LUIS ZARATE, OLGA ZARATE, MAURICIO ZARATE, CAROLINA ZARATE AND ALEJANDRO ZARATE, APPELLANTS,

v.

NATIONAL CAR RENTAL SYSTEM, INC., A FOREIGN CORPORATION, TRAVELERS INDEMNITY COMPANY, A FOREIGN CORPORATION, AND OLD REPUBLIC INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLEES

Citator

Cited By

• J.F. Hoff Elec. Co. v. Monie B. Powell, 485 So. 2d 1290 (Fla. 1st DCA 1985)
  …lump sum payment ordered in this case, we reverse and remand for reconsideration in light of this opinion. We also emphasize that Section 440.20(12)(a) contains a strong policy statement against lump sum payment, Kissimmee Construction Co. v. Riley, 450 So. 2d 313 (Fla. 1st DCA 1984). To overcome the presumption in the statute, a lump sum payment of all benefits should be allowed only when it is clearly advantageous to the claimant. If those benefits are used up unwisely and prematurely, a claimant could be l…
• Collins v. F & J Fixtures & Crawford & Co., 498 So. 2d 1323 (Fla. 1st DCA 1986)
  …r was in danger of losing his benefits to creditors if the award was granted. However, given the factors supporting the deputy’s decision, as well as the strong statutory policy in favor of periodic benefits, see Kissimmee Construction Co. v. Riley, 450 So. 2d 313 (Fla. 1st DCA 1984); Oliver B. Cannon & Sons, Inc. v. Crosby, 481 So. 2d 921 (Fla. 1st DCA 1985); J.F. Hoff Electric Co. v. Powell, 485 So. 2d 1290 (Fla. 1st DCA 1985), we do not find that the error was sufficient to require reversal. Affirmed. BO…
• Union Boiler/FP&L Martin Wrap-Up & Claims Mgmt. Servs., Inc. v. Walker, 461 So. 2d 117 (Fla. 1st DCA 1984)
  …), Florida Statutes (1983). A legislative enactment which affects substantive rights may not be applied retroactively to alter those rights. Sullivan, supra. The law in effect at the time of the injury controls. Kissimmee Construction Co. v. Riley, 450 So. 2d 313 (Fla. 1st DCA 1984). In Sullivan the substantive right of the employer and carrier to make lump-sum payments in exchange for a complete release from liability for future compensation payments could not be altered retrospectively by a statutory amen…

Authorities Cited

• Am. Fire & Indem. Co. v. Spaulding, 442 So. 2d 206 (Fla. 1983)
• Schwarz v. Spoutz, 340 So. 2d 510 (Fla. 3d DCA 1976)
• MacKENZIE v. AVIS Rent-A-Car Sys., Inc., 369 So. 2d 647 (Fla. 3d DCA 1979)
• Fla. Farm Bureau Mut. Ins. Co. v. Gov't Emps. Ins. Co., 339 So. 2d 718 (Fla. 1st DCA 1976)
• Morpurgo v. Greyhound Rent-A-Car, Inc., 339 So. 2d 718 (Fla. 1st DCA 1976)