CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 22686, 2008 WL 4793334
...BACKGROUND
Congress enacted the Energy Conservation and Production Act (“the Act”),
42 U.S.C. §§ 6851–6873 (2000), to provide financial assistance to low income
persons for energy conservation measures. The U.S. Department of Energy, in 10
C.F.R. § 440.22 (2008), established the sole federal criteria for assistance
eligibility....
...assistance if it is occupied by a family whose income is at or below 125% of the
2
poverty level or contains a member who, in the preceding year, received cash
assistance payments under the Social Security Act. 10 C.F.R. § 440.22(a)(1)(2).
Pursuant to the Act, the State of Florida receives federal funds as a grantee
and, in turn, awards funds to subgrantees throughout the state....
...These sections make no mention of
review procedures for individual homeowners, and do not grant individuals a right
to sue under 42 U.S.C. § 1983.
Houston lastly argues that the defendants are limited to the eligibility
requirements and prioritization schedule set forth in 10 C.F.R. § 440.22....
CopyCited 11 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 132, 1997 Fla. LEXIS 317, 1997 WL 123269
...Sicking, Miami, for Petitioner. Sidney E. Lewis of Sidney E. Lewis, P.A., Jacksonville, for Respondents. GRIMES, Justice. We have for review a decision addressing the following question certified to be of great public importance: DOES THE "DUE OR PAYABLE" LANGUAGE OF SECTION 440.22, FLORIDA STATUTES, MEAN THAT ONCE COMPENSATION BENEFITS HAVE BEEN PAID TO AN INJURED EMPLOYEE OR HIS OR HER BENEFICIARIES THAT SUCH BENEFITS ARE NO LONGER EXEMPT FROM ALL CLAIMS OF CREDITORS? Broward v....
...He deposited the proceeds in a savings account. The funds were not intermingled with other monies. JMC then sought a writ of garnishment against the bank in county court in order to reach the funds. In response, Broward claimed that the exemption in section 440.22, Florida Statutes (1993), protected the benefits from JMC's attempt to garnish them. Section 440.22 provides: No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall be valid, and such compensation and benefits shall be exempt from all claims of cre...
...The statute was designed to protect workers' compensation claimants source of support from the claims of creditors. The $5,000.00 on deposit in the Sun Bank of Ocala, directly traceable to the workers' compensation settlement, is exempt from the estate under Fla.Stat. ch. 440.22....
...Like the bankruptcy judge in Fraley, we are not convinced of the clarity of the statute. While we agree that the words "due or payable" carry the meaning of something owing, a plausible argument can be made that these words are not applicable to the entire statute. Section 440.22 consists of one sentence that is composed of two clauses....
...enefits to injured workers. While the employee is unable to work, the workers' compensation benefits provide a means of support for the employee and the employee's family, essentially replacing the employee's regular source of income. Clearly, under section 440.22, the beneficiary of workers' compensation benefits cannot assign the benefits before they are received....
...He was to be saved from becoming one of the derelicts of society, a fragment of human wreckage.... Rehabilitation of the man, not payment of his ancient debts, is the theme of the statute, and its animating motive. Surace v. Danna, 248 N.Y. 18, 161 N.E. 315, 315-16 (1928) (citations omitted). Thus we hold that under section 440.22, workers' compensation benefits remain exempt in the hands of the beneficiary....
...In 1993, the legislature again amended section
222.11 to provide that the funds are exempt for six months after earnings are received by the financial institution if they can be traced and properly identified, even though they may have been commingled with other funds. Because no similar amendments had been made to section
440.22, the court below felt that this reflected a legislative intent that workers' compensation benefits once deposited in a bank account were no longer exempt....
...In the first place, the wording of the two statutes is somewhat different. Moreover, the fact that the legislature responded to two court decisions which gave a limiting construction to the exemption provided by section
222.11 does not mean that the legislature views the exemption provided by section
440.22 differently. The legislature was never called upon to amend section
440.22 because no court has ever placed such a limiting construction on that statute. Therefore, we believe our construction of section
440.22 is consistent with the wage exemption found in section
222.11....
