 440.09(1), Fla. Stat. (1987). For an injury to arise

Bushell v. Wackenhut International, Inc.

731 F. Supp. 1574, 1990 U.S. Dist. LEXIS 2513, 1990 WL 21030

District Court, S.D. Florida | Filed: Feb 26, 1990 | Docket: 1490953

Cited 4 times | Published

application of the statute). Florida Statutes Section 440.09(1) provides in pertinent part: Where an accident

Grady v. Humana, Inc.

449 So. 2d 984

District Court of Appeal of Florida | Filed: May 11, 1984 | Docket: 1325782

Cited 4 times | Published

order which explained the basis for its ruling. Section 440.09(1), Florida Statutes (1981), provides workers'

Edward J. Gerrits, Inc. v. McKinney

410 So. 2d 542

District Court of Appeal of Florida | Filed: Feb 4, 1982 | Docket: 478110

Cited 4 times | Published

principally localized in Florida as required by § 440.09(1), Fla. Stat. (1978). This is primarily a factual

Cespedes v. Yellow Transportation, Inc.

130 So. 3d 243, 2013 WL 6171266, 2013 Fla. App. LEXIS 19015

District Court of Appeal of Florida | Filed: Nov 26, 2013 | Docket: 60237694

Cited 3 times | Published

major contributing cause analysis required by section 440.09(l)(a)-(b), Florida Statutes (2005). We further

BYSCZYNSKI v. United Parcel Services, Inc.

53 So. 3d 328, 2010 Fla. App. LEXIS 20235, 2010 WL 5306460

District Court of Appeal of Florida | Filed: Dec 28, 2010 | Docket: 2406962

Cited 3 times | Published

applying the major contributing cause standard in section 440.09(1)(b), Florida Statutes (2006), to deny the

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

agree with Claimant and reverse. Analysis Section 440.09(1), Florida Statutes (2007), provides in relevant

Deren v. State

15 So. 3d 723, 2009 Fla. App. LEXIS 9627, 2009 WL 2031016

District Court of Appeal of Florida | Filed: Jul 15, 2009 | Docket: 1660380

Cited 3 times | Published

medical bills and $2,946.84 for lost wages. Section 440.09(3), Florida Statutes (2007), provides that

Pizza Hut v. Proctor

955 So. 2d 637, 2007 WL 1238594

District Court of Appeal of Florida | Filed: Apr 30, 2007 | Docket: 2562404

Cited 3 times | Published

to the major contributing cause standard in section 440.09(1)(b), Florida Statutes, that statutory provision

Pavilion Apartments v. Wetherington

943 So. 2d 226, 2006 WL 3151582

District Court of Appeal of Florida | Filed: Nov 6, 2006 | Docket: 1527443

Cited 3 times | Published

Pavilion Apartments and Claims Center invoke section 440.09(4), Florida Statutes (2004),[2]*228 which renders

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

statutory provisions meaningless. For example, section 440.09(a), Florida Statutes, concerning subsequent

Dollar General Corp. v. MacDonald

928 So. 2d 464, 2006 WL 1152639

District Court of Appeal of Florida | Filed: May 3, 2006 | Docket: 1406007

Cited 3 times | Published

contributing cause of Claimant's neck condition. Under section 440.09(1)(b), Florida Statutes (2002), [i]f an injury

Flamily v. City of Orlando

924 So. 2d 78, 2006 WL 406926

District Court of Appeal of Florida | Filed: Feb 23, 2006 | Docket: 1419299

Cited 3 times | Published

1st DCA 2001) (holding that an amendment to section 440.09(4), Florida Statutes, which granted the JCC

City of Cooper City v. Farthing

905 So. 2d 925, 2005 WL 1248969

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1711872

Cited 3 times | Published

to cause disability or need for treatment, section 440.09(1)(b), Florida Statutes *928 (2000), requires

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 employee suffers an injury by accident. See § 440.09(1), Fla. Stat. (2000). Two situations meet the

Ariston v. Allied Building Crafts

825 So. 2d 435, 2002 WL 1401899

District Court of Appeal of Florida | Filed: Jul 1, 2002 | Docket: 1312521

Cited 3 times | Published

determine whether the claimant was required by section 440.09(2) to seek benefits under federal, rather than

DL Peoples Group, Inc. v. Hawley

804 So. 2d 561, 2002 WL 63351

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1334703

Cited 3 times | Published

examined to determine the resulting consequences. Section 440.09(1)(d), Florida Statutes (1999), provides in

Lovin Mood, Inc. v. Bush

687 So. 2d 61, 1997 Fla. App. LEXIS 331, 1997 WL 35015

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 1718823

Cited 3 times | Published

between Bush's injuries and her employment. See § 440.09(1) Fla. Stat.; and see, e.g., Jean Barnes Collections

Horizons Painting v. Lessard

688 So. 2d 941, 1997 WL 26470

District Court of Appeal of Florida | Filed: Jan 27, 1997 | Docket: 443985

Cited 3 times | Published

erroneously failed to apply the defense set forth in section 440.09(4), Florida Statutes (Supp.1994), based on

EH v. Temporary Labor Source, Inc.

687 So. 2d 884, 1997 Fla. App. LEXIS 260, 1997 WL 26458

District Court of Appeal of Florida | Filed: Jan 27, 1997 | Docket: 1718863

Cited 3 times | Published

administrative hearing officer or court under section 440.09(4), the JCC determined that E.H. made these

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

employment is the major contributing cause."); § 440.09(1)(a), Fla.Stat. (Supp.1994) (no compensation

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

rule" exception to the "coming and going rule." Section 440.09 of the Florida Statutes provided that compensation

Cleveland Consol., Inc. v. Haren

672 So. 2d 592, 1996 WL 194218

District Court of Appeal of Florida | Filed: Apr 24, 1996 | Docket: 1763838

Cited 3 times | Published

this claim is dependent upon the provision in section 440.09(1), Florida Statutes (1985), that "[w]here

Younkman v. Waste Collection Services

576 So. 2d 801, 16 Fla. L. Weekly 662

District Court of Appeal of Florida | Filed: Mar 11, 1991 | Docket: 1242764

Cited 3 times | Published

covered by the workers' compensation law. See Section 440.09, Florida Statutes. Even where a claimant has

PALM BEACH CTY. SHERIFF'S OFFICE v. Ginn

570 So. 2d 1059, 1990 WL 188964

District Court of Appeal of Florida | Filed: Nov 27, 1990 | Docket: 1349229

Cited 3 times | Published

life and property within Palm Beach County. Section 440.09, Florida Statutes, provides, in pertinent part

Florida Tile Industries v. Dozier

561 So. 2d 654, 1990 WL 61934

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 1480551

Cited 3 times | Published

carrier defended the claim on the grounds that section 440.09(3), Florida Statutes (1985), "the intoxication

Florida Tile Industries v. Dozier

561 So. 2d 654, 1990 WL 61934

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 1480551

Cited 3 times | Published

carrier defended the claim on the grounds that section 440.09(3), Florida Statutes (1985), "the intoxication

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

both jobs, and the full commission affirmed. Section 440.09(2), Fla. Stat. (1961) provided, "No compensation

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

or unavoidably result from such injury.... Section 440.09(1), Florida Statutes (1979), states, in part:

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

arising out of and in the course of employment" (section 440.09) and further defines "injury" as an accident

City of Plantation v. Roberts

342 So. 2d 69

Supreme Court of Florida | Filed: Dec 22, 1976 | Docket: 421532

Cited 3 times | Published

kind, and also, even before the enactment of Section 440.09(2), Florida Statutes (1975), ousted state tribunals

Gil v. Tenet Healthsystem North Shore, Inc.

204 So. 3d 125, 2016 Fla. App. LEXIS 17127

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 63630518

Cited 2 times | Published

defense. The medical causation defense appears in section 440.09(1), Florida Statutes: [T]he accidental compensable

Payne v. J.B. Hunt Transport, Inc.

154 F. Supp. 3d 1310, 2016 U.S. Dist. LEXIS 172, 2016 WL 25943

District Court, M.D. Florida | Filed: Jan 4, 2016 | Docket: 64306206

Cited 2 times | Published

So.2d 683, 686 (Fla.2000) (quoting Fla. Stat. § 440.09(1)). The exclusivity of the FWCL is subject to

Sierra v. Metropolitan Protective Services

188 So. 3d 863, 2015 Fla. App. LEXIS 14510, 2015 WL 5714621

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 60254356

Cited 2 times | Published

claimant’s current need for psychiatric treatment, per § 440.09.” In support of its defense, the E/C submitted

Perez v. Southeastern Freight Lines, Inc.

159 So. 3d 412, 2015 Fla. App. LEXIS 4044, 2015 WL 1268017

District Court of Appeal of Florida | Filed: Mar 20, 2015 | Docket: 60246585

Cited 2 times | Published

“objective relevant medical findings” as required by section 440.09(1), Florida Statutes (2013). The JCC employed

Scottsdale Insurance v. GFM Operations, Inc.

