The 2023 Florida Statutes (including Special Session C)
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. . . 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, . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . The relevant statutory provision is section 440.093(2), Florida Statutes (2004). . . . .” § 440.093(2), Fla. Stat. (2004). The questions posed to Dr. . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . See § 440.093, Fla. . . .