Which circumstance saves a petition where the employee gave no notice within 30 days?
Correct Answer
D) The employer did not post notice of the requirement where employees could see it
Section 440.185(1) lists the exceptions: the employer or its agent had actual knowledge; the cause could not be identified without a medical opinion and the employee advised within 30 days of getting one; "the employer did not put its employees on notice of the requirements of this section by posting notice pursuant to s. 440.055"; or exceptional circumstances justify it. Posting the notice is the employer’s own protection against the third of those.
Why This Is the Correct Answer
Section 440.185(1) lists the exceptions: the employer or its agent had actual knowledge; the cause could not be identified without a medical opinion and the employee advised within 30 days of getting one; "the employer did not put its employees on notice of the requirements of this section by posting notice pursuant to s. 440.055"; or exceptional circumstances justify it. Posting the notice is the employer’s own protection against the third of those.
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