789 F. Supp. 2d 1278, 2011 U.S. Dist. LEXIS 39696, 2011 WL 1399080

District Court, S.D. Florida | Filed: Apr 12, 2011 | Docket: 2013838

Cited 2 times | Published

Cafeteria, 383 So.2d 623, 628 (Fla.1980); Fla. Stat. § 440.09(1) (providing employer must pay compensation where

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

physical injury is certainly compensable. See § 440.09, Fla. Stat. (2007). If the employee also suffers

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

workers' compensation benefits pursuant to section 440.09(4)(a). The JCC did not rule on this motion

Morrow v. Sam's Club

17 So. 3d 763, 2009 Fla. App. LEXIS 10488, 2009 WL 2342920

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 1645151

Cited 2 times | Published

findings justifying the evaluation as required by section 440.09, Florida Statutes (2007). The judge agreed

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

So.2d 1238, 1238 (Fla. 1st DCA 2005); see also § 440.09(1), Fla. Stat. (2001) (prescribing that an employer

Deren v. State

962 So. 2d 385, 2007 WL 2254566

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 1719859

Cited 2 times | Published

entitled to any money if he was the aggressor. See § 440.09(3), Fla. Stat. (2007). Deren claims his ignorance

Alvarez v. Unicco

958 So. 2d 951, 2007 WL 1146453

District Court of Appeal of Florida | Filed: Apr 19, 2007 | Docket: 2526732

Cited 2 times | Published

preceding the determination of a violation of section 440.09(4). Accordingly, the order of the judge of

Valdes v. GALCO CONST.

922 So. 2d 252, 2006 Fla. App. LEXIS 826, 2006 WL 176731

District Court of Appeal of Florida | Filed: Jan 26, 2006 | Docket: 1683359

Cited 2 times | Published

ineligible for workers' compensation benefits. See § 440.09(4), Fla. Stat. (1999) ("An employee shall not

Citrus Pest Control v. Brown

913 So. 2d 754, 2005 WL 2922140

District Court of Appeal of Florida | Filed: Nov 7, 2005 | Docket: 1331777

Cited 2 times | Published

turn out not to be." This appeal followed. Section 440.09(4), Florida Statutes (2002), provides: An employee

Report of Supreme Court Workgroup on Public Records

825 So. 2d 889, 2002 WL 351500

Supreme Court of Florida | Filed: Sep 12, 2002 | Docket: 1312459

Cited 2 times | Published

records are created pursuant to Florida Statutes Section 440.09 and OSHA standards 1904.2, 1904.4, and 1904

Wright v. DSK GROUP

821 So. 2d 455, 2002 WL 1610076

District Court of Appeal of Florida | Filed: Jul 23, 2002 | Docket: 790414

Cited 2 times | Published

presumption authorized in certain cases by section 440.09(7)(b), Florida Statutes (1999), claimant was

Agner v. APAC-Florida, Inc.

821 So. 2d 336, 2002 WL 1285492

District Court of Appeal of Florida | Filed: Jun 12, 2002 | Docket: 1236132

Cited 2 times | Published

compensation immunity under section 440.09(6), Florida Statutes (1999). Section 440.09(6) provides: Except as

Russell Corp. v. Jacobs

782 So. 2d 404, 2001 WL 50501

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 456507

Cited 2 times | Published

jurisdiction to apply the 1998 amendment to section 440.09(4), Florida Statutes, to the Appellee's Petition

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

for treatment. However, this requirement in section 440.09(1)(b), Fla.Stat., as well as the major contributing

Nolan v. Delta Airlines

733 So. 2d 1076, 1999 WL 280805

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 1188887

Cited 2 times | Published

occurs in the course and scope of employment. Section 440.09(1), Florida Statutes (1987), provides that

Estate of Jenkins v. Recchi America

658 So. 2d 157, 1995 Fla. App. LEXIS 7720, 1995 WL 421120

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 439594

Cited 2 times | Published

claimant's suicide was not willful. Pursuant to § 440.09(3) Florida Statute (1990), no compensation shall

City of Miami v. Jones

593 So. 2d 544, 1992 Fla. App. LEXIS 502, 1992 WL 10883

District Court of Appeal of Florida | Filed: Jan 17, 1992 | Docket: 446318

Cited 2 times | Published

through August 1, 1989. The City contends that section 440.09(4), Florida Statutes, in effect at the time

Sterling v. Mike Brown, Inc.

580 So. 2d 832, 1991 WL 85527

District Court of Appeal of Florida | Filed: May 23, 1991 | Docket: 1364724

Cited 2 times | Published

tragically sustained severe and permanent injuries. Section 440.09(1), Florida Statutes, provides that compensation

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

statutory provision with the explicit provisions in section 440.09(1) covering claimants employed in Florida and

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

necessary treatment... ." (e.s.)); see also Section 440.09(1). The term "employee" is defined as follows:

Carnegie v. Pan American Linen

476 So. 2d 311, 10 Fla. L. Weekly 2329

District Court of Appeal of Florida | Filed: Oct 10, 1985 | Docket: 1681436

Cited 2 times | Published

NIMMONS and ZEHMER, JJ., concur. NOTES [1] Section 440.09(3), Florida Statutes, provides that no compensation

Division of Retirement v. Allen

395 So. 2d 1192, 1981 Fla. App. LEXIS 20234

District Court of Appeal of Florida | Filed: Mar 5, 1981 | Docket: 1317963

Cited 2 times | Published

the same as the "arising out of" language in Section 440.09(1) of the Workers' Compensation Law and that

Wert v. Tropicana Pools, Inc.

286 So. 2d 1

Supreme Court of Florida | Filed: Nov 14, 1973 | Docket: 1408073

Cited 2 times | Published

employment, as required for compensation by F.S. Section 440.09, F.S.A. The Commission did not fault the Judge's

de Cancino v. Eastern Air Lines

239 So. 2d 15, 1970 Fla. LEXIS 2463

Supreme Court of Florida | Filed: Jul 29, 1970 | Docket: 64516384

Cited 2 times | Published

case is governed by that portion of Fla.Stat. § 440.09(1), F.S.A., which provides: “Where an accident

Blair v. Edward J. Gerrits, Inc.

193 So. 2d 172, 1966 Fla. LEXIS 3191

Supreme Court of Florida | Filed: Dec 14, 1966 | Docket: 64499171

Cited 2 times | Published

the apparent preclusion of such coverage by F.S. § 440.09(1), F.S.A. The Deputy found that the employer-carrier

Neuman v. Shelbourne Grand Hotel

20 So. 2d 677, 155 Fla. 491, 1945 Fla. LEXIS 558

Supreme Court of Florida | Filed: Jan 23, 1945 | Docket: 3276215

Cited 2 times | Published

without citing any further authorities. See Section 440.09 F.S. 1941, F.S.A. But counsel for appellant

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

performed in the course and the scope of employment.” § 440.09(1), Fla. Stat. (2016). Accidents occur “in the

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

treatment or benefits are sought.” § 440.09(1), Fla. Stat. Section 440.09(1) must be read in conjunction

State v. Florida Workers' Advocates

167 So. 3d 500, 2015 Fla. App. LEXIS 9531, 2015 WL 3875442

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2667769

Cited 1 times | Published

loss of consortium claim. 2 . Section 440.09 addresses the scope of coverage for on-job

State v. Brock

138 So. 3d 1060, 2014 WL 1686448, 2014 Fla. App. LEXIS 6220

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240459

Cited 1 times | Published

it applied to the denial of coverage under section 440.09(4)(a). To the extent that Matrix has any application

McIntosh v. CVS Pharmacy

135 So. 3d 1157, 2014 WL 1600449, 2014 Fla. App. LEXIS 5851

District Court of Appeal of Florida | Filed: Apr 22, 2014 | Docket: 60239450

Cited 1 times | Published

physical injury is certainly compen-sable. See § 440.09, Fla. Stat. (2007). If the employee also suffers

Rose v. Geico

90 So. 3d 886, 2012 WL 2122308, 2012 Fla. App. LEXIS 9594

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60309678

Cited 1 times | Published

“accident” for purposes of workers’ compensation. Section 440.09(1), Florida Statutes (2009), requires that

Owens v. CCJ Auto Transport

59 So. 3d 179, 2011 Fla. App. LEXIS 2672, 2011 WL 711997

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60299621

Cited 1 times | Published

contract) occurred in Florida, we reverse. Section 440.09(l)(d), Florida Statutes (2007), provides that

Carrillo v. Case Engineering, Inc.

53 So. 3d 1214, 2011 Fla. App. LEXIS 1862, 2011 WL 479893

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60298030

Cited 1 times | Published

prevails on the issue of compensa-bility.” Section 440.09(4)(a), Florida Statutes (2009), located within

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

E/C's position and denied all claims under section 440.09, Florida Statutes, on the ground Claimant violated

Thomas v. Bircheat

16 So. 3d 198, 2009 Fla. App. LEXIS 11006, 2009 WL 2392896

District Court of Appeal of Florida | Filed: Aug 6, 2009 | Docket: 1641348

Cited 1 times | Published

stimulants not prescribed by a physician...." § 440.09(3), Fla. Stat. (2006). Claimant correctly argues

Silva v. General Labor Staffing Services, Inc.

995 So. 2d 1107, 2008 Fla. App. LEXIS 18139, 2008 WL 5055739

District Court of Appeal of Florida | Filed: Dec 2, 2008 | Docket: 1494790

Cited 1 times | Published

employment, as required for compensability under section 440.09(1), Florida Statutes (2006). Vigliotti v. K-Mart

Batista v. Publix Supermarkets, Inc.

993 So. 2d 570, 2008 WL 4643791

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1516200

Cited 1 times | Published

reasonable notice and opportunity to be heard." § 440.09(2), Fla. Stat. (1986). See also Escambia County

GALLAGHER BASSETT SERVICES-ORLANDO v. Mathis

990 So. 2d 1214, 2008 WL 4287159

District Court of Appeal of Florida | Filed: Sep 22, 2008 | Docket: 1687926

Cited 1 times | Published

accident is the MCC of Mathis' neck condition. See § 440.09(1), Fla. Stat. (2006).[3] E/C correctly argue

Childers v. STATE, DEPT. OF MGMT. SERVICES, DIV. OF RETIREMENT

989 So. 2d 716, 2008 WL 3914884

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 1665114

Cited 1 times | Published

(rejecting an excessive fines challenge to section 440.09, Florida Statutes, which denies workers' compensation

Matrix Employee Leasing v. Hernandez

975 So. 2d 1217, 2008 WL 623340

District Court of Appeal of Florida | Filed: Mar 10, 2008 | Docket: 1423898

Cited 1 times | Published

is sufficient to trigger the provisions of section 440.09(4)(a), thus mandating that claimant not be

Davis v. TMG STAFFING SERVICES, INC.

