Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 440.093 | Lawyer Caselaw & Research
F.S. 440.093 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 440.093

The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.093
440.093 Mental and nervous injuries.
(1) A mental or nervous injury due to stress, fright, or excitement only is not an injury by accident arising out of the employment. Nothing in this section shall be construed to allow for the payment of benefits under this chapter for mental or nervous injuries without an accompanying physical injury requiring medical treatment. A physical injury resulting from mental or nervous injuries unaccompanied by physical trauma requiring medical treatment shall not be compensable under this chapter.
(2) Mental or nervous injuries occurring as a manifestation of an injury compensable under this chapter shall be demonstrated by clear and convincing medical evidence by a licensed psychiatrist meeting criteria established in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association. The compensable physical injury must be and remain the major contributing cause of the mental or nervous condition and the compensable physical injury as determined by reasonable medical certainty must be at least 50 percent responsible for the mental or nervous condition as compared to all other contributing causes combined. Compensation is not payable for the mental, psychological, or emotional injury arising out of depression from being out of work or losing employment opportunities, resulting from a preexisting mental, psychological, or emotional condition or due to pain or other subjective complaints that cannot be substantiated by objective, relevant medical findings.
(3) Subject to the payment of permanent benefits under s. 440.15, in no event shall temporary benefits for a compensable mental or nervous injury be paid for more than 6 months after the date of maximum medical improvement for the injured employee’s physical injury or injuries, which shall be included in the period of 104 weeks as provided in s. 440.15(2) and (4). Mental or nervous injuries are compensable only in accordance with the terms of this section.
History.s. 7, ch. 2003-412.

F.S. 440.093 on Google Scholar

F.S. 440.093 on Casetext

Amendments to 440.093


Arrestable Offenses / Crimes under Fla. Stat. 440.093
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.093.



Annotations, Discussions, Cases:

Cases from cite.case.law:

KNEER, v. LINCARE AND TRAVELERS INSURANCE,, 267 So. 3d 1077 (Fla. App. Ct. 2019)

. . . In this workers' compensation appeal, Claimant argues that § 440.093(3), Florida Statutes, is unconstitutional . . . See § 440.093(3), Fla. Stat. . . . The JCC agreed with the E/C's argument and denied temporary disability benefits, citing § 440.093(3), . . . He argues first that § 440.093(3) unconstitutionally denies his access to the courts, due process, and . . . Claimant's constitutional challenge is focused on § 440.093(3) of the workers' compensation statute, . . .

UTOPIA HOME CARE GUARANTEE INSURANCE COMPANY, v. ALVAREZ,, 230 So. 3d 72 (Fla. Dist. Ct. App. 2017)

. . . The issue before us is the proper interpretation of section 440.093(3), Florida Statutes (2011). . . . At all pertinent times, section 440.093(3) has provided as follows: ' Subject to the payment of permanent . . . The subsections immediately preceding section 440.093(3) emphasize the requirement of an “accompanying . . . When the Legislature provided in the introductory phrase of section 440.093(3) that post-physical MMI . . . The Employer/Carrier assert that section 440.093(8) limits temporary benefits post-physical MMI for a . . .

O. SIERRA, v. METROPOLITAN PROTECTIVE SERVICES, 188 So. 3d 863 (Fla. Dist. Ct. App. 2015)

. . . clear and convincing evidence to support a claim of a compensa-ble psychiatric injury under section 440.093 . . . alternative, the JCC also found' that even assuming Claimant met the burden of persuasion under section 440.093 . . . to show that the April 1, 2012, Compensable workplace accident is the MCC for his PTSD. §§ 440.09, 440.093 . . .

SCHOOL BOARD OF LEE COUNTY v. HUBEN,, 165 So. 3d 865 (Fla. Dist. Ct. App. 2015)

. . . The E/C contends that the award of TTD benefits contravenes section 440.093(3), which reads: Subject . . . Mental or nervous injuries are compensable only in accordance with the terms of this section. § 440.093 . . . There is no question that the TTD award here is subject to section 440.093(3); the statute applies here . . . The JCC drew a contrast between the operative language in section 440.093(3) — “in no event shall [the . . . Applying section 440.093(3) to the instant case, then, results in an award of TTD benefits from July . . .

