Notes of Decisions
Sanders v. City of Orlando, 997 So. 2d 1089 (Fla. 2008).
· cites it 43× “Introduction The City asserts that the 2001 amendment that added subsection (c) to section 440.20(11) divested the JCCs of the authority to vacate or set aside lump-sum settlement agreements entered into by claimants who are represented by counsel.”
Cone Bros. Contracting v. Gordon, 453 So. 2d 420 (Fla. 1st DCA 1984).
· cites it 26× “1978), as applied, amounts to an unconstitutional taking of the E/C's property without due process of law; (2) whether the lump sum award is in the best interests of the claimant and is reasonable under the circumstances, without resulting in material prejudice to the carrier;…”
City of Miami v. Bell, 606 So. 2d 1183 (Fla. 1st DCA 1992).
· cites it 25× “After the hearing, the judge of compensation claims ordered the City to pay the full amount of past benefits due under the Barragan decision from September 24, 1987, through August 1, 1989, and awarded a 10% penalty pursuant to section 440.20, Florida Statutes (1985), based on…”
City of Clearwater v. Acker, 755 So. 2d 597 (Fla. 1999).
· cites it 17× “Once a lump-sum payment is authorized and received pursuant to section 440.20, a claimant has the option to invest the funds and offset the effects of inflation so that the purpose of supplemental benefits is satisfied.”
Willette v. Air Prods., 700 So. 2d 397 (Fla. 1st DCA 1997).
· cites it 24× “A separate rule, Florida Administrative Code Rule 38F-3.0191, addresses temporary disability benefits payable on account of industrial accidents that occur on or after January 1, 1994.”
Fla. Erection Serv. Inc. v. Mcdonald, 395 So. 2d 203 (Fla. 1st DCA 1981).
· cites it 10× “The division has been given additional responsibility, under Section 440.20(16)(a) to examine "on an ongoing basis" claims files in its possession in order to identify "questionable claims handling techniques, questionable patterns of claims, or a pattern of repeated…”
ESIS/Ace Am. Ins. Co. v. Kuhn, 104 So. 3d 1111 (Fla. 1st DCA 2012).
· cites it 20× “Kuhn’s claimed interest in obtaining 00 as a “cushion” justifies the award. Ms. Kuhn argues that we should not disturb the JCC’s conclusion that a 00 advance as a financial “cushion” was in her best interest.”
Greenberg v. Cardiology Surgical Ass'n, 855 So. 2d 234 (Fla. 1st DCA 2003).
· cites it 18× “Both parties acknowledge that this is a case of first impression, calling for an analysis of legislative amendments to section 440.20, effective 1994. Before amendment, section 440.”
In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996).
· cites it 49× “Subject to the limitations in this subdivision and in subdivision (d), the sanction may consist of, or include, directives of a nonmone-tary nature, or a penalty pursuant to section 440.20 or 440.24, Florida Statutes; or, if imposed on motion and warranted for effective…”
Court of Flags v. Outland, 382 So. 2d 443 (Fla. 1st DCA 1980).
· cites it 18× “Employer/carrier appeals a worker's compensation order approving a lump-sum advancement pursuant to § 440.20(10), Fla. Stat. Before approving such an advancement, the deputy must determine that it is in the best interest of the claimant, is reasonable under the circumstances of…”
Amendments to Florida Rules of Workers' Comp. Procedure, 603 So. 2d 425 (Fla. 1992).
· cites it 38× “When benefits challenged on appeal have been abandoned under subdivision (b) above, benefits no longer affected by the appeal are payable within 30 days of the service of the brief together with interest as required under section 440.20, Florida Statutes, *442 from the date of…”
440.20(1): 10 cases
440.20(1)(a): 2 cases
440.20(10): 43 cases
Cone Bros. Contracting v. Gordon, 453 So. 2d 420 (Fla. 1st DCA 1984).