...on, as it did with the wage exemption, and (2) the effect of converting the funds into another form, such as an automobile or shares of stock. [1] It is unnecessary for us to reach these issues in this case. CONCLUSION To summarize, the exemption in section 440.22 applies to workers' compensation benefits received by the beneficiary and deposited in a bank account, so long as the funds are traceable to the workers' compensation benefits....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21654258
...medical providers, the statute would have stated as much. Indeed, the legislature has prohibited assignments in other contexts. Cf. §
175.241, Fla. Stat. (2000) (stating that firefighters' pensions, annuities, and benefits "shall be unassignable"); §
440.22, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1993 WL 274430
...ct the worker's dependents. Finally, another factor the courts have considered is that a worker's compensation benefit is included as income when a court determines the amount of a child support award. All of these reasons apply in Florida. Although section 440.22, Florida Statutes (1991) protects worker's compensation benefits from claims of creditors or from collection of a debt, Florida courts have given child support and alimony a special status as they relate to a homestead exemption, see Anderson v....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 10 Fla. L. Weekly Fed. B 351, 1997 Bankr. LEXIS 706, 1997 WL 273998
...Jacksonville Med. Ctr.,
690 So.2d 589 (Fla. 1997). In Broward, the Florida Supreme Court was called upon to answer the following question which was certified by the lower Court to be of great public importance: DOES THE `DUE OR PAYABLE' LANGUAGE OF SECTION
440.22, FLORIDA STATUTES, MEAN THAT ONCE COMPENSATION BENEFITS HAVE BEEN PAID TO AN INJURED EMPLOYEE OR HIS OR HER BENEFICIARIES THAT SUCH BENEFITS ARE NO LONGER EXEMPT FROM ALL CLAIMS OF CREDITORS? Id....
...sideration and the decision of the Bankruptcy Court in In re Fraley,
148 B.R. 635 (Bankr. M.D.Fla.1992), concluded that the words "due and payable," which terms were involved in the workers' compensation statute under their consideration, Fla. Stat. §
440.22, should not be construed so narrowly as to prevent a beneficiary of such an award to claim as exempt the payments received pursuant to the statute....
...Blazer Financial Services, Inc.,
369 So.2d 987 (Fla.App.4th Dist.Ct.App.1979). The First District Courts of Appeals held, just like the Trustee in the instant case contends, that since the Legislature did not amend the basic statute, in that case Fla. Stat. §
440.22, and in the present instance Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 WL 553916
...Sullo had specifically pledged the CD as security for the loan, and the loan was in default. At first, Sullo defended against both Cinco's writ of garnishment and Nationsbank's security interest by claiming that the funds represented by the CD were exempt pursuant to section 440.22, Florida Statutes (1997), which provides: Assignment and exemption from claims of creditors.No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall...
...hment. Nationsbank then filed a motion for clarification and relief alleging that it was not a party to the stipulation and that it had a prior security interest. Sullo continued his assertion that Nationsbank's security interest was invalid because section
440.22 does not allow assignment to creditors of workers' compensation proceeds and relied upon Broward v. Jacksonville Medical Center,
690 So.2d 589 (Fla.1997). Broward extended the exemption of section
440.22 to traceable proceeds in a bank account....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 19137
...Section
440.34(3) does not outline a procedure for enforcing the lien, but rather, provides that: In such cases where the claimant is responsible for the payment of his attorney's fees, such fees shall be a lien upon compensation payable to the claimant, notwithstanding the provisions of s.
440.22....
...ithout approval, but the carrier/employer is required by Section
440.20(1), Florida Statutes (1979) to make payment of compensation directly to the person entitled thereto. Finally, under normal circumstances, no assignment of compensation is valid. Section
440.22, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 1062545
...When the employee died, Safeco refused to recognize the change of beneficiary and failed to make payments either to the employee's estate or to appellant. Appellant filed suit, and Safeco defended, claiming that the entire agreement was invalid as a violation of section 440.22, Florida Statutes (1997), which provides: No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall be valid, and such compensation and benefits shall...
...Ameripalms *139 6B GP, Inc.,
633 So.2d 47, 49 (Fla. 3d DCA 1994); Johnson v. Smith,
84 So.2d 722, 725 (Fla.1956)("contract between the parties consists not only of the promissory note but also of the several documents going to make up the composite agreement"). Section
440.22 makes any assignment of worker's compensation benefits invalid....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1996 WL 270827
...The funds in this account consisted exclusively of the workers' compensation settlement proceeds. JMC then sought a writ of garnishment in the County Court of Duval County to reach the funds held in the First Union account. The county court decided that the exemption of section 440.22, Florida Statutes (1993), did not protect the funds received by Broward and deposited in a savings account. Broward appealed the decision to the circuit court. The circuit court agreed with the lower court's construction of section 440.22, and affirmed. Section 440.22, Florida Statutes, provides: Assignment and exemption from claims of creditors.No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall be valid, an...
...er remedy for recovery or collection of a debt, which exemption may not be waived. In determining that this statute did not apply to exempt workers' compensation settlement funds received and deposited into a bank account, the circuit court compared section
440.22 to section
222.11, Florida Statutes....