E. McINTOSH, v. CVS PHARMACY CVS, LLC, 135 So. 3d 1157 (Fla. Dist. Ct. App. 2014)

. . . Section 440.093(1), Florida Statutes (2010), the statutory provision applicable here, provides: A mental . . . Section 440.093(2), Florida Statutes (2010), is not applicable here because the relevant mental or nervous . . . Section 440.093 was addressed at length by this Court in McKenzie v. . . . The McKenzie court determined that, with the addition of section 440.093 in 2003, the Legislature described . . . presented under the facts as found here by the JCC most closely parallels the second sentence in section 440.093 . . .

SARASOTA COUNTY SCHOOL BOARD v. ROBERSON,, 135 So. 3d 587 (Fla. Dist. Ct. App. 2014)

. . . See § 440.093(3), Fla. Stat (2003). The JCC’s reasoning is sound. . . . Section 440.093 was enacted to specifically address “Mental and Nervous Injuries.” . . . Health Care, Inc., 43 So.3d 767, 769-70 (Fla. 1st DCA 2010), this Court, at length, discussed section 440.093 . . . no such contrary intention expressed because, in the same round of amendments that produced section 440.093 . . . See § 440.093(3), Fla. . . .

PHILLIPS- HUTER, v. AMSTAFF HUMAN RESOURCES LIBERTY MUTUAL FIRE INSURANCE COMPANY,, 116 So. 3d 466 (Fla. Dist. Ct. App. 2013)

. . . injury “remain[ed] the major contributing cause of the [psychiatric injury],” as required by section 440.093 . . . We agree with Claimant that the JCC erred in applying section 440.093 to this case because section 440.093 . . .

ST. JOHNS RIVER POWER PARK SCIBAL ASSOCIATES v. R. GRIFFIS, Jr., 46 So. 3d 123 (Fla. Dist. Ct. App. 2010)

. . . The relevant statutory provision is section 440.093(2), Florida Statutes (2004). . . . .” § 440.093(2), Fla. Stat. (2004). The questions posed to Dr. . . .

McKENZIE, v. MENTAL HEALTH CARE, INC. SUMMIT CLAIMS CENTER,, 43 So. 3d 767 (Fla. Dist. Ct. App. 2010)

. . . In this workers’ compensation appeal, we are required to interpret section 440.093, Florida Statutes, . . . Section 440.093 discusses the four situations when mental or nervous injuries arise. . . . Section 440.093 was added to the chapter as part of the 2003 reforms. . . . Section 440.093(2) defines a fourth situation involving mental or nervous injuries. . . . Subsection 440.093(2) defines a fourth situation involving mental or nervous injury. . . .

W. G. ROE SONS, v. RAZO- GUEVARA,, 999 So. 2d 708 (Fla. Dist. Ct. App. 2008)

. . . The JCC limited the award to six months by applying section 440.093(3), Florida Statutes (2004). . . . nervous injury be paid for more than 6 months after the date of [physical MMI].... ” The scope of section 440.093 . . .

SPEED, v. SECURITAS USA, 989 So. 2d 710 (Fla. Dist. Ct. App. 2008)

. . . Claimant contests the JCC’s finding that his heart attack was not a compensable injury pursuant to section 440.093 . . . Section 440.093(1), Florida Statutes (2003), provides: A mental or nervous injury due to stress, fright . . . concluded that Claimant did not suffer any physical trauma requiring medical treatment, and thus, section 440.093 . . . Significantly, the first sentence of section 440.093(1) differentiates between mental or nervous injuries . . . had suffered a mental or nervous injury, his heart attack would have been compensable under section 440.093 . . .

FOOTSTAR CORPORATION, a f k a a k a a f k a a k a USA, a f k a a k a f k a a k a f k a a k a v. DOE, 932 So. 2d 1272 (Fla. Dist. Ct. App. 2006)

. . . See § 440.093, Fla. . . .