{"id":32901,"date":"2008-03-26T16:35:41","date_gmt":"2008-03-26T21:35:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/are-advances-available-for-injured-workers-in-difficult.html"},"modified":"2008-03-26T16:35:41","modified_gmt":"2008-03-26T21:35:41","slug":"are-advances-available-for-injured-workers-in-difficult","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/human-resources\/are-advances-available-for-injured-workers-in-difficult.html","title":{"rendered":"Are Advances Available For Injured Workers’ In Difficult Financial Times?"},"content":{"rendered":"
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The answer is yes, according to the First DCA in WORKERS OF FLORIDA and AIG CLAIM SERVICES<\/u>, Appellants v. MICHAEL WILLIAMS<\/u>, Appellee, 1st DCA Case NO. 98-2694. Opinion filed 10\/15\/99; 24 FLW D 2365; Appeal from Order of Judge of Compensation Claims Thomas G. Portuallo; Brian B. Bolton and Philip R. Augustine for Appellants. No appearance for Appellee.<\/b><\/p>

This case was heard on a Motion for Rehearing by the E\/C to clarify the former opinion found at 24 FLW D 1546. The E\/C appeals an award by the JCC of a cash advance of $2,000.00.<\/p>

At the time of the hearing on the motion pursuant to section 440.20(12) before the JCC, the Claimant did not testify as he was 4 days post surgery for rotator cuff repair. However, evidence was presented on the Claimant's behalf to show "that he had sustained a substantial change of earning capacity as a result of the industrial injury, which adversely affected his ability to pay rent and utilities." The JCC awarded the $2,000.00 advance and for repayment at $20.00 per week from future TTD or TPD payments or other income benefits.<\/p>

The E\/C argued that the JCC erred in ordering this advance as there was no evidence "indicating that claimant would be eligible to receive any benefits in the future from which the E\/C could recover the sum advanced. As there was no finding of permanent disability, the E\/C further contends that claimant is not eligible for benefits other than TTD or TPD and continued payment of same is speculative, at best. Finally, it urges that a cash advance prior to permanent disability is premature, and it cites Murphree Bridge Corp. v. Brown<\/i> 492 So.2d 451 (Fla. 1st DCA 1986), in support thereof."<\/p>

The First DCA disagrees with the E\/C's position stating that there is nothing in 440.20(12)(c) that requires proof that the "injured worker must achieve in the reasonably foreseeable future some type of permanent disability status." This provision allows an advance upon a showing that the Claimant has suffered "either a substantial loss of earning capacity or a physical impairment." The First DCA goes on to distinguish all of the cases presented by the E\/C as they all involved motions for advances greater than $2,000.00 which is covered by F.S. 440.20(12)(d) in which case the "JCC must find that the advance is in the best interests of the claimant, will not materially prejudice the rights of the E\/C, and is reasonable." These requirements are not set forth for advances of $2,000.00 pursuant to F.S. 440.20(12)(c).<\/p>

According to the above case, it appears the level of evidence needed will depend how much of advance you are seeking. As long as you are seeking an advance of $2,000.00 or less, you must merely show that the Claimant suffered either<\/i><\/b> a substantial loss of earning capacity or<\/i><\/b> a physical impairment. If the Claimant is seeking an advance in excess of $2,000.00 you will also need to provide evidence to the JCC that (1) the advance is in the best interest of the Claimant<\/b> (2) will not materially prejudice the rights of the E\/C and<\/b> (3) is reasonable<\/b><\/p><\/div>","protected":false},"excerpt":{"rendered":"

The answer is yes, according to the First DCA in This case was heard on a Motion for Rehearing by the E\/C to clarify the former opinion found at 24 FLW D 1546. The E\/C appeals an award by the JCC of a cash advance of $2,000.00. At the time of the …<\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_categories":[6487,6486],"class_list":["post-32901","corporate","type-corporate","status-publish","hentry","corporate_categories-human-resources__employment-laws","corporate_categories-human-resources"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate\/32901","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=32901"}],"wp:term":[{"taxonomy":"corporate_categories","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_categories?post=32901"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}