962 So. 2d 360, 2007 Fla. App. LEXIS 11382, 2007 WL 2088996

District Court of Appeal of Florida | Filed: Jul 24, 2007 | Docket: 2536196

Cited 1 times | Published

was a `manifestation' contested *361 under section 440.09(1), Florida Statutes"). BENTON, PADOVANO &

Chapman v. Nationsbank

937 So. 2d 788, 2006 WL 2612683

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1160307

Cited 1 times | Published

receiving any workers' compensation benefits by section 440.09(4), Florida Statutes (1997). See, e.g., Citrus

Paulson v. DIXIE COUNTY EMERGENCY MEDICAL

936 So. 2d 1109, 2006 WL 2056399

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 1651146

Cited 1 times | Published

within the course and scope of employment. See § 440.09(1), Florida Statutes. Following an evidentiary

Bullard v. Anheuser-Busch

900 So. 2d 774, 2005 WL 1036339

District Court of Appeal of Florida | Filed: May 5, 2005 | Docket: 1514177

Cited 1 times | Published

Denial of the Psychiatric Care Claim Under section 440.09(1), Florida Statutes (1999), an injured worker

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

performed in the course and the scope of employment." § 440.09(1), Fla. Stat. (1997); see also § 440.11, Fla

Lee v. Volusia County School Bd.

890 So. 2d 397, 2004 Fla. App. LEXIS 19705, 2004 WL 2964040

District Court of Appeal of Florida | Filed: Dec 23, 2004 | Docket: 1290729

Cited 1 times | Published

09(4) and 440.105(b), this court has determined section 440.09(4), in relation to section 440.105, does not

Travelers Indemnity Co. v. PCR Inc.

326 F.3d 1190

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 2003 | Docket: 65655366

Cited 1 times | Published

” Turner, 754 So.2d at 686 (quoting Fla. Stat. § 440.09(1) (1997)). The Florida Supreme Court, however

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

contributing cause of the claimant's injury); see also § 440.09(1), Fla. Stat. (2000); § 440.02(35), Fla. Stat

Styles v. BROWARD COUNTY SCHOOL BD.

831 So. 2d 212, 2002 WL 31202323

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 1722790

Cited 1 times | Published

§ 5, at 76, Laws of Fla. (1994) (codified at § 440.09(1), Fla. Stat. (Supp.1994)); see generally Closet

HANDY MAN/KNEP, INC. v. Weinstein

802 So. 2d 1186, 2002 WL 10243

District Court of Appeal of Florida | Filed: Jan 4, 2002 | Docket: 1698723

Cited 1 times | Published

E/C # 1's claim for apportionment pursuant to section 440.09(1)(b), Florida Statutes (1997), was denied

Gilbert v. Publix Supermarkets, Inc.

790 So. 2d 1057, 26 Fla. L. Weekly Supp. 479, 2001 Fla. LEXIS 1402, 2001 WL 776596

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1734417

Cited 1 times | Published

or in the course and scope of employment. See § 440.09(1), Fla.Stat. (Supp. 1994). The "going and coming"

Heric v. City of Ormond Beach

728 So. 2d 1247, 1999 WL 202300

District Court of Appeal of Florida | Filed: Apr 13, 1999 | Docket: 1254408

Cited 1 times | Published

occurs in the course and scope of employment. Section 440.09(1), Florida Statutes (1987), provides that

Wilks v. Boston Whaler, Inc.

691 So. 2d 629, 1997 Fla. App. LEXIS 4335, 1997 WL 185896

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 1727218

Cited 1 times | Published

Eller v. Shova, 630 So.2d 537, 539 (Fla.1993). Section 440.09(1), Florida Statutes (1995), provides for the

Pyram v. MARRIOTT INTERN.

687 So. 2d 351, 1997 WL 49118

District Court of Appeal of Florida | Filed: Feb 10, 1997 | Docket: 1371181

Cited 1 times | Published

by denying compensability in reliance upon section 440.09(1), Florida Statutes (Supp.1994), for this

Anderson v. Wales Industries

688 So. 2d 379, 1997 WL 35011

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 1769334

Cited 1 times | Published

as it stood prior to the 1993 amendments to section 440.09, Florida Statutes (Supp. 1994), which significantly

Williams, Hatfield & Stoner v. Malcolm

687 So. 2d 295, 1997 WL 20527

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 1718652

Cited 1 times | Published

safety. The trial court denied the motion. Section 440.09(6), Florida Statutes (1993), provides for immunity

Avalos v. Williford Farms, Inc.

561 So. 2d 1344, 1990 Fla. App. LEXIS 3996, 1990 WL 72517

District Court of Appeal of Florida | Filed: Jun 1, 1990 | Docket: 1480596

Cited 1 times | Published

claimant's own intoxication. The effect of Section 440.09(3), Florida Statutes (1987), was to shift the

City of Tampa v. Scott

397 So. 2d 1220, 1981 Fla. App. LEXIS 19721

District Court of Appeal of Florida | Filed: May 11, 1981 | Docket: 1706617

Cited 1 times | Published

willful intent to kill himself, thus making Section 440.09(3), Florida Statutes, inapplicable to this

Wainwright v. Wainwright, Inc.

237 So. 2d 154, 1970 Fla. LEXIS 2710

Supreme Court of Florida | Filed: Jul 1, 1970 | Docket: 64515190

Cited 1 times | Published

his employment in Florida, relying on Section F.S. 440.09(1), F.S.A., which is the basis for affirmance

Olsen v. Winter Park Racquet Club

142 So. 2d 5, 1962 Fla. LEXIS 2888

Supreme Court of Florida | Filed: May 29, 1962 | Docket: 60205391

Cited 1 times | Published

not come to his death by suicide. The statute, § 440.09(3), Florida Statutes, F.S.A., provides that no

City of Miami v. Graham

138 So. 2d 751, 1962 Fla. LEXIS 3030

Supreme Court of Florida | Filed: Mar 14, 1962 | Docket: 60202354

Cited 1 times | Published

commission’s order contains the following rationale: “Section 440.09(4), Florida Statutes [F.S.A.], provides essentially

Smit v. Geyer Detective Agency, Inc.

130 So. 2d 882, 1961 Fla. LEXIS 2190

Supreme Court of Florida | Filed: Jun 2, 1961 | Docket: 60197592

Cited 1 times | Published

reduced 25% in accordance with the provisions of Section 440.09(3) which states in pertinent part: “Where injury

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

the employee suffers an accidental injury.” § 440.09(1), Fla. Stat. (2002). This coverage prerequisite

Ortiz v. Winn-Dixie, Inc., Travelers Insurance, and Sedgwick CMS

District Court of Appeal of Florida | Filed: Dec 23, 2024 | Docket: 69491845

Published

process of recovery may require . . . .”); see also § 440.09(1), Fla. Stat. (requiring the employer to “pay

Miami Donuts Payroll, Dunkin Donuts v. Villarreal

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347450

Published

Levi that the work accident was the 3 See § 440.09(1), Fla. Stat. (2019) (requiring a compensable

Trifecta Services Company v. Najar

District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127361

Published

under the Florida Workers’ Compensation Law, section 440.09(1)(d), Florida Statutes, with respect to an

Palm Beach County School District v. Josaphat

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848198

Published

requested benefits and the compensable accident. § 440.09(1), Fla. Stat. (providing that “[t]he injury,

KATHLEEN WEAVER vs VOLUSIA COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Oct 21, 2022 | Docket: 63162674

Published

showing that the cancer was caused by their work. § 440.09(1), Fla. Stat. (2019). If

Julio Sanchez v. Yellow Transportation/Gallagher Bassett

District Court of Appeal of Florida | Filed: Sep 21, 2020 | Docket: 18458086

Published

and in the course and scope of employment. See § 440.09(1), Fla. Stat. (2003). But the accidental compensable

Edna Hernandez v. Food Market Corp. dba Joseph's Classic Market and AmTrust North America of FL and Associated Industries

District Court of Appeal of Florida | Filed: Oct 30, 2019 | Docket: 16401543

Published

so to obtain authorized medical care. Section 440.09(4)(a), Florida Statutes, prohibits an employee

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

demonstrated by clear and convincing medical evidence); § 440.09(1) (in occupational disease and repetitive exposure

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14900239

Published

performed in the course and the scope of employment.” § 440.09(1), Fla. Stat. (2016). Accidents occur “in the

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14900239

Published

performed in the course and the scope of employment.” § 440.09(1), Fla. Stat. (2016). Accidents occur “in the

United States Fire Insurance Company and Oxford Shops of South Florida v. Virginia Hackett

260 So. 3d 532

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409764

Published

provides no 1 The fraud defense under section 440.09(4) is not available for accidents that occurred

Hansen And Adkins Auto Transport and Gallagher Bassett Services v. James Martin

259 So. 3d 994

District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8379112

Published

cause of the need for surgery as required by section 440.09(1), Florida Statutes (2015). The JCC then found

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

injury or disease sustained by the employee.” Section 440.09(1) requires that “[t]he injury, its occupational

Bonita Brinson v. Hospital Housekeeping Services, LLC

263 So. 3d 106

District Court of Appeal of Florida | Filed: Jun 22, 2018 | Docket: 7254067

Published

employer- carrier because of the failed tests. See § 440.09(3), Fla. Stat. (2017). Ms. Brinson challenged

Beverly Inmon, surviving spouse of Matthew etc. v. Convergence Employee Leasing III, Inc.

