The order denying the employer/cam-er’s motion to dismiss under section 440.105(4)(b), Florida Statutes, on the ground that the Judge of Compensation Claims (JCC) lacked jurisdiction to apply section 440.09(4), Florida Statutes, to this worker’s compensation claim, is REVERSED and the case is REMANDED to the JCC for further proceedings in accordance with Russell Corp. v. Jacobs, 782 So.2d 404 (Fla. 1st DCA), rev. denied, 791 So.2d 1098 (Fla. 2001).