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Massillon v. Department of Transp

District Court of Appeal of Florida, First District
Aug 14, 1984
461 So. 2d 119 (Fla. Dist. Ct. App. 1984)

Opinion

No. AW-42.

August 14, 1984.

An Appeal from an Order of Deputy Commissioner William Johnson.

Jay M. Levy of Hershoff Levy, Miami, for appellant.

Jerry V. Wilkey, Coral Gables, for appellees.


Claimant appeals from a workers' compensation order in which the deputy commissioner denied claimant's request for lump-sum advance payments to enable him to purchase investment property. The deputy commissioner found that Section 440.20(13)(d), Florida Statutes (1983), imposing a limitation on advances in excess of $2,000.00, would not allow the requested advance of $45,000.00. In light of our opinions in Union Boiler/FPL Martin Wrap-Up and Claims Management Services, Inc. v. Walker, 461 So.2d 117 (Fla. 1st DCA 1984) and Cone Brothers Contracting and Whiting National Services v. Gordon, 453 So.2d 420, (Fla. 1st DCA 1984) the Deputy Commissioner's Order is reversed and remanded for determination under the law in effect at the time of claimant's accident.

REVERSED and REMANDED for consideration in accordance with this opinion.

SMITH and ZEHMER, JJ., concur.


Summaries of

Massillon v. Department of Transp

District Court of Appeal of Florida, First District
Aug 14, 1984
461 So. 2d 119 (Fla. Dist. Ct. App. 1984)
Case details for

Massillon v. Department of Transp

Case Details

Full title:DAVID MASSILLON, APPELLANT, v. DEPARTMENT OF TRANSPORTATION, AND CRAWFORD…

Court:District Court of Appeal of Florida, First District

Date published: Aug 14, 1984

Citations

461 So. 2d 119 (Fla. Dist. Ct. App. 1984)