...r to the one inserted into Section
222.11." We recognize that the bankruptcy court in In re Fraley,
148 B.R. 635, 637 (M.D.Fla. 1992), relied upon policy grounds and "the intention to protect beneficiaries" to construe the "due or payable" phrase in section
440.22 to exempt settlement funds that have already been deposited into a bank account. We are constrained, however, by the Florida decisions interpreting the previous version of section
222.11, and by the Legislature's failure to modify the "due or payable" language of section
440.22 in the face of those decisions....
...11 is an integral part of the extension of the exemption to bank accounts. The six-month provision places a reasonable limitation upon the ability to exempt funds that have lost their character as "due or payable." The parameters of the exemption of section 440.22 are clear....
...1st DCA 1992) (courts do not have power to construe an unambiguous statute in way which would extend, modify, or limit its express terms or obvious implications). We do not have the prerogative to construe the statute to provide a result different from that contemplated by its clear language. Our construction of section 440.22 will apply beyond the area of workers' compensation *964 law, an area entrusted to this court, and moreover differs with a federal court's view of the same statute. Accordingly, pursuant to Rule 9.030(a)(2)(A)(v), we certify that we have passed upon the following question of great public importance: Does the "due or payable" language of section 440.22, Florida Statutes, mean that once compensation benefits have been paid to an injured employee or his or her beneficiaries that such benefits are no longer exempt from all claims of creditors? Petition for writ of certiorari DENIED; question certified....
CopyCited 1 times | Published | District Court of Appeal of Florida | 93 L.R.R.M. (BNA) 2909, 1976 Fla. App. LEXIS 15726
...“The liability of the City to the injured employee was fixed by Chapter
440.11,
440.12 and
440.15, Florida Statutes; and the City could not require the employee to waive his right to compensation for permanent partial disability (Chapter
440.21) or appropriate it as a creditor (Chapter
440.22)....
...vided by this chapter, shall be valid, and such compensation and benefits shall be exempt from all claims of creditors, and from levy, execution and attachments or other remedy for recovery or collection of a debt, which exemption may not be waived. Section 440.22, Florida Statutes....
...sregard of other laws. United Mine Workers of America v. Pennington,
381 U.S. 657 ,
85 S.Ct. 1585 ,
14 L. Ed.2d 626 (1965). The bargaining agreements relied upon by the City totally ignore Sections
440.10(1),
440.11(1),
440.15(2) and (3),
440.21 and
440.22, Florida Statutes; Rule 17 of the Florida Workmen’s Compensation Rules of Procedure, and the decisions in the Schel and Miller cases....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 17 Fla. L. Weekly Fed. B 211, 2004 Bankr. LEXIS 903, 2004 WL 1490316
...003. On Schedule B of their bankruptcy petition Debtors listed an account with A.G. Edwards valued at $32,000.00. (Trustee's Ex. 1.) On Schedule C of their bankruptcy petition Debtors claimed the A.G. Edwards account as exempt pursuant to Fla. Stat. § 440.22....
...If Lorraine Harrelson requires surgery, she must pay a $3,000.00 co-payment. CONCLUSIONS OF LAW The Trustee asserts that the treasury bonds and mutual fund shares are not exempt and should be turned over to the Trustee. Debtors claim that they are exempt pursuant to § 440.22 of the Florida Statutes which provides: *620 440.22....
...s or other remedy for recovery or collection of a debt, which exemption may not be waived. However, the exemption of workers' compensation claims from creditors does not extend to claims based on an award of child support or alimony. Fla. Stat. Ann. § 440.22 (West 2003). The seminal case construing § 440.22 is Broward v....
...inst Broward. Thereafter, Broward received a lump sum workers' compensation award which he deposited into a savings account. Jacksonville Medical Center attempted to garnish the savings account. Broward claimed that the funds were exempt pursuant to § 440.22....
...Because Broward had received the funds, they were no longer "due or payable" and were not exempt. The circuit court affirmed the county court's decision. The First District Court of Appeal denied certiorari but certified the following question to the Florida Supreme Court: "Does the 'due or payable' language of Section 440.22, Florida Statutes, mean that once compensation benefits have been paid to an injured employee or his or her beneficiaries that such benefits are no longer exempt from all claims of creditors?" Id....
...The Court holds that workers' compensation benefits invested in publicly traded securities (i.e. stocks, bonds, and mutual funds) retain their character as workers' compensation benefits "in the hands of the beneficiary" as defined by Broward and are thus exempt pursuant to § 440.22 of the Florida Statutes. The Court finds that the treasury bonds and *621 the mutual fund shares in the instant case are publicly traded securities. Alternatively, the Trustee argues that allowing the bonds and shares to be exempt is contrary to § 440.22's purpose of ensuring that a beneficiary keeps the benefits needed for his or her support after suffering an injury....
