GLENNY BINGHAM AS WIDOW OF FRANKLIN BINGHAM, APPELLANT,
v.
FLORIDA CHIP STEAK COMPANY AND IOWA NATIONAL MUTUAL INSURANCE COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Glenny Bingham, widow of Franklin Bingham, appealed the denial of her petition to enforce an oral lump-sum settlement agreement for permanent total disability benefits. The court held that such agreements are not final and enforceable until approved by a deputy commissioner, and affirmed the denial.
A lump-sum settlement agreement between the employer/carrier and the claimant is not final and enforceable until or unless it has been approved by the deputy commissioner. The agreement must be formalized through the deputy commissioner's review and approval to become binding.
[1] A lump-sum settlement agreement for permanent total disability benefits is not final and enforceable until approved by the deputy commissioner.
[2] The deputy commissioner's approval of a lump-sum settlement is an essential part of compensation proceedings, ensuring the claimant's best interests and the employer/carr…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a lump-sum settlement agreement between the E/C and the claimant is not final and enforceable until or unless it has been approved by the deputy commissioner”
Establishes the controlling legal principle that deputy commissioner approval is mandatory for enforcement of lump-sum settlements
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFranklin Bingham was receiving permanent total disability (PTD) benefits from Florida Chip Steak Company and Iowa National Mutual Insurance Company wh…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
MILLS, Judge.
Glenny Bingham, the widow of Franklin Bingham, appeals from an order of the deputy commissioner denying her petition to enforce an oral agreement by Florida Chip Steak Company and Iowa National Mutual Insurance Company (E/C) to a lump-sum payment of Franklin’s permanent total disability benefits. We affirm.
In May 1985, Franklin, who was at that time receiving PTD benefits from the E/C, died as the result of injuries received in an automobile accident; his death was completely unrelated to the industrial injury for which he was receiving benefits. Prior to his death, Franklin,-by and through his attorney, had orally agreed with the E/C to a $100,000 lump-sum payment of future PTD benefits. The agreement had not been reduced to writing nor been approved either by the Special Disability Trust Fund or a deputy commissioner at the time of death. In October 1985, Glenny, as Franklin’s widow, filed a petition to enforce the settlement agreement. The petition was denied.
This case is controlled by this court’s decisions in Russell v. Bass, 107 So. 2d 281 (Fla. 1st DCA 1958), and Rogers v. Concrete Sciences, Inc., 394 So. 2d 212 (Fla. 1st DCA 1981), both of which held that a lump-sum settlement agreement between the E/C and the claimant is not final and enforceable until or unless it has been approved by the deputy commissioner. See also Brantley v. ADH Building Contractors, Inc., 215 So. 2d 297 (Fla.1968) (the deputy’s responsibility to approve the amount of a lump-sum settlement and to decide the questions of the best interest of the claimant and the ultimate discharge of the E/C from liability is an essential concomitant of compensation proceedings).
Appellant acknowledges the controlling principles of these decisions, but contends that they should not be followed because they unfairly allow an E/C to “back out” of an agreement to pay benefits in a lump-sum. However, the factual situation presented by this case, that is, the untimely death of the claimant before a contemplated settlement could be finalized, was present in Russell and Rogers, so that we must assume that the appellant’s equitable argument was considered in those cases and rejected.
Affirmed.
BOOTH, C.J., and WENTWORTH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Domingo Cabrera v. Outdoor Empire & Fcci Ins., 108 So. 3d 691 (Fla. 1st DCA 2013)…nt prior to such approval. See Smith v. Rose Auto Stores, 596 So. 2d 809, 810 (Fla. 1st DCA 1992) (“The law is well settled that a settlement agreement is not final and enforceable until it is approved by the [JCC]”); Bingham v. Fla. Chip Steak Co., 496 So. 2d 950 (Fla. 1st DCA 1986) (stating “lump-sum settlement agreement between the E/C and the claimant is not final and enforceable until or unless it has been approved by the deputy commissioner,” under circumstances where injured employee died after reachin…
-
Ruggiero v. Pope Moving & Storage & Chubb Grp. of Ins. Cos., 511 So. 2d 694 (Fla. 1st DCA 1987)…PER CURIAM. AFFIRMED. See Bingham v. Florida Chip Steak Company, 496 So. 2d 950 (Fla. 1st DCA 1986). SMITH, C.J., and MILLS and ERVIN, JJ., concur.…
-
Beatty v. Custom Audio Distribs., Inc., 640 So. 2d 130 (Fla. 1st DCA 1994)…IAM. Affirmed. See, Russell v. Bass, 107 So. 2d 281 (Fla. 1st DCA 1958); Rogers v. Concrete Sciences, Inc., 394 So. 2d 212 (Fla. 1st DCA 1981); Davis v. Sun Banks of Orlando, 412 So. 2d 937 (Fla. 1st DCA 1982); Bingham v. Florida Chip Steak House, 496 So. 2d 950 (Fla. 1st DCA 1986). SMITH, JOANOS and DAVIS, JJ., concur.…
Authorities Cited
- Brantley v. A D H Bldg. Contractors, Inc., 215 So. 2d 297 (Fla. 1968)
- Rogers v. Concrete Scis., Inc., 394 So. 2d 212 (Fla. 1st DCA 1981)
- Russell v. Bass, 107 So. 2d 281 (Fla. 1st DCA 1958)