243 So. 3d 1046

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366196

Published

the intoxication of the employee. Although section 440.09(7)(b) also provides that evidence of a certain

Teco Energy, Inc/ Teco Services, Inc. v. Michael K. Williams

District Court of Appeal of Florida | Filed: Dec 18, 2017 | Docket: 6244014

Published

qualify as a “preexisting condition” under section 440.09(1)(b), Florida Statutes. In response

Cal-Maine Foods/Broadspire v. Howard

225 So. 3d 898, 2017 Fla. App. LEXIS 10681, 2017 WL 3160125

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 60274126

Published

Hernandez, 856 So.2d at 1141. Accordingly, per section 440.09(4), the commission of “any” act of an employee

Levy County Transit v. Kokenzie

220 So. 3d 1251, 2017 Fla. App. LEXIS 8663, 2017 WL 2562361

District Court of Appeal of Florida | Filed: Jun 14, 2017 | Docket: 60267177

Published

combined for which treatment or benefits are sought. § 440.09(1), Fla. Stat. (2014). Furthermore, major contributing

City of Hialeah v. Bono

207 So. 3d 1030, 2017 Fla. App. LEXIS 498

District Court of Appeal of Florida | Filed: Jan 19, 2017 | Docket: 63631931

Published

purpose of securing workers’ compensation benefits.” § 440.09(4), Fla. Stat. (2013). Determining that there

THG Rentals & Sales of Clearwater, Inc. v. James C. Arnold

196 So. 3d 485

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108127

Published

payment under this chapter” (emphasis added). And section 440.09(4)(a), Florida Statutes, bars benefits for

Marvin Castellanos v. Next Door Company

192 So. 3d 431, 41 Fla. L. Weekly Supp. 197, 2016 WL 1700521, 2016 Fla. LEXIS 885

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059072

Published

stringent "proximate cause” standard in civil cases, § 440.09(1), Fla. Stat.; (5) a heightened burden of proof

THG Rentals & Sales of Clearwater, Inc. v. James C. Arnold

District Court of Appeal of Florida | Filed: Mar 20, 2016 | Docket: 3046108

Published

under this chapter” (emphasis added). And section 440.09(4)(a), Florida Statutes, bars benefits for

Certistaff, Inc. v. Owen

181 So. 3d 1218, 2015 Fla. App. LEXIS 18628, 2015 WL 8529116

District Court of Appeal of Florida | Filed: Dec 11, 2015 | Docket: 60252531

Published

is the MCC of the need for the treatment. See § 440.09(1)(b), Fla. Stat. (2013) (“If an injury arising

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

be the MCC of the need for treatment.1 Compare § 440.09(1), Fla. Stat. (2013) (requiring employer to pay

Tony Joe Leggett v. Barnett Marine, Inc. and Sea Bright etc.

167 So. 3d 480

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2662143

Published

any benefit or payment under this chapter.” Section 440.09(4) bars benefits for an em *482

BROADSPIRE, A Crawford etc. v. James E. Jones

164 So. 3d 708

District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659814

Published

workplace injury, rather than the standard in section 440.09, Florida Statutes (2013), was error. It was

Esad Babahmetovic v. Scan Design Florida Inc/ Zenith Insurance Company

District Court of Appeal of Florida | Filed: May 3, 2015 | Docket: 2654140

Published

the MCC of the need for treatment. 2 Compare § 440.09(1), Fla. Stat. (2013) (requiring 2 This

Clark v. R & L Carriers

151 So. 3d 1291, 2014 Fla. App. LEXIS 20806, 2014 WL 7273933

District Court of Appeal of Florida | Filed: Dec 23, 2014 | Docket: 60244429

Published

benefits as barred under section 440.09(4)(a), Florida Statutes (2012). Section 440.09(4)(a) provides that

Osceola County School Board and Florida, etc. v. Ivonne Pabellon-Nieves

152 So. 3d 733, 2014 WL 6789889

District Court of Appeal of Florida | Filed: Dec 2, 2014 | Docket: 2610741

Published

clarify application of section 440.09(l)(b), Florida Statutes (2009). Section 440.09(l)(b) provides:

Vega v. FRS Environmental Remediators

145 So. 3d 895, 2014 WL 3709762, 2014 Fla. App. LEXIS 11571

District Court of Appeal of Florida | Filed: Jul 28, 2014 | Docket: 60242766

Published

that concludes Claimant is disqualified, under section 440.09(4), Florida Statutes (1998), from all benefits

Levy County Sheriff's Office v. Allen

140 So. 3d 1150, 2014 Fla. App. LEXIS 9970, 2014 WL 2925253

District Court of Appeal of Florida | Filed: Jun 30, 2014 | Docket: 60241388

Published

compensation coverage for that private employment^] § 440.09(l)(a)-(c), Fla. Stat. Finding that Deputy Allen

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

performed in the course and scope of employment.” § 440.09(1), Fla. Stat. (2010). Here, the JCC concluded

Department of Agriculture & Consumer Services v. Anderson

132 So. 3d 900, 2014 Fla. App. LEXIS 1976, 2014 WL 562026

District Court of Appeal of Florida | Filed: Feb 13, 2014 | Docket: 60238572

Published

rejected its partial affirmative defense under section 440.09(5), Florida Statutes (2009). The E/C also argues

Jose v. Goodwill Industries

132 So. 3d 1189, 2014 WL 258859, 2014 Fla. App. LEXIS 729

District Court of Appeal of Florida | Filed: Jan 23, 2014 | Docket: 60238334

Published

performed in the course and scope of employment.” § 440.09(1), Fla. Stat. (2011). To be com-pensable under

Brandywine Convalescent v. Ragoobir

124 So. 3d 344, 2013 WL 5629761, 2013 Fla. App. LEXIS 16492, 38 Fla. L. Weekly Fed. D 2183

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60235453

Published

related to pain as a vocational factor. Under section 440.09(1), Florida Statutes, as amended in 1994, pain

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

2007) (recognizing that the 2003 amendments to section 440.09(l)(b) were intended to "overrule” this court's

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

noncriminal, administrative sanction available under section 440.09(4)(a), Florida Statutes (2005). This overarching

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

employee, Michael Negron. (Emphasis added.) Section 440.09(1), Florida Statutes (2007), provides: “The

Leticia Morales v. Zenith Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2013 | Docket: 2903244

Published

benefits to Morales’s family. See Fla. Stat. § 440.09(1). Accordingly, under Part I of the policy,

Church's Chicken v. Anderson

112 So. 3d 545, 2013 WL 1338699, 2013 Fla. App. LEXIS 5474

District Court of Appeal of Florida | Filed: Apr 4, 2013 | Docket: 60231145

Published

observable must be by medical evidence only....” § 440.09(1), Fla. Stat. (2010). See also Orange County

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

express or implied, oral or written); see also § 440.09(1), Fla. Stat. (2010) (providing that employer

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

express or implied, oral or written); see also § 440.09(1), Fla. Stat. (2010) (providing that employer

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

it could have easily done so as it did in section 440.09(4) for fraud by employees.” Id. at 107 (footnote

Catlin Syndicate 2003 v. Rinkus

43 F. Supp. 3d 1255, 2012 U.S. Dist. LEXIS 190808, 2012 WL 12066977

District Court, S.D. Florida | Filed: Jul 17, 2012 | Docket: 64297014

Published

during the course of his employment. See Fla. Stat. § 440.09(1) (“An employer must pay compensation or furnish

Newick v. Webster Training Center

78 So. 3d 108, 2012 Fla. App. LEXIS 1316, 2012 WL 254938

District Court of Appeal of Florida | Filed: Jan 30, 2012 | Docket: 2360117

Published

of the major contributing cause provision in section 440.09(1)(b), Florida Statutes.1 Id. at 797. In Pearson

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

standard and the criteria for compensability under F.S. 440.09 have been met. 7. I note some confusion in the

Lucas v. ADT Security Inc./Sedgwick CMS

72 So. 3d 270, 2011 Fla. App. LEXIS 16265, 2011 WL 4905742

District Court of Appeal of Florida | Filed: Oct 17, 2011 | Docket: 60303236

Published

intentionally done so is not entitled to benefits. § 440.09(4)(a), Fla. Stat. (2006). Here, the JCC found

Lucas v. ADT Security Inc./Sedgwick CMS

65 So. 3d 616, 2011 Fla. App. LEXIS 11454, 2011 WL 2937309

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 2362266

Published

intentionally done so is not entitled to benefits. § 440.09(4)(a), Fla. Stat. (2006). Here, the JCC found

Florida Department of Transportation v. Rippy

67 So. 3d 1122, 2011 Fla. App. LEXIS 11176, 2011 WL 2753773

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60301934

Published

Florida Statutes (2006), and thus, pursuant to section 440.09(4)(a), Florida Statutes (2006), she was no

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

both medically demonstrated and verified. See § 440.09(1), Fla. Stat. (2007) (providing compensation

Ramos v. Continental Florida Materials & Travelers

62 So. 3d 1, 2011 Fla. App. LEXIS 7740, 2011 WL 2091141

District Court of Appeal of Florida | Filed: May 27, 2011 | Docket: 2361028

Published

accident and his injury, findings relevant to section 440.09, Florida Statutes, which concerns whether an

Stokes v. Schindler Elevator Corp./Broadspire

60 So. 3d 1110, 2011 Fla. App. LEXIS 6601, 2011 WL 1744156

District Court of Appeal of Florida | Filed: May 9, 2011 | Docket: 60300061

Published

admissible in proceedings before the JCC); see also § 440.09(1), Fla. Stat. (2007) (providing occupational

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

2d 978, 981-82 (Fla. 5th DCA 2007) (citing Fla. Stat. 440.09(1)(b)), rev. denied, 980 So.2d 490 (Fla.2008)

Cannino v. Progressive Express Insurance Co.