...nt retain their character as workers' compensation benefits "in the hands of the beneficiary" as defined by the Florida Supreme Court in Broward v. Jacksonville Medical Center,
690 So.2d 589 (Fla.1997) and are therefore exempt pursuant to Fla. Stat. §
440.22....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15209
...due appellant under the Workmen’s Compensation law. This being so, and the probate division of the circuit court having jurisdiction of the claim, the trial court was correct in denying appellant attorney fees. As to the cross assignment of error, § 440.22, Fla.Stat., provides as follows : “440.22 Assignment and Exemption From Claims of Creditors No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter, shall be valid, and such compensation and benefits shall...
...t would defeat the purpose of the Workmen’s Compensation law. The purpose of the Workmen’s Compensation law is to protect the injured workman or his family from destitution by providing for a bare minimum income to survive. The trial court under § 440.22, Fla.Stat., correctly held that the executor should not offset any sums owing the estate by appellant against her Workmen’s Compensation benefits....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 10096, 1997 WL 537056
...Jacksonville Medical Center,
690 So.2d 589 (Fla.1997), supports a conclusion that such benefits are still subject to the protections of section
222.18 following payment to the beneficiary. In Broward , the issue before the court was whether the “due or payable” language in section
440.22 1 should be interpreted to mean that once worker’s compensation benefits were paid to the employee they were no longer subject to protection from creditors....
...reditor and does not question whether a claim for alimony is an exception to the statutory exemption, we do not decide that issue. Cf. Bryant v. Bryant,
621 So.2d 574, 576 (Fla. 2d DCA 1993)(holding that a child support award was an exception to the section
440.22 exemption and explaining that “child support and alimony [are afforded] a special status” and are not viewed by the law as the equivalent of a claim made by a creditor who is not a dependent of the worker)....
...Therefore, we remand this cause and direct the trial court to conduct a hearing for the purpose of determining the source of the funds. To the extent that the money in the account is traceable as disability benefits, it is exempt. GLICKSTEIN, WARNER and STEVENSON, JJ., concur. . Section 440.22 states in relevant part: No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall be valid, and such compensation and benefits shall be exempt from al...
...ction of a debt, which exemption may not be waived. . Indeed, with section
222.18, there is not even the necessity of overcoming the "due or payable” language present in the worker's compensation statute. Compare §
222.18, Fla. Stat. (1995), with §
440.22, Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 15677
entire agreement was invalid as a violation of section
440.22, Florida Statutes (1997), which provides: No
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 645, 1989 Fla. App. LEXIS 1367, 1989 WL 19556
...E/C’s counsel represented to the dc that some of the checks in question were issued to the claimant and not to his wife. The claimant, of course, could have testified as to whether this was the case. Additionally, the dc was incorrect to the extent that he relied upon section 440.22, Florida Statutes (1987), for the proposition that e/c’s receiving credit for overpayment was tantamount to a prohibited levy, execution or attachment on the claimant’s benefits....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 9495, 28 Fla. L. Weekly Fed. D 1498
violation of Frances Stetson’s rights pursuant to section 440.022, Florida Statutes (1997). This complaint was
CopyPublished | United States Bankruptcy Court, M.D. Florida | 24 Fla. L. Weekly Fed. B 106, 2013 WL 3455947, 2013 Bankr. LEXIS 2751
...definition, then, benefits “due or payable” would not include benefits already paid. On the other hand, it was not clear to the Supreme Court that the words “due or payable” applied to the whole statute. 14 After all, unlike section
443.051, section
440.22 (the statute involved in Jacksonville Medical) consisted of two clauses with two separate subjects....
...Examples: accounts receivable, body politic, fee simple, force majeure, and proof positive. . Doc. No. 1 at Schedule B. . Id. at Schedule C. . §
443.051(2), Fla. Stat. (emphasis added). . In re Swetic,
2013 WL 988160 , at * 1. . Id. at *2. . Broward v. Jacksonville Medical,
690 So.2d 589, 590 (Fla.1997). . Id. (quoting §
440.22, Fla....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1997 Bankr. LEXIS 16, 1997 WL 8516
...They used $100,000 to buy a new home, paid other expenses associated with the home, repaid relatives and gave $3,000 to a son for the purchase of a car. The Trustee first objects to the Debt- or’s amended Schedule C in which the Debt- or’s claimed the Proceeds as exempt under Florida Statute § 440.22....
