| (1) Any agreement by an employee to pay any portion of premium paid by her or his employer to a carrier or to contribute to a benefit fund or department maintained by the employer for the purpose of providing compensation or medical services and supplies as required by this chapter is invalid.
(2) An agreement by an employee to waive her or his right to compensation under this chapter is invalid.
History.--s. 21, ch. 17481, 1935; CGL 1936 Supp. 5966(21), 8135(10); s. 364, ch. 71-136; s. 118, ch. 71-355; s. 23, ch. 78-300; s. 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 28, ch. 93-415; s. 117, ch. 97-103.
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Relevant Case Law
Note: Claimant is entitled to a 1% credit where she had contributed to an SDR fund.
Note: When claimant recovers partially from a third-party tortfeaser, the
Note: A collective bargaining agreement is invalid to the extent that it purports to regulate the method of recovering workers' compensation benefits and diminishes their substantive rights to workers comp benefits.
Note: An employee is liable for any overpayments of indemnity benefits and allowing the employer/carrier to recover the overpayments by reducing compensation payments by 20 percent.
Note: The combining of workers comp benefits, state pension, and social security benefits for the purpose of allowing an offset is impermissible.
Note: Holding the city responsible for past offsets is against public policy.
Note: The amount of compensation or rate of compensation paid to a claimant is substantive in nature.
Note: An order can be modified if a mistake-in-fact has been made.
Note: Parties' agreement to set a limit upon the carrier's exposure for disability and wage loss claims in this manner is acceptable where the claimant would not be entitled to any benefits but for the contract.
Note: A general contractor who employs an independent contractor insulates itself from civil liability when, in accordance with the parties' contract, it procures a workers' compensation policy for the benefit of the independent contractor by deducting the policy premiums from payments due the independent contractor.
Note: Sick leave benefits may be included in the calculation if it is proven that under the contract of employment such benefits can vest or had vested.
Note: Court certified to the supreme court the question of whether a monthly pension payment to an injured worker may be reduced due to the receipt of workers' compensation benefits without violating section 440.21.
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