“1978), as applied, amounts to an unconstitutional taking of the E/C's property without due process of law; (2) whether the lump sum award is in the best interests of the claimant and is reasonable under the circumstances, without resulting in material prejudice to the carrier;…”
Court of Flags v. Outland, 382 So. 2d 443 (Fla. 1st DCA 1980).
“Employer/carrier appeals a worker's compensation order approving a lump-sum advancement pursuant to § 440.20(10), Fla. Stat. Before approving such an advancement, the deputy must determine that it is in the best interest of the claimant, is reasonable under the circumstances of…”
440.20(10)(b): 3 cases
In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996).
“Subject to the limitations in this subdivision and in subdivision (d), the sanction may consist of, or include, directives of a nonmone-tary nature, or a penalty pursuant to section 440.20 or 440.24, Florida Statutes; or, if imposed on motion and warranted for effective…”
440.20(11): 16 cases
Sanders v. City of Orlando, 997 So. 2d 1089 (Fla. 2008).
“Introduction The City asserts that the 2001 amendment that added subsection (c) to section 440.20(11) divested the JCCs of the authority to vacate or set aside lump-sum settlement agreements entered into by claimants who are represented by counsel.”
In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996).
“Subject to the limitations in this subdivision and in subdivision (d), the sanction may consist of, or include, directives of a nonmone-tary nature, or a penalty pursuant to section 440.20 or 440.24, Florida Statutes; or, if imposed on motion and warranted for effective…”
440.20(11)(a): 1 case
440.20(11)(a)(1994): 1 case
440.20(11)(b): 5 cases
Sanders v. City of Orlando, 997 So. 2d 1089 (Fla. 2008).
“Introduction The City asserts that the 2001 amendment that added subsection (c) to section 440.20(11) divested the JCCs of the authority to vacate or set aside lump-sum settlement agreements entered into by claimants who are represented by counsel.”
In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996).
“Subject to the limitations in this subdivision and in subdivision (d), the sanction may consist of, or include, directives of a nonmone-tary nature, or a penalty pursuant to section 440.20 or 440.24, Florida Statutes; or, if imposed on motion and warranted for effective…”
440.20(11)(c): 19 cases
Sanders v. City of Orlando, 997 So. 2d 1089 (Fla. 2008).
“Introduction The City asserts that the 2001 amendment that added subsection (c) to section 440.20(11) divested the JCCs of the authority to vacate or set aside lump-sum settlement agreements entered into by claimants who are represented by counsel.”
440.20(11)(d): 4 cases
Sanders v. City of Orlando, 997 So. 2d 1089 (Fla. 2008).
“Introduction The City asserts that the 2001 amendment that added subsection (c) to section 440.20(11) divested the JCCs of the authority to vacate or set aside lump-sum settlement agreements entered into by claimants who are represented by counsel.”
Court of Flags v. Outland, 382 So. 2d 443 (Fla. 1st DCA 1980).
“Employer/carrier appeals a worker's compensation order approving a lump-sum advancement pursuant to § 440.20(10), Fla. Stat. Before approving such an advancement, the deputy must determine that it is in the best interest of the claimant, is reasonable under the circumstances of…”
440.20(12): 30 cases
ESIS/Ace Am. Ins. Co. v. Kuhn, 104 So. 3d 1111 (Fla. 1st DCA 2012).
“Kuhn’s claimed interest in obtaining 00 as a “cushion” justifies the award. Ms. Kuhn argues that we should not disturb the JCC’s conclusion that a 00 advance as a financial “cushion” was in her best interest.”
Amendments to Florida Rules of Workers' Comp. Procedure, 603 So. 2d 425 (Fla. 1992).
“When benefits challenged on appeal have been abandoned under subdivision (b) above, benefits no longer affected by the appeal are payable within 30 days of the service of the brief together with interest as required under section 440.20, Florida Statutes, *442 from the date of…”
Cone Bros. Contracting v. Gordon, 453 So. 2d 420 (Fla. 1st DCA 1984).
