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Which listed circumstance is an express exception to the employee’s 30-day injury-notice bar under section 440.185(1), without itself proving entitlement to benefits?

Correct Answer

D) The employer did not post notice of the requirement where employees could see it

Failure to post the required notice is an exception to the 30-day notice bar under section 440.185(1)(c). It removes that particular bar; it does not automatically prove compensability or satisfy all other claim requirements. Source: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.185.html

Answer Options
A
The employee remained on the payroll throughout the period of disability
B
The employee was treated by a physician the employer selected
C
The employer’s insurance carrier opened a claim file on its own initiative first
D
The employer did not post notice of the requirement where employees could see it

Why This Is the Correct Answer

Failure to post the required notice is an exception to the 30-day notice bar under section 440.185(1)(c). It removes that particular bar; it does not automatically prove compensability or satisfy all other claim requirements. Source: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.185.html

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