58 So. 3d 275, 2010 Fla. App. LEXIS 19397, 2010 WL 5129298

District Court of Appeal of Florida | Filed: Dec 17, 2010 | Docket: 60299291

Published

performed in the course and scope of them employment. § 440.09. Like PIP insurance, workers’ compensation insurance

Harman v. Gadsden Correctional Facility

46 So. 3d 1140, 2010 Fla. App. LEXIS 16536, 2010 WL 4273382

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 1927849

Published

initially denied the claim on the ground that section 440.09(1), Florida Statutes (2007), precluded an award

Steel Dynamics Inc.-New Millennium v. Markham

46 So. 3d 641, 2010 Fla. App. LEXIS 16153, 2010 WL 4157257

District Court of Appeal of Florida | Filed: Oct 25, 2010 | Docket: 60296348

Published

receiving all compensation under the provisions of section 440.09(4)(a), Florida Statutes (2007). Because competent

CHARLOTTE COUNTY PUBLIC SCHOOLS v. Gary

41 So. 3d 395, 2010 Fla. App. LEXIS 11108, 2010 WL 3000041

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 2402312

Published

causally related to her compensable accident. See § 440.09(1), Fla. Stat. (2007). Although Claimant's counsel

Hunt v. Corrections Corp. of America

38 So. 3d 173, 2010 Fla. App. LEXIS 6661, 2010 WL 1930125

District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 1659002

Published

exceptions were inapplicable. We disagree. Section 440.09(1), Florida Statutes (2004), provides that

Federal Express Corp./Sedgwick Claims Management Services, Inc. v. Boynton

38 So. 3d 167, 2010 Fla. App. LEXIS 3863, 2010 WL 1076237

District Court of Appeal of Florida | Filed: Mar 25, 2010 | Docket: 1816855

Published

aggravation of a preexisting condition pursuant to section 440.09(1)(b), Florida Statutes (2001), and awarded

BROADSPIRE v. Rose

24 So. 3d 694, 2009 Fla. App. LEXIS 19993, 2009 WL 4912600

District Court of Appeal of Florida | Filed: Dec 22, 2009 | Docket: 1152025

Published

regarding Claimant’s current condition. Analysis Section 440.09(1), Florida Statutes (2008), requires: The

Ruiz v. BellSouth Credit and Collections

994 So. 2d 1220, 2008 WL 4899168

District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 1218133

Published

objective medical evidence requirement found in section 440.09(1), Florida Statutes (2005), did not prohibit

Speed v. SECURITAS USA

989 So. 2d 710, 2008 WL 3912577

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 1211752

Published

claim, but, rather, the JCC should have applied section 440.09(1), Florida Statutes (2003). For the reasons

Huff v. Loral American Beryllium Co.

967 So. 2d 244, 2007 WL 2456200

District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 1733626

Published

based on objective relevant medical findings." § 440.09(1), Fla. Stat. (2005). Objective medical findings

St. Lucie County School Board v. Richards

973 So. 2d 1162, 2007 Fla. App. LEXIS 6477, 2007 WL 1238599

District Court of Appeal of Florida | Filed: Apr 30, 2007 | Docket: 64853861

Published

cause of the disability or need for treatment. § 440.09(l)(b), Fla. Stat. (2003); Checkers Rest. v. Wiethoff

Coca-Cola Bottling Co. v. Perdue

955 So. 2d 73, 2007 Fla. App. LEXIS 5187, 2007 WL 1037386

District Court of Appeal of Florida | Filed: Apr 9, 2007 | Docket: 64850402

Published

written opinion. . Under the 2003 amendment to section 440.09(1), Florida Statutes, the major contributing

Tokio Marine Management () v. Pizon

957 So. 2d 1, 2006 WL 3751563

District Court of Appeal of Florida | Filed: Dec 22, 2006 | Docket: 142709

Published

So.2d 348, 350 (Fla. 1st DCA 2006) (en banc); § 440.09(1)(b), Fla. Stat. (1999). Although Checkers was

Tice v. ALBERTSON'S

940 So. 2d 1253, 2006 WL 3102987

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 2584976

Published

contributing cause of her need for treatment under section 440.09(1)(b), Florida Statutes (2002). See City of

Nelco Companies v. Lott

937 So. 2d 1219, 2006 Fla. App. LEXIS 15476, 2006 WL 2682556

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 64846888

Published

prevented the E/C from raising the defense of section 440.09(4), Florida Statutes (2004). We va*1220cate

Restoration Technology v. Reyes

936 So. 2d 1187, 2006 Fla. App. LEXIS 14448, 2006 WL 2482451

District Court of Appeal of Florida | Filed: Aug 30, 2006 | Docket: 64846454

Published

impulsive act, we would reject benefits under section 440.09, Florida Statutes.... [W]e adopt the holding

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

Overlay’s employees installed ceiling tiles. Under section 440.09(1), Florida Statutes (2004), “[t]he employer

Citrus County School Board v. Carlucci

928 So. 2d 468, 2006 Fla. App. LEXIS 6532, 2006 WL 1152660

District Court of Appeal of Florida | Filed: May 3, 2006 | Docket: 64844563

Published

claimant’s entitlement to further benefits under section 440.09(l)(b), Florida Statutes. This was error. See

Quiroz v. Health Cent. Hosp.

929 So. 2d 563, 2006 WL 908433

District Court of Appeal of Florida | Filed: Apr 11, 2006 | Docket: 1727030

Published

pending petitions with prejudice. ANALYSIS Section 440.09(4), Florida Statutes (2002), provides that

Polston v. Hurricane Island Outward Bound

920 So. 2d 766, 2006 Fla. App. LEXIS 1740, 2006 WL 317004

District Court of Appeal of Florida | Filed: Feb 13, 2006 | Docket: 64842359

Published

requesting “a determination pursuant to Fla. Stat. 440.09(4) whether the Employee/Claimant has knowingly

Protegrity Services, Inc. v. Vaccaro

909 So. 2d 445, 2005 Fla. App. LEXIS 13283, 2005 WL 2016672

District Court of Appeal of Florida | Filed: Aug 24, 2005 | Docket: 64840154

Published

performed in the course and the scope of employment.” § 440.09(1), Fla. Stat. However, courts recognize an intentional

Ago

Florida Attorney General Reports | Filed: Feb 9, 2005 | Docket: 3256265

Published

Statutes, is the Workers' Compensation Law.1 Section 440.09(1), Florida Statutes, provides that the employer

Twin Cities Hospital v. Cantrell

894 So. 2d 1038, 2005 Fla. App. LEXIS 514, 2005 WL 124235

District Court of Appeal of Florida | Filed: Jan 24, 2005 | Docket: 64836255

Published

cause of the disability or need for treatment.” § 440.09(l)(b), Fla. Stat. (2001). Because the JCC’s finding

Simpson v. American Custom Interiors

911 So. 2d 794, 2004 Fla. App. LEXIS 20240, 2004 WL 3015251

District Court of Appeal of Florida | Filed: Dec 30, 2004 | Docket: 64840485

Published

VAN NORTWICK and PADOVANO, JJ., Concur. . Section 440.09(4) denies workers’ compensation benefits to

Allen v. Department of Financial Services

889 So. 2d 854, 2005 A.M.C. 515, 2004 Fla. App. LEXIS 17918, 2004 WL 2726018

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 64835140

Published

with the Amended Stop Work and Penalty Order. Section 440.09, Florida Statutes (2001), provides: (1) The

European Marble Co. v. Robinson

885 So. 2d 502, 2004 Fla. App. LEXIS 16621, 2004 WL 2481360

District Court of Appeal of Florida | Filed: Nov 5, 2004 | Docket: 64833734

Published

was occasioned primarily by [his] intoxication,” § 440.09(7)(b), Fla. Stat. (2002), and uphold her decision

Adamides v. City of Miami

885 So. 2d 955, 2004 Fla. App. LEXIS 17306, 2004 WL 2402519

District Court of Appeal of Florida | Filed: Oct 28, 2004 | Docket: 64833895

Published

City of Miami, we affirm on the authority of section 440.09(4), Florida Statutes (1969). We also affirm

Lias v. Anderson & Shah Roofing, Inc.

867 So. 2d 599, 2004 Fla. App. LEXIS 2676, 2004 WL 400807

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 64828658

Published

JCC applied the presumption available under section 440.09(7), Florida Statutes, that the injury was primarily

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

reasons for his determination, I would affirm. . Section 440.09(l)(b), Florida Statutes (2000), provides: If

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

statutory duty to provide coverage. As stated in section 440.09(1), Florida Statutes (1981), "Compensation

O'Leary v. USA Waste Management

863 So. 2d 367, 2003 Fla. App. LEXIS 18677, 2003 WL 22880497

District Court of Appeal of Florida | Filed: Dec 8, 2003 | Docket: 64827466

Published

disqualified from receiving benefits pursuant to section 440.09(4), Florida Statutes. In making this finding

Sewell v. Dove Healthcare & Associated Industries Insurance Co.

857 So. 2d 265, 2003 Fla. App. LEXIS 13584, 2003 WL 22080756

District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 64825867

Published

causation by clear and convincing evidence. See § 440.09(1), Fla. Stat. (1999). This ruling has not been

Cromartie v. City of St. Petersburg

840 So. 2d 372, 2003 Fla. App. LEXIS 3481, 2003 WL 1203415

District Court of Appeal of Florida | Filed: Mar 18, 2003 | Docket: 64821331

Published

also set forth in paragraph forty-one that section 440.09(1), Florida Statutes, provides that “mental

State v. Calabrese

840 So. 2d 1068, 2003 Fla. App. LEXIS 886, 2003 WL 201316

District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 64821588

Published

workers’ compensation claim was based upon section 440.09(l)(b), which provides: If an injury arising

Lias v. Anderson & Shah Roofing, Inc.

