Cases

The question in this case was whether the claimant is required to provide pre-suit notice pursuant to Section 768.28(6), Florida Statutes, in regards to a retaliation claim in violation of Section 440.205, Florida Statutes, which prohibits an employer from discharging an employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the workers’ compensation law. Court determined that such pre-suit notice was not required. A claim pursuant to Section 440.205, Florida Statutes, is not a common law tort but is a creature of statute. Court acknowledged that decision in this case was in conflict with the 1st District Court of Appeal’s case in Kelley v. Jackson County Tax Collector, 745 So. 2d 1040 (Fla. 1st DCA 1999). The Kelley decision affirmed the dismissal of a claim for retaliatory discharge under Section 440.205, Florida Statutes, because the plaintiff had failed to comply with the pre-suit notice requirements of Section 768.28, Florida Statutes.