440.22
Assignment and exemption from claims of creditors.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 26
cases, 1975–2013 · leading case: Broward v. Jacksonville Medical Center
Broward v. Jacksonville Medical Center (1997)
“In response, Broward claimed that the exemption in section 440.22, Florida Statutes (1993), protected the benefits from JMC's attempt to garnish them.”
In Re Harrelson (2004)
“Edwards account as exempt pursuant to Fla. Stat. § 440.22 . On August 17, 2001 Lorraine Harrelson received a ,120.”
Broward v. Jacksonville Medical Center, Inc. (1996)
“The county court decided that the exemption of section 440.22, Florida Statutes (1993), did not protect the funds received by Broward and deposited in a savings account.”
PROF. CONS. SERV. v. Hartford Life and Acc. Ins. Co. (2003)
“(2000) (stating that firefighters' pensions, annuities, and benefits "shall be unassignable"); § 440.22, Fla. Stat. (2000) (stating that no assignment of workers' compensation benefits, except as provided in the statutes, shall be valid).”
In Re Ryzner (1997)
“1992), concluded that the words “due and payable,” which terms were involved in the workers’ compensation statute under their consideration, Fla. Stat. § 440.22 , should not be construed so narrowly as to prevent a beneficiary of such an award to claim as exempt the payments…”
Sullo v. Cinco Star, Inc. (2000)
“At first, Sullo defended against both Cinco's writ of garnishment and Nationsbank's security interest by claiming that the funds represented by the CD were exempt pursuant to section 440.22, Florida Statutes (1997), which provides: Assignment and exemption from claims of…”
Jensen v. Captiva Limousine Service, Inc. (In re Rajkovic) (2002)
“In addition, Capti- *199 va also asserted an affirmative defense alleging that the funds it received from the Debtor were exempt pursuant to Fla. Stat. 440.22, thus, the Trustee has no right to the funds it received from the Debtor.”
PAYROLL TRANSFERS INTERSTATE v. Forshey (1997)
“The JCC ruled in the alternative below that this release provision was not applicable in these workers' compensation proceedings because the statutory release was not approved by the JCC pursuant to section 440.22, Florida Statutes. We need not reach that question today.”
Bryant v. Bryant (1993)
“Although section 440.22, Florida Statutes (1991) protects worker's compensation benefits from claims of creditors or from collection of a debt, Florida courts have given child support and alimony a special status as they relate to a homestead exemption, see Anderson v.”
Florida Asset Financing Corp. v. Utah Labor Commission (2006)
“"); Fla. Stat. Ann. § 440.22 (West 2005) ("No assignment, release, or commutation of compensation or benefits due or payable .”
Rapid Settlements, Ltd. v. United States Fidelity & Guaranty Co. (2009)
“”); Fla. Stat. Ann. § 440.22 (“No assignment, release, or commutation of compensation or benefits due or payable under this chapter.”
Boatright v. City of Jacksonville (1976)
“Section 440.22, Florida Statutes. Liability of an employer for future payments of compensation shall not be discharged by advance payment unless prior approval of the bureau has been obtained as hereinafter provided.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.