CourtCases2010

134 the trial court in a thoughtful final order of

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Unformatted text preview: work is justifiable. This dispute is squarely within the grant of jurisdiction to the judge of compensation claims under subsection 440.15(6). n3 In order to read the various parts of chapter 440 harmoniously with each other, we conclude that a dispute that falls within the [*99] scope of subsection 440.15(6) is outside the coverage of section 440.205. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n3 Section 440.15(6), Florida Statutes (1993) provides: (6) Employee refuses employment.--If an injured employee refuses employment suitable to the capacity thereof, offered to or procured therefor, such employee shall not be entitled to any compensation at any time during the continuance of such refusal unless at any time in the opinion of the judge of compensation claims such refusal is justifiable. See also section 440.15(7), Florida Statutes (1997), which provides: (7) Employee refuses employment.--If an injured employee refuses employment suitable to the capacity thereof, offered to or procured therefor, such employee shall not be entitled to any compensation at any time during the continuance of such refusal unless at any time in the opinion of the judge of compensation claims such refusal is justifiable. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**16] Id. Under those circumstances, the court declined the plaintiff's request to extend the application of section 440.205 beyond retaliatory discharge: 133 Plaintiff in essence asks us to expand the holding of Smith beyond retaliatory discharge, so that in every case in which there is a dispute under subsection 440.14(6), the employee would be allowed to file a companion civil action in circuit court alleging intimidation or coercion. Such an expansion of Smith is not warranted by the language of that decision, nor would it be consistent with the legislative intent, which contemplates that this type of dispute will be resolved by the judge of compensation claims. Old Republic Ins. Co. v. Whitworth, 442 So. 2d 1078, 1079. Id. The third district declined to e...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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