JONES CONTRACTING COMPANY AND AETNA CASUALTY AND SURETY COMPANY, APPELLANTS,
v.
BENJAMIN JONES, APPELLEE

Fla. 1st DCA | 1986-10-28
No. BL-226
BOOTH, C.J., and WENTWORTH, J., concur.
496 So. 2d 926 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 2 cases

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Synopsis

Jones Contracting Company and Aetna Casualty appealed an order granting a permanently and totally disabled worker a lump-sum advance of workers' compensation benefits to purchase an annuity. The court reversed, holding that the creation of an estate and increased disposable income through annuity purchase were insufficient reasons to commute periodic PTD benefits.


Holding

The court held that neither the creation of an estate nor the increase in disposable income through annuity investment are sufficient reasons to grant a lump-sum advance of PTD benefits. Such awards must be in the 'best interests of the person entitled to compensation,' and while alleviation of hardship to a spouse may be a valid consideration along with other factors, these factors alone do not justify commuting periodic benefits.


Headnotes

[1] The creation of an estate for a claimant's spouse is an insufficient reason to grant a lump-sum payment of permanent total disability benefits, as workers' compensation b…

[2] An increase in disposable income through passive investment is an insufficient reason to grant a lump-sum payment of permanent total disability benefits.

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Key Quotes

“the creation of an estate was an insufficient reason to grant a lump-sum payment of PTD benefits, in that workers' compensation benefits were not intended to serve as life insurance; an advancement must be in "the best interests of the person entitled to compensation".”

Establishes the legal standard that estate creation cannot justify lump-sum advancement and benefits must serve claimant's best interests

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Facts & Procedural History

Jones was injured in September 1976 falling from a truss on a construction site. In October 1979, the employer/carrier voluntarily accepted him as per…

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Opinion of the Court
MILLS, Judge.

[*927] MILLS, Judge.

Jones Construction Company and Aetna Casualty and Surety Co. (E/C) appeal from an order granting a lump-sum advance of permanent total disability benefits. We reverse.

Jones was injured in September 1976 when he fell from a truss on a construction site. In October 1979, the E/C voluntarily accepted him as permanently and totally disabled (PTD). Jones requested lump-sum payment of his PTD benefits in August 1985.

At the hearing on his request, Jones presented a financial plan calling for the purchase of an annuity which would increase his monthly disposable income by approximately $100 and create an estate for his wife should he die. The deputy commissioner found the plan to be in Jones’ best interest and ordered the E/C to pay $91,708.30 (the present value of Jones’ PTD benefits) to the claimant’s attorney as trustee for the purchase of the annuity.

In Court of Flags v. Outland, 382 So. 2d 443 (Fla. 1st DCA 1980), this court held that the creation of an estate was an insufficient reason to grant a lump-sum payment of PTD benefits, in that workers’ compensation benefits were not intended to serve as life insurance; an advancement must be in “the best interests of the person entitled to compensation”. Court of Flags at 444 (emphasis in original). Accord Buono v. City of Riviera Beach, 484 So. 2d 50, 52 (Fla. 1st DCA 1986); Brevard County School Board v. Walters, 396 So. 2d 1197, 1200 (Fla. 1st DCA 1981). Therefore, the creation of an estate for the benefit of Jones’ wife should not have been considered by the D/C as evidence that the lump-sum payment was in Jones’ best interest.

In Buono, we held that while the alleviation of potential hardship to a claimant’s wife was not a legally sufficient basis for an advance payment standing alone, it was a valid consideration along with other factors. Buono at 52. However, the second reasón provided by the D/C for finding the award in Jones’ best interest, that is, the creation of more disposable income by way of purchase of an annuity, is also insufficient. Brevard County School Board; Court of Flags; Jensen Construction Co. v. Sowers, 480 So. 2d 691 (Fla. 1st DCA 1985). If the capacity of money to earn more in passive investment than the (statutory) discount rate were reason enough to commute the periodic payments which are characteristic of the compensation system, then all awards to financially prudent claimants would be commuted in inflationary times. Court of Flags (Robert Smith, J., concurring). Such awards also distort the legislative intent that any money-market advantage remain with the employer/ carrier. Jensen at 692.

It is true that in Cone Bros. Contracting Co. v. Gordon, 453 So. 2d 420 (Fla. 1st DCA 1984), the court approved a lump-sum advance which allowed the purchase of an annuity, netting the claimant a $165 increase in monthly income. However, Cone Bros, held only that the money-market factor is not a sufficient basis upon which to deny a lump-sum advance to a claimant who is otherwise entitled thereto. See Jensen at 693, n. 1 (emphasis in original). Appellee claims that a recently acquired mortgage demonstrates an additional “unique benefit or interest” which would be served by the lump-sum advance herein. However, the record reflects that this mortgage obligation has created no undue hardship on Jones as he indicated below that his present income is sufficient to meet the payments.

Based on the foregoing, we hold that the D/C erred in finding that the award of lump-sum PTD benefits herein was in Jones’ best interest and reverse.

BOOTH, C.J., and WENTWORTH, J., concur.


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Citator

Cited By

  • Esis/ACE Am. Ins. Co. & Delta Air Lines, Inc. v. Kuhn, 104 So. 3d 1111 (Fla. 1st DCA 2012)
    …aimant falls within one of the three statutory classifications. Subsection (c)(2)'s use of the word “may” makes clear that an award is discretionary and not an entitlement to those eligible for advances. . See, e.g., Jones Contracting Co. v. Jones, 496 So. 2d 926 (Fla. 1st DCA 1986) (generating more disposable income via purchase of annuity insufficient basis for advance). . As one example under the lump sum advance statute, this Court in Edgewood Boys' Ranch Foundation v. Robinson, 456 So. 2d 1270, 1271 (F…

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