Congratulations to Partner Taysha Carmody on defending an excess advance!

Congratulations to Partner Taysha Carmody on defending an excess advance!

Congratulations to Partner Taysha Carmody on defending an excess advance!

This case dealt with a request for advance in excess of $2,000.00 per Section 440.20(12)(d), F.S. For this type of advance, the JCC is required to find that the advance is for the best interest of the claimant, will not materially prejudice the rights of the employer and carrier, and is reasonable under the circumstances of the case. Furthermore, the JCC must determine whether the claimant is a proper claimant, and that she has provided adequate justification for her request. Case law requires a claimant to demonstrate some plausible nexus between the pending worker’s compensation claim and the advance. In this case, the claimant failed to establish such a nexus without a showing that her unemployment was somehow related to the alleged industrial accident. The JCC cited a lack of financial affidavit or any testimony regarding expenses and outstanding bills. Therefore, the request for the advance was denied.

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