Florida Statute 440.22 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.22

440.22 Assignment and exemption from claims of creditors.—No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall be valid, and such compensation and benefits shall be exempt from all claims of creditors, and from levy, execution and attachments or other remedy for recovery or collection of a debt, which exemption may not be waived. However, the exemption of workers’ compensation claims from creditors does not extend to claims based on an award of child support or alimony.

History.—s. 22, ch. 17481, 1935; CGL 1936 Supp. 5966(22); s. 23, ch. 78-300; s. 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. 18, ch. 2001-91; s. 49, ch. 2001-158.

F.S. 440.22 on Google Scholar

F.S. 440.22 on Casetext

Amendments to 440.22

Arrestable Offenses / Crimes under Fla. Stat. 440.22

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.22.

Annotations, Discussions, Cases:

Cases Citing Statute 440.22

Total Results: 19

PROF. CONS. SERV. v. Hartford Life and Acc. Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-16T00:53:00-07:00

Citation: 849 So. 2d 446

Snippet: benefits "shall be unassignable"); § 440.22, Fla. Stat. (2000) (stating that no assignment

Stetson v. Extendicare, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-06-27T00:00:00-07:00

Citation: 851 So. 2d 767, 2003 Fla. App. LEXIS 9495

Snippet: of Frances Stetson’s rights pursuant to section 440.022, Florida Statutes (1997). This complaint was dismissed

Sullo v. Cinco Star, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-05-05T00:53:00-07:00

Citation: 755 So. 2d 822

Snippet: represented by the CD were exempt pursuant to section 440.22, Florida Statutes (1997), which provides: Assignment…s security interest was invalid because section 440.22 does not allow assignment to creditors of workers….1997). Broward extended the exemption of section 440.22 to traceable proceeds in a bank account. The county

J.G. Wentworth, S.S.C., L.P. v. Safeco Life Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-24T00:00:00-08:00

Citation: 755 So. 2d 138, 1999 Fla. App. LEXIS 15677

Snippet: agreement was invalid as a violation of section 440.22, Florida Statutes (1997), which provides: No assignment…going to make up the composite agreement”). Section 440.22 makes any assignment of worker’s compensation benefits

JG WENTWORTH, SSC, LP v. SAFECO Life Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-23T23:53:00-08:00

Citation: 755 So. 2d 138

Snippet: agreement was invalid as a violation of section 440.22, Florida Statutes (1997), which provides: No assignment…make up the composite agreement"). Section 440.22 makes any assignment of worker's compensation

Beverly Enterprises-Florida, Inc. v. McVey

Court: Fla. Dist. Ct. App. | Date Filed: 1999-07-21T00:53:00-07:00

Citation: 739 So. 2d 646

Snippet: of chapter 400, Florida Statutes (1993). See §§ 440.022 and 400.023, Fla. Stat. (1993) (governing nursing

Parl v. Parl

Court: Fla. Dist. Ct. App. | Date Filed: 1997-09-03T00:00:00-07:00

Citation: 699 So. 2d 765, 1997 Fla. App. LEXIS 10096, 1997 WL 537056

Snippet: child support award was an exception to the section 440.22 exemption and explaining that “child support and…, WARNER and STEVENSON, JJ., concur. . Section 440.22 states in relevant part: No assignment, release…statute. Compare § 222.18, Fla. Stat. (1995), with § 440.22, Fla. Stat. (1995). No. 96-0916 District

PAYROLL TRANSFERS INTERSTATE v. Forshey

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-18T00:53:00-07:00

Citation: 694 So. 2d 80

Snippet: was not approved by the JCC pursuant to section 440.22, Florida Statutes. We need not reach that question…judge of compensation claims pursuant to section 440.22, that change in the law cannot be retroactively

Broward v. Jacksonville Medical Center

Court: Fla. | Date Filed: 1997-03-19T23:53:00-08:00

Citation: 690 So. 2d 589

Snippet: by section 440.22 differently. The legislature was never called upon to amend section 440.22 because no… "DUE OR PAYABLE" LANGUAGE OF SECTION 440.22, FLORIDA STATUTES, MEAN THAT ONCE COMPENSATION …, Broward claimed that the exemption in section 440.22, Florida Statutes (1993), protected the benefits…from JMC's attempt to garnish them. Section 440.22 provides: No assignment, release, or commutation…, is exempt from the estate under Fla.Stat. ch. 440.22. Id. at 637. Like the bankruptcy judge in Fraley

