Charlene M. Bifulco, Petitioner v. Patient Business & Financial Services, Inc., Respondent

Summary

The court held that the presuit notice requirements applicable to claims under the general sovereign-immunity waiver do not apply to workers’ compensation retaliation actions brought against the State under section 440.205. It reasoned that chapter 440 independently waives sovereign immunity by expressly defining the State and its subdivisions as employers and contains no reference incorporating the notice requirements. The court approved the Fifth District’s decision, disapproved contrary decisions to the extent inconsistent, and remanded for further proceedings.