831 So. 2d 1236, 2002 Fla. App. LEXIS 18203, 2002 WL 31769147

District Court of Appeal of Florida | Filed: Dec 12, 2002 | Docket: 64819376

Published

erroneously applied the rebuttable presumption in section 440.09(7)(b), requiring Claimant to prove by clear

Hanson v. Gimrock Construction, Inc.

807 So. 2d 167, 2002 A.M.C. 748, 2002 Fla. App. LEXIS 1418, 2002 WL 215274

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 64812435

Published

compensation claim almost certainly did not lie, see § 440.09(2), Fla. Stat. (1994); Brown v. Glabvo Dredging

Liberty Mutual Insurance Co. v. Prather

810 So. 2d 976, 2002 Fla. App. LEXIS 1117, 2002 WL 181273

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 64813230

Published

Compensation Claims (JCC) lacked jurisdiction to apply section 440.09(4), Florida Statutes, to this worker’s compensation

Mitchell v. South Florida Baptist Hospital

805 So. 2d 80, 2002 Fla. App. LEXIS 262, 2002 WL 63409

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 64811767

Published

demonstrated by clear and convincing evidence.” § 440.09(1), Fla. Stat. (1999); McKesson Drug Co. v. Williams

Pasco County School Board v. Angle

795 So. 2d 178, 2001 Fla. App. LEXIS 12841, 2001 WL 1035955

District Court of Appeal of Florida | Filed: Sep 11, 2001 | Docket: 64808788

Published

therefor. Appellants contend . that, pursuant to section 440.09(4)1, Florida Statutes, the claimant is not

Zurich American Insurance v. Lawhorn

789 So. 2d 536, 2001 Fla. App. LEXIS 10179, 2001 WL 822831

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 64806748

Published

employment contract *537was made in Florida. See § 440.09(l)(d), Fla. Stat. (1997); Miller Contracting Co

ESTATE OF REYES EX REL. REYES v. Parsons Brinckerhoff Construction Services, Inc.

784 So. 2d 514, 2001 WL 388043

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 2539827

Published

practices of the employer, i.e., Odebrecht. See § 440.09(6), Fla.Stat. Nowhere in the contract did defendant

Myers v. Williams

770 So. 2d 1246, 2000 Fla. App. LEXIS 13710, 2000 WL 1567855

District Court of Appeal of Florida | Filed: Oct 23, 2000 | Docket: 64801607

Published

incorrect interpretation of section 440.09, Florida Statutes (1995). Section 440.09, Florida Statutes (1995)

Loyed v. Hillsborough County School Board

765 So. 2d 731, 2000 Fla. App. LEXIS 5720, 2000 WL 575233

District Court of Appeal of Florida | Filed: May 15, 2000 | Docket: 64799852

Published

by a “reasonable degree of medical certainty.” § 440.09(1), Fla. Stat. (1995). The determination of the

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

PTSD was a manifestation of his shoulder injury. § 440.09(1), Fla. Stat. (1997). REVERSED and REMANDED for

City of Tallahassee v. Scott

751 So. 2d 1287, 2000 Fla. App. LEXIS 2924, 2000 WL 282563

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 64795390

Published

of major contributing cause as embodied in section 440.09(l)(b), Florida Statutes (1997). In the decision

John Fayard Fast Freight v. Ellis

749 So. 2d 1274, 2000 Fla. App. LEXIS 1346, 2000 WL 158510

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 64794479

Published

cardiac event and resulting death, as required by section 440.09(l)(b), Florida Statutes (1995). See Mangold

Griffith v. Brown & Root Industrial Service

736 So. 2d 102, 1999 Fla. App. LEXIS 8275, 1999 WL 410318

District Court of Appeal of Florida | Filed: Jun 22, 1999 | Docket: 64789059

Published

was error to award further medical treatment. § 440.09(l)(b), Fla. Stat. (Supp.1994). The denial of the

Wal-Mart Store 0649 v. Kirksey

728 So. 2d 268, 1999 Fla. App. LEXIS 816, 1999 WL 35543

District Court of Appeal of Florida | Filed: Jan 29, 1999 | Docket: 64786768

Published

contributing cause” of claimant’s medical condition. § 440.09(1), Fla. Stat.; Orange County MIS Dept. v. Hak

City of North Bay Village v. Millerick

721 So. 2d 1230, 1998 Fla. App. LEXIS 15969, 1998 WL 883281

District Court of Appeal of Florida | Filed: Dec 21, 1998 | Docket: 1323293

Published

agent then filed a timely notice of appeal. Section 440.09(1), Florida Statutes, limits an employee's

Fcci Fund (Feisco) v. Cayce's Excavation

726 So. 2d 778, 1998 Fla. App. LEXIS 12911, 1998 WL 716705

District Court of Appeal of Florida | Filed: Oct 15, 1998 | Docket: 1711577

Published

709 So.2d 657 (Fla. 1st DCA 1998): In fact, section 440.09(2), Florida Statutes, expressly precludes receipt

Family Dollar Stores v. Henderson

718 So. 2d 931, 1998 Fla. App. LEXIS 12744, 1998 WL 681300

District Court of Appeal of Florida | Filed: Oct 5, 1998 | Docket: 64783416

Published

proof for workers’ compensation claimants. Section 440.09(1), Florida Statutes establishes this new standard

Clinch v. Rinker Materials, Inc.

711 So. 2d 1386, 1998 Fla. App. LEXIS 7884, 1998 WL 347610

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 64781269

Published

claimant had failed to prove, as required by section 440.09, Florida Statutes (1994), that the work-related

Blight v. Commercial Carrier

711 So. 2d 215, 1998 Fla. App. LEXIS 5577, 1998 WL 251447

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 64781081

Published

contributing cause of the need for treatment. § 440.09, Fla. Stat. (Supp.1994).

Monier, Inc. v. Gasper

712 So. 2d 411, 1998 Fla. App. LEXIS 4859, 1998 WL 216050

District Court of Appeal of Florida | Filed: May 5, 1998 | Docket: 64781307

Published

Appellee benefits for psychiatric treatment under section 440.09(1), Florida Statutes. Appellee concedes that

Leon County School Board v. Green

711 So. 2d 86, 1998 Fla. App. LEXIS 3812, 1998 WL 171086

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 64781044

Published

to show [pri- or to the 1993 amendments to section 440.09, Florida Statutes (Supp.1994) ] that the industrial

Leon County School Board v. Green

711 So. 2d 86, 1998 Fla. App. LEXIS 3812, 1998 WL 171086

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 64781044

Published

to show [pri- or to the 1993 amendments to section 440.09, Florida Statutes (Supp.1994) ] that the industrial

Chiang v. Wildcat Groves, Inc.

703 So. 2d 1083, 1997 Fla. App. LEXIS 11529, 1997 WL 634125

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64777895

Published

Id. at 184. We held, however, in reliance on section 440.09(1), that “[tjhat remedy is not available where

Stepanek v. Rinker Materials Corp.

697 So. 2d 200, 1997 Fla. App. LEXIS 8654, 1997 WL 402109

District Court of Appeal of Florida | Filed: Jul 21, 1997 | Docket: 64775127

Published

intoxication primarily caused his injury, pursuant to section 440.09(7)(b), Florida Statutes (1995). The JCC concluded

Consultants & Designers v. Brown

697 So. 2d 1228, 1997 Fla. App. LEXIS 7254, 1997 WL 352893

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 64775361

Published

major contributing cause of her hip condition. See § 440.09(1)(a), Fla. Stat. (Supp.1994); Mangold v. Rainforest

ABC Liquors, Inc. v. Acree

695 So. 2d 813, 1997 Fla. App. LEXIS 5666, 1997 WL 274260

District Court of Appeal of Florida | Filed: May 27, 1997 | Docket: 64774311

Published

consolidated.1 Recently clarifying the scope of section 440.09(4), Florida Statutes (1995), we left undiminished

Ferris v. Pick Kwik Food Stores, Inc.

677 So. 2d 414, 1996 Fla. App. LEXIS 8215, 1996 WL 434527

District Court of Appeal of Florida | Filed: Aug 5, 1996 | Docket: 64766332

Published

standard in effect prior to the 1994 amendments to section 440.09(1). Having thoroughly reviewed the record,

J & J Baker Enterprises v. Gaylord

676 So. 2d 67, 1996 Fla. App. LEXIS 7044, 1996 WL 378506

District Court of Appeal of Florida | Filed: Jul 9, 1996 | Docket: 64766002

Published

based upon the intoxication presumption in section 440.09(3), Florida Statutes (1991).1 We agree with

Regency Electric Co. v. Honrath

673 So. 2d 897, 1996 Fla. App. LEXIS 4590, 1996 WL 225706

District Court of Appeal of Florida | Filed: May 7, 1996 | Docket: 64764716

Published

reverse and remand. Pursuant to the provisions of section 440.09(1), Florida Statutes (1991), an employee injured

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

arising out of and in the course of employment.” § 440.09, Fla. Stat. (1991). Subsection 440.02(17), Florida

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

assert that the term “compensation” as used in section 440.09(3), Florida Statutes (1991), includes both

Domino's Pizza v. Gibson

654 So. 2d 638, 1995 Fla. App. LEXIS 4986, 1995 WL 264122

District Court of Appeal of Florida | Filed: May 9, 1995 | Docket: 64756106

Published

affirm. In Florida Tile, this court construed section 440.09(3), Florida Statutes, saying: This statute

391st Bomb Group v. Robbins

654 So. 2d 1200, 1995 Fla. App. LEXIS 4196, 1995 WL 232511

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 64756341

Published

precluded from compensation. This appeal followed. Section 440.09(1), Florida Statutes (1993), states in part

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

otherwise. In all other respects, we affirm the order. § 440.09(4), Fla.Stat. (1991). Claimant, a heavy equipment

Johnson v. Florida Senior Residence

642 So. 2d 104, 1994 Fla. App. LEXIS 8661, 1994 WL 478712

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 64750637

Published

Historic Woodfield Inn, a North Carolina property. Section 440.09(1), Florida Statutes, extends jurisdiction

Brooks v. Eastern Airlines, Inc.

