Legal Opinion

Special Disability Trust Fund v. Myers

District Court of Appeal of Florida

Decided August 7, 1986No. BK-2PublishedCited by 2 opinions

1Opinion of the Court

SHIVERS, Judge.

The Special Disability Trust Fund, Ingram’s Hardware (employer) and State Farm Insurance Company (carrier) appeal the deputy commissioner’s award of a lump-sum advance of permanent total disability benefits to Paul D. Myers (claimant) for injuries sustained on April 10, 1981. We reverse.

A lump-sum advance is not properly awarded before a claimant has reached maximum medical improvement (MMI). Butler’s Dairy, Inc. v. Honeycutt, 432 So.2d 777 (Fla. 1st DCA 1983); City of St. Petersburg Beach v. Harper, 8 FCR 333 (1974); Section 440.20(12)(a), Florida Statutes (1981). In this case…

2Cases cited4 opinions

  1. Woods v. Greater Naples Care CenterDistrict Court of Appeal of Florida · 1981
  2. Espada Enterprises, Inc. v. SpiroDistrict Court of Appeal of Florida · 1986
  3. Leeds Shoes v. CucuzzaDistrict Court of Appeal of Florida · 1983
  4. Butler's Dairy, Inc. v. HoneycuttDistrict Court of Appeal of Florida · 1983

3Cited by2 opinions

  1. Workers of Florida v. WilliamsDistrict Court of Appeal of Florida · 1999
  2. Florida Power Corp. v. HamiltonDistrict Court of Appeal of Florida · 1995

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