MARTIN C. HERNDON, PETITIONER,
v.
CITY OF MIAMI AND THE FULL FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS

Fla. | 1969-07-09
No. 38591
ERVIN, C. J., and ROBERTS and BOYD, JJ., concur., DREW, J., dissents with opinion.
224 So. 2d 681 Florida Supreme Court (1969) Negative Treatment
Cited by 18 cases

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Synopsis

The Florida Supreme Court reviewed a workers' compensation case where a permanently totally disabled policeman sought an advance lump-sum payment of his future benefits to purchase real estate. The court held that the trial judge did not abuse his discretion in approving the advance payment based on the evidence presented, and that expert testimony is not mandatory for such requests.


Holding

The trial judge did not abuse his discretion and there was competent substantial evidence supporting the advance payment approval. Expert testimony is not mandatory for advance payment requests; the judge has broad discretion to determine the interests of the claimant and employer based on the evidence presented.


Key Quotes

“The purpose of lump sum payments of compensation is to enable a disabled claimant to become a self-sustaining and productive member of society.”

Establishes the legislative purpose underlying advance payment provisions in workers' compensation law

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Facts & Procedural History

Martin Herndon, a 42-year-old policeman employed by the City of Miami for 18 years, suffered a compensable back injury in April 1963 (35% permanent pa…

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Opinion of the Court
ADKINS, Justice.

ADKINS, Justice.

By petition for certiorari, we have for review an order of the Florida Industrial Commission reversing an order of the Judge of Industrial Claims.

*682On April 20, 1963, the claimant, while employed as a policeman by the City of Miami, sustained injuries to his low back for which he was awarded compensation for a 35% permanent partial disability of the body as a whole. As a result of another compensable accident on August 5, 1964, he was granted permanent total disability retirement by the City. On February 15, 1967, the City stipulated with the claimant that he was permanently totally disabled and was entitled to compensation at the maximum rate from June 11, 1966 during the continuance of said disability. The Judge approved this stipulation on February 23, 1967.

On April 2, 1968, the Judge denied claimant's request for a lump sum payment of $29,000.00. Subsequently, claimant applied for an advance payment of 13 years compensation ($22,250.00) in order to purchase real estate located in Fort Pierce, Florida. The claimant submitted a financial plan and testified that said purchase was sound and reasonable. The Rehabilitation Department of the Florida Industrial Commission investigated the claimant’s application and reported favorably. After reviewing all the evidence presented relative to the request for advance payment and in particular the reduction in amount thereof, the Judge found that the advance payment of $22,250.00 would be to the best interest of the claimant and that said advance payment would not materially prejudice the rights of the employer and that it is reasonable under the circumstances of the case.

Upon review the Full Commission reversed holding that the claimant did not produce enough tangible evidence that enabled the Full Commission to determine the financial feasibility of the arrangement. The Commission stated that the claimant had the burden to offer evidence of a disinterested or professional appraiser as to the value of the real estate desired to be purchased, together with past earnings and occupancy rate as well as economic conditions in the area. The Full Commission pointed out that the only testimony contained in the record is that of the claimant. They seemed to feel that the interest of the employer was not given due consideration as required by Ch. 440.20(10), Fla.Stat., F.S.A.

Rule 16 D of the Rules, Regulations and Instructions adopted by the Florida Industrial Commission provides:

“ * * * If the judge of industrial claims finds that such advance payment is for the best interests of the person entitled to compensation, will not materially prejudice the rights of the employer and carrier, and is reasonable under the circumstances of the case, he may order same paid.” (Emphasis supplied)

At the hearing the claimant, a 42-year old man who has an eleventh grade education and who has been a policeman for 18 years, produced evidence disclosing the sound utilization of the advance payment of compensation. There was no evidence produced by the employer which contradicts claimant’s belief that he has a sound investment. The purpose of lump sum payments of compensation is to enable a disabled claimant to become a self-sustaining and productive member of society. Under Ch. 440.20(10), Fla.Stat., F.S.A., the Judge is given a great amount of discretion in deciding whether the advance payment is to the best interests of the claimant and employer. The City of Miami offered no evidence at the hearing to indicate that they would be materially prejudiced by the advance payment. It is unreasonable that the claimant should have to bear the expense of a professional appraiser to testify at the hearing for the advance payment when the Judge finds that he can make a determination upon the evidence at hand. Certainly, it is within the Judge’s discretion to request additional evidence from the claimant if he finds he is unable to make a determination from existing evidence.

There is no mandatory requirement in the workmen’s compensation law that the claimant produce expert testimony *683at a hearing to obtain an advance payment of compensation. The Judge is given vast discretion to determine the interests of the claimant and employer and his findings should not be disturbed unless he has abused this discretion or unless there is no competent substantial evidence to support his order. We find that there is competent substantial evidence to support the Judge’s order and there has not been an abuse of discretion.

Consequently, certiorari is granted, the order of the Full Commission is quashed and the cause remanded with directions to reinstate the Judge’s order.

Attorney’s fees in the amount of $250.00 are awarded to petitioner’s attorney.

It is so ordered.

ERVIN, C. J., and ROBERTS and BOYD, JJ., concur.

DREW, J., dissents with opinion.

DREW, Justice

(dissenting).

I concur in the views of the Full Commission that this lump sum award is not in the best interest of the claimant.

Dissent
DREW, Justice

DREW, Justice

(dissenting).

I concur in the views of the Full Commission that this lump sum award is not in the best interest of the claimant.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Cone Bros. Contracting & Whiting Nat'l Servs. v. Gordon, 453 So. 2d 420 (Fla. 1st DCA 1984)
    …upp.1978), set forth those rights and liabilities, in the form of the amount and kind of benefits to be paid and received, “to enable a disabled claimant to [*423] become a self-sustaining and productive member of society.” Herndon v. City of Miami, 224 So. 2d 681, 682 (Fla.1969). We decline to ride roughshod over these rights and liabilities by accepting the E/C’s argument.2 By our holding that section 440.-20(10), Florida Statutes (Supp.1978) is applicable in the instant case, we must necessarily decide th…
  • Court OF Flags & Ins. Co. of N. Am. v. Outland, 382 So. 2d 443 (Fla. 1st DCA 1980)
    …reasonable under the circumstances of the case, and will not materially prejudice the rights of the employer/carrier. § 440.20(10) Fla. Stat.; § 440.20(ll)(d), Fla.Stat. While the judge has broad discretion in such matters, Herndon v. City of Miami, 224 So. 2d 681 (Fla.1969), we conclude that the present case involves an abuse of discretion, and we hereby reverse the order appealed. [*444] Claimant indicated that the § 440.-20(10) advancement would be used to purchase savings certificates with an interest rat…
    1 / 2
  • Zarahn v. City OF Milton, 433 So. 2d 41 (Fla. 1st DCA 1983)
    …findings of the deputy commissioner on application for advance payment of compensation should not be disturbed unless he has abused his discretion or unless there is no competent, substantial evidence to support his order. Herndon v. City of Miami, 224 So. 2d 681 (Fla.1969). Applying the rule set forth in the Herndon case, we affirm. In his brief, counsel for appellant also questions the deputy commissioner’s authority to limit counsel to withholding only 25 percent of the claimant’s monthly benefits until…

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