“1978), as applied, amounts to an unconstitutional taking of the E/C's property without due process of law; (2) whether the lump sum award is in the best interests of the claimant and is reasonable under the circumstances, without resulting in material prejudice to the carrier;…”
440.20(12)(a): 33 cases
Amendments to Florida Rules of Workers' Comp. Procedure, 603 So. 2d 425 (Fla. 1992).
“When benefits challenged on appeal have been abandoned under subdivision (b) above, benefits no longer affected by the appeal are payable within 30 days of the service of the brief together with interest as required under section 440.20, Florida Statutes, *442 from the date of…”
440.20(12)(b): 17 cases
Cone Bros. Contracting v. Gordon, 453 So. 2d 420 (Fla. 1st DCA 1984).
“1978), as applied, amounts to an unconstitutional taking of the E/C's property without due process of law; (2) whether the lump sum award is in the best interests of the claimant and is reasonable under the circumstances, without resulting in material prejudice to the carrier;…”
Amendments to Florida Rules of Workers' Comp. Procedure, 603 So. 2d 425 (Fla. 1992).
“When benefits challenged on appeal have been abandoned under subdivision (b) above, benefits no longer affected by the appeal are payable within 30 days of the service of the brief together with interest as required under section 440.20, Florida Statutes, *442 from the date of…”
440.20(12)(b)(l): 1 case
440.20(12)(c): 17 cases
Amendments to Florida Rules of Workers' Comp. Procedure, 603 So. 2d 425 (Fla. 1992).
“When benefits challenged on appeal have been abandoned under subdivision (b) above, benefits no longer affected by the appeal are payable within 30 days of the service of the brief together with interest as required under section 440.20, Florida Statutes, *442 from the date of…”
440.20(12)(c)(2): 3 cases
ESIS/Ace Am. Ins. Co. v. Kuhn, 104 So. 3d 1111 (Fla. 1st DCA 2012).
“Kuhn’s claimed interest in obtaining 00 as a “cushion” justifies the award. Ms. Kuhn argues that we should not disturb the JCC’s conclusion that a 00 advance as a financial “cushion” was in her best interest.”
440.20(12)(d): 3 cases
ESIS/Ace Am. Ins. Co. v. Kuhn, 104 So. 3d 1111 (Fla. 1st DCA 2012).
“Kuhn’s claimed interest in obtaining 00 as a “cushion” justifies the award. Ms. Kuhn argues that we should not disturb the JCC’s conclusion that a 00 advance as a financial “cushion” was in her best interest.”
440.20(12)(e): 2 cases
440.20(121): 1 case
In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996).
“Subject to the limitations in this subdivision and in subdivision (d), the sanction may consist of, or include, directives of a nonmone-tary nature, or a penalty pursuant to section 440.20 or 440.24, Florida Statutes; or, if imposed on motion and warranted for effective…”
440.20(13): 11 cases
Cone Bros. Contracting v. Gordon, 453 So. 2d 420 (Fla. 1st DCA 1984).
“1978), as applied, amounts to an unconstitutional taking of the E/C's property without due process of law; (2) whether the lump sum award is in the best interests of the claimant and is reasonable under the circumstances, without resulting in material prejudice to the carrier;…”
440.20(13)(c): 1 case
440.20(13)(d): 14 cases
440.20(14): 7 cases
440.20(15): 25 cases
City of Clearwater v. Acker, 755 So. 2d 597 (Fla. 1999).
“Once a lump-sum payment is authorized and received pursuant to section 440.20, a claimant has the option to invest the funds and offset the effects of inflation so that the purpose of supplemental benefits is satisfied.”
440.20(16): 1 case
440.20(16)(a): 1 case
Fla. Erection Serv. Inc. v. Mcdonald, 395 So. 2d 203 (Fla. 1st DCA 1981).
