- 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