634 So. 2d 809, 1994 Fla. App. LEXIS 3218, 19 Fla. L. Weekly Fed. D 764

District Court of Appeal of Florida | Filed: Apr 7, 1994 | Docket: 64747425

Published

that the JCC correctly awarded the offset. Section 440.09(1), Florida Statutes (1983), provides that

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

of a successful claim against the employer. Section 440.09, Florida Statutes (1991), states that to come

De Arce v. Perez

623 So. 2d 829, 1993 Fla. App. LEXIS 9092, 1993 WL 337471

District Court of Appeal of Florida | Filed: Sep 7, 1993 | Docket: 64698545

Published

421 (Fla. 3d DCA 1961); Fla.R.Civ.P. 1.510(e); § 440.09(1), Fla.Stat. (1989).

City of Miami v. Hammond

614 So. 2d 1205, 1993 Fla. App. LEXIS 2437, 1993 WL 57715

District Court of Appeal of Florida | Filed: Mar 8, 1993 | Docket: 64694740

Published

accident occurred prior to July 1, 1973, the date section 440.09(4), Florida Statutes, was repealed.

City of Miami v. Harrison

608 So. 2d 577, 1992 Fla. App. LEXIS 11928, 1992 WL 340148

District Court of Appeal of Florida | Filed: Nov 24, 1992 | Docket: 64692077

Published

took place prior to the July 1, 1973 repeal of Section 440.09(4), Florida Statutes, this case is controlled

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

after June 30, 1973, the last effective date of section 440.09(4), Florida Statutes (1957), repealed by chapter

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

after June 30, 1973, the last effective date of section 440.09(4), Florida Statutes (1957), repealed by chapter

City of Miami v. Levi

599 So. 2d 776, 1992 Fla. App. LEXIS 6989, 17 Fla. L. Weekly Fed. D 1481

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 64667760

Published

1,1973, the effective date of the repeal of section 440.09(4), Florida Statutes, then the City was entitled

City of Miami v. Levi

599 So. 2d 776, 1992 Fla. App. LEXIS 6989, 17 Fla. L. Weekly Fed. D 1481

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 64667760

Published

1,1973, the effective date of the repeal of section 440.09(4), Florida Statutes, then the City was entitled

City of Miami v. Lillard

596 So. 2d 527, 1992 Fla. App. LEXIS 4461, 1992 WL 74969

District Court of Appeal of Florida | Filed: Apr 10, 1992 | Docket: 64666398

Published

took place prior to the July 1, 1973 repeal of section 440.09(4), Florida Statutes, this case is controlled

City of Miami v. Holland

596 So. 2d 524, 1992 Fla. App. LEXIS 4077, 1992 WL 67923

District Court of Appeal of Florida | Filed: Apr 6, 1992 | Docket: 64666395

Published

took place prior to the July 1, 1973 repeal of Section 440.09(4), Florida Statutes, this case is controlled

City of Miami v. Lokos

593 So. 2d 1182, 1992 Fla. App. LEXIS 1329, 1992 WL 25794

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 64665384

Published

took place prior to the July 1, 1973 repeal of Section 440.09(4), Florida Statutes, this case is controlled

City of Miami v. Ventura

593 So. 2d 1182, 1992 Fla. App. LEXIS 1328, 1992 WL 25793

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 64665383

Published

took place prior to the July 1, 1973 repeal of Section 440.09(4), Florida Statutes, this case is controlled

Bay Automotive v. Allaire

593 So. 2d 589, 1992 Fla. App. LEXIS 925, 1992 WL 21087

District Court of Appeal of Florida | Filed: Feb 7, 1992 | Docket: 64665269

Published

intention of [claimant] to injure or kill himself....” § 440.09(3), Fla.Stat. (1989). From the evidence presented

City of Miami v. Gates

592 So. 2d 749, 1992 WL 4085

District Court of Appeal of Florida | Filed: Jan 14, 1992 | Docket: 64664735

Published

provision in the workers’ compensation law, see § 440.09(4), Fla.Stat. (1971), beginning with its enactment

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

clearly, in a proper case, the provisions of Section 440.09(3), supra, should be given full force and effect

Cabell v. Spirco Environmental, Inc.

579 So. 2d 838, 1991 Fla. App. LEXIS 4651, 1991 WL 75642

District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 64658802

Published

C.J., and BOOTH and ALLEN, JJ., concur. . See § 440.09(1), Fla.Stat. (1987), which provides that “[w]here

D.L. Cullifer & Son, Inc. v. Martinez

572 So. 2d 1360, 15 Fla. L. Weekly Supp. 656, 1990 Fla. LEXIS 1780, 1990 WL 252106

Supreme Court of Florida | Filed: Dec 20, 1990 | Docket: 64655854

Published

behavior under the circumstances.” Id. Under section 440.09(1), Florida Statutes (1987), workers’ compensation

Stephens v. Gencorp, Inc.

549 So. 2d 1051, 14 Fla. L. Weekly 2083, 1989 Fla. App. LEXIS 4925, 1989 WL 101248

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 64645357

Published

in the course of the employee’s employment. See § 440.09(1), Fla.Stat. (1987). Thus, it does not matter

Spleen v. Rogers Group, Inc.

548 So. 2d 740, 14 Fla. L. Weekly 1993, 1989 Fla. App. LEXIS 4758, 1989 WL 97713

District Court of Appeal of Florida | Filed: Aug 24, 1989 | Docket: 64644815

Published

have to guide us are the “aggressor” rule of section 440.-09(3), Florida Statutes, “No compensation shall

Star Insulation v. Kennington

544 So. 2d 301, 14 Fla. L. Weekly 1296, 1989 Fla. App. LEXIS 3057, 1989 WL 57859

District Court of Appeal of Florida | Filed: May 26, 1989 | Docket: 64642885

Published

injured at the job site a few weeks later. ⅛ Section 440.09(1), Florida Statutes (1987), provides in pertinent

J.L. Manta, Inc. v. Ramos

526 So. 2d 919, 13 Fla. L. Weekly 918, 1988 Fla. App. LEXIS 1481, 1988 WL 31699

District Court of Appeal of Florida | Filed: Apr 12, 1988 | Docket: 64635454

Published

Florida, therefore meeting the requirements of section 440.09, Florida Statutes, and entitling the claimant

Garcia v. Public Health Trust

841 F.2d 1062

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 1988 | Docket: 66233127

Published

limiting the liability of employers for accidents. Section 440.09 of the Florida Statutes provides in pertinent

Advanced R & D, Inc. v. Martin

512 So. 2d 251, 12 Fla. L. Weekly 2025, 1987 Fla. App. LEXIS 9973

District Court of Appeal of Florida | Filed: Aug 19, 1987 | Docket: 64629259

Published

Florida Workers’ Compensation Act, relying on section 440.09(1), Florida Statutes (1985). Appellant, Advanced

Mayhew v. Kelly-Johnston Enterprises

507 So. 2d 1189, 12 Fla. L. Weekly 1370, 1987 Fla. App. LEXIS 8461

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 64627480

Published

interested in seeing the Chi-Chi’s operation. Section 440.09(1), Florida Statutes (1983), provides that

Hudson v. Wekiva Golf Club

503 So. 2d 453, 12 Fla. L. Weekly 712, 1987 Fla. App. LEXIS 7157

District Court of Appeal of Florida | Filed: Mar 5, 1987 | Docket: 64625470

Published

primarily by claimant’s intoxication, pursuant to Section 440.-09(3), Florida Statutes, is supported by competent

Hudson v. Wekiva Golf Club

503 So. 2d 453, 12 Fla. L. Weekly 712, 1987 Fla. App. LEXIS 7157

District Court of Appeal of Florida | Filed: Mar 5, 1987 | Docket: 64625470

Published

primarily by claimant’s intoxication, pursuant to Section 440.-09(3), Florida Statutes, is supported by competent

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

not safety regulations within the meaning of Section 440.09(4), Florida Statutes. The parties agree that

Ferraro v. Marr

467 So. 2d 809, 10 Fla. L. Weekly 1077, 1985 Fla. App. LEXIS 13675

District Court of Appeal of Florida | Filed: Apr 24, 1985 | Docket: 64611495

Published

arose out of and in the course of his employment. § 440.09(1), Fla.Stat. (1981). . The jury has resolved

Orlando Waste Paper Co. v. Meadows

460 So. 2d 434, 9 Fla. L. Weekly 2402, 1984 Fla. App. LEXIS 16387

District Court of Appeal of Florida | Filed: Nov 16, 1984 | Docket: 64608617

Published

death, and (2) that the presumption created by § 440.09(3), Fla.Stat. that the employee’s death was occasioned

C.A. Meyer Paving & Construction v. McFalls

453 So. 2d 912, 9 Fla. L. Weekly 1715, 1984 Fla. App. LEXIS 14487

District Court of Appeal of Florida | Filed: Aug 8, 1984 | Docket: 64606237

Published

competent evidence to rebut the presumption of section 440.09(3), Florida Statutes. We reverse. Billy Lee

Hopkins v. Diversified Steel Services

452 So. 2d 144, 1984 Fla. App. LEXIS 13740

District Court of Appeal of Florida | Filed: Jun 26, 1984 | Docket: 64605643

Published

was the aggressor in a fight. In either case, Section 440.09(3), Florida Statutes (1983) precludes compensation

Smart v. Marathon Seafood

444 So. 2d 48, 1983 Fla. App. LEXIS 25434

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 64602272

Published

deputy commissioner lacked jurisdiction under section 440.09(2), Florida Statutes (1977)1 because the claimant’s

Peters v. RCA International Service Corp.

