KASH 'N KARRY AND CRAWFORD & COMPANY, APPELLANTS,
v.
PETER WALLACE, APPELLEE

Fla. 1st DCA | 1989-11-08
No. 89-377
SHIVERS and BARFIELD, JJ., concur.
553 So. 2d 222 Florida District Court of Appeal, First District (1989)

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.

Synopsis

Kash 'N Karry and Crawford & Company appealed a workers' compensation order awarding an injured employee (claimant Wallace) costs for computer training at ITT Technical Institute and an advance of 26 weeks of temporary total disability benefits. The appellate court reversed, finding the award exceeded statutory limits and lacked evidence that the training was necessary to return the claimant to pre-injury employment status.


Holding

The court reversed the order in its entirety, finding that the award exceeded the statutory maximum of $7,500 or 26 weeks of benefits in any 48-month period, and that there was no evidence the computer training was necessary to return the claimant to his pre-injury employment status, as the rehabilitation counselor specifically reported such training was not necessary.


Headnotes

[1] A lump sum advance of workers' compensation benefits cannot exceed the statutory maximum allowance.

[2] An award of rehabilitation benefits in a workers' compensation case requires evidence that the training is necessary to return the claimant to their pre-injury wage statu…

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

Key Quotes

“Section 440.20(13)(d), provides that in no event should an advance be granted in excess of $7,500 or twenty-six weeks of benefits in any forty-eight month period.”

Establishes the statutory ceiling for lump sum advances that the lower court award violated.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Wallace was injured while working as a bag boy for Kash 'N Karry in March 1986 and received temporary total disability benefits. By May 1987, he reach…

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.


Opinion of the Court
SMITH, Judge.

SMITH, Judge.

This is an appeal from a workers’ compensation order awarding appellee, the claimant, the costs of attending a computer training program and an advance of twenty-six weeks of temporary total disability benefits.

We reverse. During the course of his employment with Kash ‘N Karry as a bag boy, the claimant was injured and began receiving temporary total disability benefits in March 11, 1986. He later received temporary partial disability benefits, and by May 5, 1987, was working full-time at Wendy’s Hamburgers with the restriction to avoid lifting more than 50 pounds. As of May 5, 1987, claimant began receiving wage-loss benefits as he had reached maximum medical improvement with ten percent whole body impairment.

In October 1987, claimant left Wendy’s and began working at a pizza restaurant on a part-time basis, although it is unclear from the record whether his part-time status was due to his injury. In December, 1987, claimant filed a petition for a lump sum advance on the stated ground that such an advance would be in his best interest.

At the hearing on the petition, claimant argued the advance was to enable relocation to Tampa for attendance of ITT Technical Institute. Claimant also sought the advance to cover the cost of tuition and books for the computer training program at ITT.

Aftér requesting an evaluation from a rehabilitation counselor, the deputy ordered the E/C to pay for the claimant’s tuition and books at ITT, and to pay 26 weeks of temporary total disability benefits when he commences his studies. The deputy reserved jurisdiction to award an additional 26 weeks of temporary total disability, and he also awarded attorney fees.

It is not clear whether the deputy awarded a lump sum advance under Section 440.-20(13)(d), Florida Statutes (1987) or rehabilitation benefits under Section 440.49. The E/C argues on appeal that the lump sum advance greatly exceeds the statutory maximum allowance. Furthermore, if the advance is deemed an award of rehabilitation benefits, the E/C argue that there is no evidence in the record that training at ITT is necessary to return claimant to his pre-injury wage status. We agree with both arguments.

The claimant’s rehabilitation counselor reported tuition at ITT Technical Institute would be in excess of $13,000.00; there was no other evidence to the contrary.

Section 440.20(13)(d), provides that in no event should an advance be granted in excess of $7,500 or twenty-six weeks of benefits in any forty-eight month period.

The record in the instant case reveals that twenty-six weeks of benefits at the claimant’s rate of compensation is $2,534.22. Clearly, this award is in excess of the statutory limit. Further, the rehabilitation counselor specifically reported to the deputy that it was her opinion that a computer training program was not necessary to return claimant to his pre-injury employment status, and the deputy made no finding that computer training was necessary to achieve the claimant’s pre-injury wage. See Dimirra Development, Inc. v. Mills, 501 So. 2d 63 (Fla. 1st DCA 1987), and A.D. Builders, Inc. v. Johnston, 528 So. 2d 1225 (Fla. 1st DCA 1988).

Therefore, whether the award is deemed rehabilitation benefits or a lump sum advance, it is inappropriate.

Accordingly, the order below is REVERSED in its entirety.

SHIVERS and BARFIELD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw