(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.
Structure Florida Statutes
Chapter 440 - Workers' Compensation
440.021 - Exemption of Workers’ Compensation From Chapter 120.
440.05 - Election of Exemption; Revocation of Election; Notice; Certification.
440.055 - Notice Requirements.
440.06 - Failure to Secure Compensation; Effect.
440.075 - When Corporate Officer Rejects Chapter; Effect.
440.077 - When a Corporate Officer Rejects Chapter, Effect.
440.093 - Mental and Nervous Injuries.
440.094 - Extraterritorial Reciprocity.
440.10 - Liability for Compensation.
440.101 - Legislative Intent; Drug-Free Workplaces.
440.102 - Drug-Free Workplace Program Requirements.
440.1025 - Employer Workplace Safety Program in Ratesetting; Program Requirements; Rulemaking.
440.103 - Building Permits; Identification of Minimum Premium Policy.
440.104 - Competitive Bidder; Civil Actions.
440.105 - Prohibited Activities; Reports; Penalties; Limitations.
440.1051 - Fraud Reports; Civil Immunity; Criminal Penalties.
440.106 - Civil Remedies; Administrative Penalties.
440.107 - Department Powers to Enforce Employer Compliance With Coverage Requirements.
440.11 - Exclusiveness of Liability.
440.12 - Time for Commencement and Limits on Weekly Rate of Compensation.
440.13 - Medical Services and Supplies; Penalty for Violations; Limitations.
440.134 - Workers’ Compensation Managed Care Arrangement.
440.14 - Determination of Pay.
440.15 - Compensation for Disability.
440.151 - Occupational Diseases.
440.16 - Compensation for Death.
440.17 - Guardian for Minor or Incompetent.
440.185 - Notice of Injury or Death; Reports; Penalties for Violations.
440.19 - Time Bars to Filing Petitions for Benefits.
440.191 - Employee Assistance and Ombudsman Office.
440.192 - Procedure for Resolving Benefit Disputes.
440.1926 - Alternate Dispute Resolution; Claim Arbitration.
440.20 - Time for Payment of Compensation and Medical Bills; Penalties for Late Payment.
440.205 - Coercion of Employees.
440.207 - Workers’ Compensation System Guide.
440.211 - Authorization of Collective Bargaining Agreement.
440.22 - Assignment and Exemption From Claims of Creditors.
440.23 - Compensation a Lien Against Assets.
440.24 - Enforcement of Compensation Orders; Penalties.
440.25 - Procedures for Mediation and Hearings.
440.271 - Appeal of Order of Judge of Compensation Claims.
440.2715 - Access to Courts Through State Video Teleconferencing Network.
440.28 - Modification of Orders.
440.29 - Procedure Before the Judge of Compensation Claims.
440.32 - Cost in Proceedings Brought Without Reasonable Ground.
440.33 - Powers of Judges of Compensation Claims.
440.34 - Attorney’s Fees; Costs.
440.345 - Reporting of Attorney’s Fees.
440.35 - Record of Injury or Death.
440.38 - Security for Compensation; Insurance Carriers and Self-Insurers.
440.381 - Application for Coverage; Reporting Payroll; Payroll Audit Procedures; Penalties.
440.385 - Florida Self-Insurers Guaranty Association, Incorporated.
440.3851 - Public Records and Public Meetings Exemptions.
440.386 - Individual Self-Insurers’ Insolvency; Conservation; Liquidation.
440.39 - Compensation for Injuries When Third Persons Are Liable.
440.41 - Substitution of Carrier for Employer.
440.42 - Insurance Policies; Liability.
440.44 - Workers’ Compensation; Staff Organization.
440.442 - Code of Judicial Conduct.
440.45 - Office of the Judges of Compensation Claims.
440.49 - Limitation of Liability for Subsequent Injury Through Special Disability Trust Fund.
440.491 - Reemployment of Injured Workers; Rehabilitation.
440.50 - Workers’ Compensation Administration Trust Fund.
440.51 - Expenses of Administration.
440.515 - Reports From Self-Insurers; Confidentiality.
440.525 - Examination and Investigation of Carriers and Claims-Handling Entities.
440.53 - Effect of Unconstitutionality.
440.54 - Violation of Child Labor Law.
440.55 - Proceedings Against State.
440.572 - Authorization for Individual Self-Insurer to Provide Coverage.
440.585 - Workers’ Compensation Group Self-Insurance Fund Application Disclosure.
440.591 - Administrative Procedure; Rulemaking Authority.