Broward v. Jacksonville Medical Center, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-23T00:53:00-07:00

Citation: 673 So. 2d 962

Snippet: court's construction of section 440.22, and affirmed. Section 440.22, Florida Statutes, provides: Assignment…county court decided that the exemption of section 440.22, Florida Statutes (1993), did not protect the funds…bank account, the circuit court compared section 440.22 to section 222.11, Florida Statutes. Prior to 1985…the "due or payable" phrase in section 440.22 to exempt settlement funds that have already been… "due or payable" language of section 440.22 in the face of those decisions. Moreover, we note

Bryant v. Bryant

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-23T00:53:00-07:00

Citation: 621 So. 2d 574

Snippet: these reasons apply in Florida. Although section 440.22, Florida Statutes (1991) protects worker's

Tradewinds Manufacturing Co. v. Cox

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-10T00:00:00-08:00

Citation: 541 So. 2d 667, 14 Fla. L. Weekly 645, 1989 Fla. App. LEXIS 1367, 1989 WL 19556

Snippet: incorrect to the extent that he relied upon section 440.22, Florida Statutes (1987), for the proposition that

Arthurs v. Arthurs

Court: Fla. Dist. Ct. App. | Date Filed: 1982-01-13T00:00:00-08:00

Citation: 408 So. 2d 762, 1982 Fla. App. LEXIS 18946

Snippet: reverse that part of the final judgment. Section 440.22, Florida Statutes (1979) provides: ASSIGNMENT AND

Seminole Inn v. Ray

Court: Fla. Dist. Ct. App. | Date Filed: 1981-12-29T00:00:00-08:00

Citation: 408 So. 2d 1061, 1981 Fla. App. LEXIS 22110

Snippet: be paid directly to the entitled person. Section 440.22, Florida Statutes (1977), provides: No assignment

Wekiwa Concrete v. Reddick

Court: Fla. Dist. Ct. App. | Date Filed: 1981-04-07T23:53:00-08:00

Citation: 396 So. 2d 832

Snippet: claimant, notwithstanding the provisions of s. 440.22. Plainly, it is a prerequisite for a lien that …no assignment of compensation is valid. Section 440.22, Fla. Stat. (1979). VV-399 District

Boatright v. City of Jacksonville

Court: Fla. Dist. Ct. App. | Date Filed: 1976-06-23T00:00:00-07:00

Citation: 334 So. 2d 339, 93 L.R.R.M. (BNA) 2909, 1976 Fla. App. LEXIS 15726

Snippet: 440.21) or appropriate it as a creditor (Chapter 440.22). “(g) Said Section 3 of said Resolution, as amended…debt, which exemption may not be waived. Section 440.22, Florida Statutes. Liability of an employer for…440.10(1), 440.11(1), 440.15(2) and (3), 440.21 and 440.22, Florida Statutes; Rule 17 of the Florida Workmen

Kennedy v. Estate of Beasley

Court: Fla. Dist. Ct. App. | Date Filed: 1975-09-05T00:00:00-07:00

Citation: 318 So. 2d 496, 1975 Fla. App. LEXIS 15209

Snippet: cross assignment of error, § 440.22, Fla.Stat., provides as follows : “440.22 Assignment and Exemption From…minimum income to survive. The trial court under § 440.22, Fla.Stat., correctly held that the executor should

Warwick v. Hudson Pulp & Paper Co. Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1974-11-18T23:53:00-08:00

Citation: 303 So. 2d 701

Snippet: Compensation Act as provided in Sections 440.10 and 440.22, Florida Statutes, said motion be and the same

Starke v. State

Court: Fla. | Date Filed: 1905-01-15T00:00:00-08:00

Citation: 49 Fla. 41

Snippet: v. State, 6 Idem. 207; Hurd v. State, 116 Ala: 440, 22 South. Rep. 993; Stoball v. State, 116 Ala. 454