Cases
Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Travelers Ins. Co. v. Taylor
444 So.2d 39, (Fla.App. 1 Dist., Dec 28, 1983)
Court determined that claimant's attorney's fees could not be obtained in one lump sum payment through the advancement provisions of the Florida Workers' Compensation Act. See also: Board of County Commissioners v. Shepard AR 144 dated 12/28/83. {\i (Not in database and not linked)}The 4% discount factor in the Florida Statutes applies only to the irrevocable lump sum washout settlements of all future compensation benefits and not to advancements.The Court held that it would not be in the best interests of a permanently and totally disabled claimant to obtain an advance payment reduced to present value in order to pay his attorney's fees. As the strong dissent notes the finding that this advance payment is prejudicial to the carrier seems completely at odds with the decision in { Sanford v. Alachua County School Board 425 So. 2d 112 (Fla. 1st DCA 1982) Case_1760}. The Court also notes parenthetically that the discount factor applies only to washout settlements not lump sum advancements (this finding is questionable but is not crucial to the ruling in this case.)