| History:
It is the intent of the Legislature that the Workers' Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer. It is the specific intent of the Legislature that workers' compensation cases shall be decided on their merits. The workers' compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike. In addition, it is the intent of the Legislature that the facts in a workers' compensation case are not to be interpreted liberally in favor of either the rights of the injured worker or the rights of the employer. Additionally, the Legislature hereby declares that disputes concerning the facts in workers' compensation cases are not to be given a broad liberal construction in favor of the employee on the one hand or of the employer on the other hand, and the laws pertaining to workers' compensation are to be construed in accordance with the basic principles of statutory construction and not liberally in favor of either employee or employer. It is the intent of the Legislature to ensure the prompt delivery of benefits to the injured worker. Therefore, an efficient and self-executing system must be created which is not an economic or administrative burden. The department, agency, the Office of Insurance Regulation, the Department of Education, and the Division of Administrative Hearings shall administer the Workers' Compensation Law in a manner which facilitates the self-execution of the system and the process of ensuring a prompt and cost-effective delivery of payments.
History.--s. 8, ch. 90-201; s. 6, ch. 91-1; s. 1, ch. 93-415; s. 10, ch. 2002-194; s. 466, ch. 2003-261.
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Relevant Case Law
Note: Employer cannot deny work comp then later claim exclusive remedy when sued in tort.
Note: Insurer must comply with managed care procedures or else waive right to claim injured party must exhaust grievance procedures.
Note: The Frye standard applies to workers compensation cases.
Note: When claimant requests medical treatment and is denied after an adequate period of time, he can get treatment and be reimbursed by the E/C.
Note: Tortious acts that rise to the level of IIED may fall outside the scope of workers comp immunity.
Note: If an argument was ripe for litigation at prior hearing but wasn't raised, it is barred by the doctrine of res judicata.
Note: No reasonable expectation of privacy with medical records in workers comp cases between E/C and doctor(s).
Note: For purposes of limiting rehabilitive care by a family member to 12 hours a day, a stepdaughter does not qualify as a family member.
Note: An expert witness should link scientific principles generally accepted in the scientific community that are broad, with a more specific case that is more like the claimant's.
Note: If the carrier says injury was not within the scope of employment, the an employer may not divorce itself from its compensation carrier's representation that an employee's injury did not occur in the course and scope of employment.
Note: Under a statute imposing a continuing obligation to pay benefits, like the workers compensation statutes, separate causes of action arise from the failure to make payments that come due at different times.
Note: Where the employer and employee are arguing as to whether the dismissal of the employee was justifiable where the employer claims he would not return to work and the employee claims accomodations for his disability were not given, there is no dispute as to whether the dismissal was retaliatory in nature.
Note: Court found no inconsistency between the goals of the ADA and Florida's decision to exclude from workers' compensation coverage mental or nervous injuries unrelated to compensable physical injury.
Note: An injury is deemed to have occurred in the course and scope of employment if it is sustained by a worker, on the employer's premises, while preparing to begin a day's work or while doing other acts which are preparatory or incidental to performance of his or her duties, and which are reasonably necessary for such purpose.
Note: An injury is deemed to have occurred in the course and scope of employment if it is sustained by a worker, on the employer's premises, while preparing to begin a day's work or while doing other acts which are preparatory or incidental to performance of his or her duties, and which are reasonably necessary for such purpose.
Note: Workers comp law is subject to the provisions of the ADA.
Note: A health care provider may not accept payments under the Act and also seek to avoid the statutory limits by contracting for a higher fee with the worker.
Note: Where there is a special hazard on a normal route used by an employee as a means of entry to and exit from his place of work, the hazards of that route under appropriate circumstances become the hazards of the employment.
Note: The burden of proof in a workers comp case is CSE.
Note: The unrelated works exception is to be narrowly construed and is not appropriate where both employees were charged with operating out of the same transportation facility and both jobs involved interaction with the wheelchair lift which caused the injury.
Note: Third party administrator enjoys same immunity as employer/carrier.
Note: SOL not tolled during the period that an earlier filed petition was pending before it was voluntarily dismissed.
Note: The court concluded that the 3rd District erred in reversing the judgment based solely on the plaintiff's failure to demonstrate that the employer concealed a danger.
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