Jones Contracting Co. v. Jones

MILLS, Judge.

Jones Construction Company and Aetna Casualty and Surety Co. (E/C) appeal from an order granting a lump-sum advance of permanent total disability benefits. We reverse.

Jones was injured in September 1976 when he fell from a truss on a construction site. In October 1979, the E/C voluntarily accepted him as permanently and totally disabled (PTD). Jones requested lump-sum payment of his PTD benefits in August 1985.

At the hearing on his request, Jones presented a financial plan calling for the purchase of an annuity which would increase his monthly disposable income by approximately…