417 So. 2d 829, 1982 Fla. App. LEXIS 20826

District Court of Appeal of Florida | Filed: Aug 5, 1982 | Docket: 64591548

Published

jurisdiction ...” 42 U.S.C. § 1651(c). Further, Section 440.-09(2), Florida Statutes, specifically excludes

Ago

Florida Attorney General Reports | Filed: Apr 30, 1982 | Docket: 3256466

Published

Road Department, 171 So.2d 523 (Fla. 1965). Section 440.09(1), F.S., provides, in pertinent part, that

Florida Farm Bureau Ins. v. Barrett

399 So. 2d 993, 1981 Fla. App. LEXIS 19753

District Court of Appeal of Florida | Filed: May 13, 1981 | Docket: 64583310

Published

Chapter 440 and that coverage was not excluded by Section 440.09(2), Florida Statutes (1977), as amended by

Halphen v. Western Contracting Corp.

389 So. 2d 1254, 1980 Fla. App. LEXIS 18058

District Court of Appeal of Florida | Filed: Nov 17, 1980 | Docket: 64578739

Published

approving settlement based on the same accident. Section 440.09(2) provides that “no compensation shall be

George A. Fuller Co. v. Chastain

388 So. 2d 284, 1980 Fla. App. LEXIS 17653

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64578174

Published

was made in New York rather than in Florida. Section 440.09(1), F.S. (1977) provides coverage for an out-of-state

Brown v. Glabvo Dredging Contractors

386 So. 2d 53, 1980 Fla. App. LEXIS 16801

District Court of Appeal of Florida | Filed: Jul 23, 1980 | Docket: 64577437

Published

when recovery is possible under the Jones Act. Section 440.09(2), Florida Statutes (1979). Likewise, Louisiana

R. P. Hewitt & Associates of Florida, Inc. v. Murnighan

382 So. 2d 353, 1980 Fla. App. LEXIS 16402

District Court of Appeal of Florida | Filed: Mar 12, 1980 | Docket: 64575536

Published

ap-pellee’s accident was compensable. According to § 440.09(3), Fla.Stat. (1977): If there was at the time

City of Miami v. Olson

327 So. 2d 888, 1976 Fla. App. LEXIS 14764

District Court of Appeal of Florida | Filed: Feb 10, 1976 | Docket: 64552706

Published

stipulation, took the position that pursuant to § 440.09(4),2 Fla.Stat. and local municipal *890ordinance

Hall v. Hughes

286 So. 2d 568, 1973 Fla. LEXIS 4169

Supreme Court of Florida | Filed: Oct 31, 1973 | Docket: 64535965

Published

in the Commission’s interpretation of Fla.Stat. § 440.09(1), F.S.A., the pertinent part of which is as

Carter v. Tom Carter's Wheels, Inc.

257 So. 2d 529, 1972 Fla. LEXIS 4013

Supreme Court of Florida | Filed: Jan 26, 1972 | Docket: 64524254

Published

therefore the intoxication provision of Florida Statute 440.09(3) does not apply. “Finally, in connection

City of Miami v. Watkins

237 So. 2d 71, 1970 Fla. App. LEXIS 6098

District Court of Appeal of Florida | Filed: Jun 16, 1970 | Docket: 64515168

Published

stated that: “The plain meaning of the language of § 440.09(4), Fla.Stat., F.S.A. is that the City of Miami

Hanover Insurance Co. v. Florida Industrial Commission

234 So. 2d 661, 1970 Fla. LEXIS 2788

Supreme Court of Florida | Filed: Apr 22, 1970 | Docket: 64514399

Published

Compensation Law was applicable, under Florida Statutes § 440.09(1), F.S.A.: “Where an accident happens while the

City of West Palm Beach v. Holaday

234 So. 2d 24, 1970 Fla. App. LEXIS 6472

District Court of Appeal of Florida | Filed: Apr 10, 1970 | Docket: 64514087

Published

of art. I, § 16(14) of the City Charter and Section 440.09(4), Florida Statutes 1967, F.S.A., reduced

City of Miami v. Clark

223 So. 2d 387, 1969 Fla. App. LEXIS 5679

District Court of Appeal of Florida | Filed: Jun 3, 1969 | Docket: 64510130

Published

that case: “The plain meaning of the language of § 440.09(4), Fla.Stat., F.S.A. is that the City of Miami

Greenberg v. Creative Group Advertising

219 So. 2d 433, 1969 Fla. LEXIS 2474

Supreme Court of Florida | Filed: Feb 12, 1969 | Docket: 64508609

Published

this be said to be a part of the sidewalk. Section 440.09, Florida Statutes, F.S.A., is in part: “Compensation

City of Miami v. Herndon

209 So. 2d 487, 1968 Fla. App. LEXIS 5656

District Court of Appeal of Florida | Filed: Apr 23, 1968 | Docket: 64504911

Published

Code, is illegal, void, and conflicts with Florida Statute 440.09(4).” The City of Miami as appellant urges

Gross v. Rudy's Stone Co.

179 So. 2d 603, 1965 Fla. App. LEXIS 3796

District Court of Appeal of Florida | Filed: Oct 22, 1965 | Docket: 64494557

Published

injury, except as provided in subsection (3) of § 440.09.” Fla.Stat., Sec. 440.11, F.S.A., states, in part

Vandiver v. Watford

178 So. 2d 195, 1965 Fla. LEXIS 3133

Supreme Court of Florida | Filed: Jul 7, 1965 | Docket: 64494075

Published

other similar stimulants is within the scope of F.S. 440.09(3), F.S.A. It is very doubtful that respondents’

Lee v. Florida Pine & Cypress

157 So. 2d 513

Supreme Court of Florida | Filed: Oct 23, 1963 | Docket: 60216523

Published

recovery, *516except as provided in subsection (3) of § 440.09, Florida Statutes, F.S.A., and there is no showing

Heath v. Thomas Lumber Co.

140 So. 2d 865, 1962 Fla. LEXIS 2870

Supreme Court of Florida | Filed: May 9, 1962 | Docket: 60204539

Published

been repeatedly told to avoid over-exertion.” Section 440.09, Florida Statutes, F.S.A., provides, in part

United States Fidelity & Guaranty Co v. Rowe

126 So. 2d 737

Supreme Court of Florida | Filed: Feb 8, 1961 | Docket: 60196667

Published

course of employment”, within the meaning of Section 440.09, Florida Statutes, F.S.A., and whether the

Johnson Drug Co. v. Thaxton

121 So. 2d 158

Supreme Court of Florida | Filed: Feb 17, 1960 | Docket: 60195014

Published

see another physician. Under the authority of Section 440.09 (1), F.S.A. the deputy ordered an award of

Petersen v. Ray-Hof Agencies, Inc.

117 So. 2d 497

District Court of Appeal of Florida | Filed: Jan 12, 1960 | Docket: 60194177

Published

the premise that his claim meets the test of Section 440.09, Florida Statutes, F.S.A., which provides in

Tucker Taxi, Inc. v. Schofield

107 So. 2d 188

District Court of Appeal of Florida | Filed: Dec 2, 1958 | Docket: 60191339

Published

the Deputy Commissioner dismissed the claim. Section 440.09(3), Florida Statutes, F.S.A., provides: “No

Tampa Ship Repair & Dry Dock Co. v. Jordan

107 So. 2d 40

District Court of Appeal of Florida | Filed: Nov 26, 1958 | Docket: 60191414

Published

said cause. Workmen’s Compensation Law, F.S.A. § 440.09, provides that the employee is entitled to the

Alan Wright Funeral Homes, Inc. v. Simpson

93 So. 2d 375, 1957 Fla. LEXIS 3736

Supreme Court of Florida | Filed: Mar 6, 1957 | Docket: 64488864

Published

“arising out of and in the course of employment.” Section 440.09 (1), Florida Statutes 1955, F.S.A. The test

Bailey's Auto Service v. Mitchell

85 So. 2d 228

Supreme Court of Florida | Filed: Feb 3, 1956 | Docket: 64487584

Published

out of and in the course of employment.” See Section 440.09, Florida Statutes, F.S.A. The Deputy and the

White v. C. H. Lyne Foundry & Machine Co.

74 So. 2d 538, 1954 Fla. LEXIS 1128

Supreme Court of Florida | Filed: Sep 3, 1954 | Docket: 64485943

Published

him from recovery in contemplation of F.S. Section 440.09(3), F.S.A., the pertinent part of which provides

Philbrick Ambulance Service, Inc. v. Buff

73 So. 2d 273, 1954 Fla. LEXIS 1520

Supreme Court of Florida | Filed: Jun 4, 1954 | Docket: 64485648

Published

commissioner was whether recovery was barred (by section 440.09 Fla. Stat., F.S.A.) because the injuries were

Butler v. Morgan Ex Rel. Harris

24 So. 2d 571, 157 Fla. 1, 1946 Fla. LEXIS 641

Supreme Court of Florida | Filed: Jan 29, 1946 | Docket: 3267399

Published

Workmen's Compensation Act. "The carrier under Section 440.09, Florida Statutes 1941, contends that the deceased