Florida Statutes
Fla. Stat. § 440.17 (2025)
Guardian for minor or incompetent.
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440.17 Guardian for minor or incompetent.—Prior to the filing of a claim, the department, and after the filing of a claim, a judge of compensation claims, may require the appointment by a court of competent jurisdiction, for any person who is mentally incompetent or a minor, of a guardian or other representative to receive compensation payable to such person under this chapter and to exercise the powers granted to or to perform the duties required of such person under this chapter; however, the judge of compensation claims, in the judge of compensation claims’ discretion, may designate in the compensation award a person to whom payment of compensation may be paid for a minor or incompetent, in which event payment to such designated person shall discharge all liability for such compensation.
History.—s. 17, ch. 17481, 1935; CGL 1936 Supp. 5966(17); s. 8, ch. 18413, 1937; ss. 17, 35, ch. 69-106; s. 9, ch. 75-209; ss. 13, 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 3, ch. 91-46; s. 480, ch. 2003-261.
Notes of Decisions
Cited in 7
cases, 1955–2006 · leading case: Cornelius v. Sunset Golf Course, 423 So. 2d 567 (Fla. 1st DCA 1982).
Cornelius v. Sunset Golf Course, 423 So. 2d 567 (Fla. 1st DCA 1982). “Following the hearing the deputy commissioner entered the order appealed from which found that claimant's diseases were not related to any incident of chemical exposure during his employment at Sunset Golf Course, but rather, that Cornelius' problems were of genetic origin.”
Se. Concrete Floor v. Charlton, 584 So. 2d 574 (Fla. 1st DCA 1991). “Section 440.17, Florida Statutes (1989) states in pertinent part: 440.”
Aris v. Big Ten Taxi Corp., 330 So. 2d 465 (Fla. 1976). “The Commission has discretion to direct such an appointment under Section 440.17, Florida Statutes (1973). Allure Shoe Corp.”
Valdes v. Galco Const., 922 So. 2d 252 (Fla. 1st DCA 2006). “It is undisputed that there was a causal relationship between the subject industrial accident and the mental disorder which precipitated the JCC's invocation of the provisions of Section 440.17 and the consequent establishment of a guardianship for the claimant.”
Benton v. ICR Elec., 852 So. 2d 295 (Fla. 1st DCA 2003). “Section 440.17, Florida Statutes (1997), provides that the JCC may require the appointment by a court of competent jurisdiction of a guardian or other representative.”
City of South Bay v. Norris, 704 So. 2d 145 (Fla. 1st DCA 1997). “§ 440.17, Fla. Stat. (1995). We therefore grant the petition for certiorari and quash the order appointing a guardian.”
Mitchell v. Bailey's Auto Serv., 7 Fla. Supp. 185 (Fla. Indus. Comm'n 1955). “Section 440.17 authorizes this commission, in its discretion, to require the appointment by a court of competent jurisdiction of a guardian to receive compensation payable to a minor, or to designate in the compensation award a person to whom payment of compensation may be made…”
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