“The division has been given additional responsibility, under Section 440.20(16)(a) to examine "on an ongoing basis" claims files in its possession in order to identify "questionable claims handling techniques, questionable patterns of claims, or a pattern of repeated…”
440.20(16)(b)(2): 1 case
440.20(1l)(a): 1 case
440.20(1l)(b): 2 cases
440.20(1l)(c): 4 cases
440.20(2): 12 cases
City of Miami v. Bell, 606 So. 2d 1183 (Fla. 1st DCA 1992).
“After the hearing, the judge of compensation claims ordered the City to pay the full amount of past benefits due under the Barragan decision from September 24, 1987, through August 1, 1989, and awarded a 10% penalty pursuant to section 440.20, Florida Statutes (1985), based on…”
440.20(2)(a): 2 cases
440.20(2)(b): 1 case
440.20(3): 2 cases
440.20(4): 99 cases
440.20(5): 22 cases
Fla. Erection Serv. Inc. v. Mcdonald, 395 So. 2d 203 (Fla. 1st DCA 1981).
“The division has been given additional responsibility, under Section 440.20(16)(a) to examine "on an ongoing basis" claims files in its possession in order to identify "questionable claims handling techniques, questionable patterns of claims, or a pattern of repeated…”
440.20(6): 55 cases
Greenberg v. Cardiology Surgical Ass'n, 855 So. 2d 234 (Fla. 1st DCA 2003).
“Both parties acknowledge that this is a case of first impression, calling for an analysis of legislative amendments to section 440.20, effective 1994. Before amendment, section 440.”
Willette v. Air Prods., 700 So. 2d 397 (Fla. 1st DCA 1997).
“A separate rule, Florida Administrative Code Rule 38F-3.0191, addresses temporary disability benefits payable on account of industrial accidents that occur on or after January 1, 1994.”
Fla. Erection Serv. Inc. v. Mcdonald, 395 So. 2d 203 (Fla. 1st DCA 1981).
“The division has been given additional responsibility, under Section 440.20(16)(a) to examine "on an ongoing basis" claims files in its possession in order to identify "questionable claims handling techniques, questionable patterns of claims, or a pattern of repeated…”
440.20(6)(a): 5 cases
440.20(7): 55 cases
City of Miami v. Bell, 606 So. 2d 1183 (Fla. 1st DCA 1992).
“After the hearing, the judge of compensation claims ordered the City to pay the full amount of past benefits due under the Barragan decision from September 24, 1987, through August 1, 1989, and awarded a 10% penalty pursuant to section 440.20, Florida Statutes (1985), based on…”
Fla. Erection Serv. Inc. v. Mcdonald, 395 So. 2d 203 (Fla. 1st DCA 1981).
“The division has been given additional responsibility, under Section 440.20(16)(a) to examine "on an ongoing basis" claims files in its possession in order to identify "questionable claims handling techniques, questionable patterns of claims, or a pattern of repeated…”
440.20(8): 29 cases
Greenberg v. Cardiology Surgical Ass'n, 855 So. 2d 234 (Fla. 1st DCA 2003).
“Both parties acknowledge that this is a case of first impression, calling for an analysis of legislative amendments to section 440.20, effective 1994. Before amendment, section 440.”
440.20(8)(a): 2 cases
440.20(8)(b): 2 cases
440.20(9): 17 cases
440.20(9)(c): 1 case
440.20(jl1): 1 case
440.20(ll): 1 case
440.20(ll)(a): 6 cases
In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996).
“Subject to the limitations in this subdivision and in subdivision (d), the sanction may consist of, or include, directives of a nonmone-tary nature, or a penalty pursuant to section 440.20 or 440.24, Florida Statutes; or, if imposed on motion and warranted for effective…”
440.20(ll)(b): 8 cases
In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996).
“Subject to the limitations in this subdivision and in subdivision (d), the sanction may consist of, or include, directives of a nonmone-tary nature, or a penalty pursuant to section 440.20 or 440.24, Florida Statutes; or, if imposed on motion and warranted for effective…”
440.20(ll)(b)(1994): 1 case
440.20(ll)(c): 9 cases
440.20(ll)(d): 1 case
440.20(ll)(e): 2 cases
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