Geraldine M. and Arthur F. Reid - Page 8




                                        - 7 -                                         
          “Section 440.205 reflects the public policy that an employee                
          shall not be discharged for filing or threatening to file a                 
          workers’ compensation claim.”                                               
               Fla. Stat. Ann. sec. 440.205 falls within title XXXI,                  
          chapter 440, Workers’ Compensation of the Florida Statutes.  The            
          intent of the Florida legislature with respect to the workers’              
          compensation laws under chapter 440 is set forth in Fla. Stat.              
          Ann. sec. 440.015 (West 1998), Legislative intent, and it                   
          provides, in relevant part, as follows:                                     
                    It is the intent of the Legislature that the                      
               Workers’ Compensation Law be interpreted so as to                      
               assure the quick and efficient delivery of disability                  
               and medical benefits to an injured worker and to                       
               facilitate the worker’s return to gainful reemployment                 
               at a reasonable cost to the employer.  * * *                           
               The Florida workers’ compensation laws were designed to                
          protect employees and their dependents against the hardship that            
          arises from an employee’s injury in the course of employment.               
          Broward v. Jacksonville Med. Ctr., 690 So. 2d 589 (Fla. 1997).              
               Petitioner’s Injury and Recovery in Litigation                         
               We now consider whether the settlement petitioner received             
          is excludable from gross income by virtue of section 104(a)(1).2            
          It appears that the lawsuit against Chevron was brought for                 


               2  Sec. 7491 does not apply to shift the burden of proof to            
          respondent on these issues because petitioners have neither                 
          alleged that sec. 7491 is applicable nor established that they              
          complied with the requirements of sec. 7491(a)(2)(A) and (B) to             
          substantiate items, maintain required records, and fully                    
          cooperate with respondent’s reasonable requests.                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011