...Based on this testimony the Court does not believe that the Debtors had any intention to conceal assets or that they acted in bad faith. The Trustee objects, in the alternative, to the claimed exemption in the proceeds. The parties dispute the applicability to Florida Statute § 440.22. Section 440.22 provides— No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall be valid, and such compensation and benefits shall be exempt from all claims of c...
...Should a recipient of a lump sum payment lose the protection that would have been afforded had the payments been over time rather than all at once? A recent opinion by the First District Court of Appeal in Broward v. Jacksonville Medical Center, Inc.,
673 So.2d 962 (Fla. 1st DCA 1996), considered the application of Section
440.22 to a lump sum payment deposited into a savings account....
...The statute was designed to protect workers’ compensation claimants source of support from the claims of creditors.” Thus, Judge Proctor concluded that the lump sum payment received by the debtor was exempt. At the time Fraley was written, no Florida case had construed Florida Statute Section 440.22 in respect to lump sum payments....
CopyPublished | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 18946
We reverse that part of the final judgment. Section
440.22, Florida Statutes (1979) provides: ASSIGNMENT
CopyPublished | United States Bankruptcy Court, N.D. Florida | 14 Fla. L. Weekly Fed. B 200, 45 Collier Bankr. Cas. 2d 1183, 2001 Bankr. LEXIS 159, 37 Bankr. Ct. Dec. (CRR) 115, 2001 WL 173516
...etained their exempt status.
88 B.R. at 393. In In re Fraley,
148 B.R. 635 (Bankr.M.D.Fla.1992), the Court analyzed the exempt status of the proceeds of a lump sum settlement in a workers' compensation case. Citing to the exemption contained in F.S. §
440.22, he held that those traceable lump sum proceeds retained their exempt status when deposited in a bank account....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 13 Fla. L. Weekly Fed. B 123, 2000 Bankr. LEXIS 113
...Finding certain of the funds directly traceable to the Debtor's workers' compensation lump-sum settlement, the Court sustains the Trustee's Objection to the extent of $1,159.85 and overrules the Trustee's Objection to the extent of $142,821.92. The Debtor claims the subject funds exempt under § 440.22, Florida Statutes, as proceeds of a workers' compensation claim....
...The debtor subsequently suffered a work-related injury resulting in a lump-sum workers' compensation award. After the debtor placed the proceeds of the award in a savings account, the creditor garnished the proceeds of the award held therein. The debtor argued that the funds were exempt from garnishment under Section 440.22, which provides: No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall be valid, and such compensation and benefits shall be exempt from all claims of creditors, and from levy, execution and attachments or other remedy for recovery or collection of a debt, which exemption may not be waived. § 440.22, Florida Statutes (1993)....
...hat wages for a head of family are exempt even after being placed in a bank account and even though they may have been commingled with other funds, as long as the wages can be traced and properly identified. The court opined that its construction of Section
440.22 was consistent with the legislature's treatment of Section
222.11. It reasoned that the legislature had neglected to amend Section
440.22 in a similar manner as Section
222.11 only because no court had ever placed a limiting construction upon the former....
...The Supreme Court's decision in Broward supports neither of the Trustee's grounds for objecting to the exempt status of the funds in the SunTrust checking account. In support of his first contention, the Trustee cites Broward for the proposition that the Section 440.22 exemption is applicable only to the extent that the funds are traceable to workers' compensation benefits....
...count prior to the petition date. The Trustee has confused the concept of traceability with that of sequestration. In certain circumstances not present in the instant case, funds must be sequestered in order to maintain a certain legal status. Under Section 440.22, however, funds must only be traceable to workers' compensation benefits to be exempt....
...traceable. The Trustee's legal argument in support of his second ground for objection is also tenuous. He alleges that $69,800.00 of the Debtor's settlement is allocable directly to past and future medical expenses and is therefore not exempt under Section 440.22. This contention is completely without merit. The Trustee did not cite, and the Court did not find, any authority for the proposition that Section 440.22 makes a distinction between settlement proceeds allocable to medical expenses and settlement proceeds allocable to lost wages....
...nt with §
222.11 of the Florida Statutes, which exempts wages." The Court finds this argument nonsensical. *880 Apparently, the Trustee is proposing that since the Broward court compared the legislative intent behind Section
222.11 with that behind Section
440.22, the court intended to limit the scope of Section
440.22 to lost wages....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 16 Fla. L. Weekly Fed. B 55, 2002 Bankr. LEXIS 1649
...In due course, Captiva filed its Answer to the Complaint in which it admitted some and denied some of the allegations set forth in the Complaint. In addition, Capti- *199 va also asserted an affirmative defense alleging that the funds it received from the Debtor were exempt pursuant to Fla. Stat. 440.22, thus, the Trustee has no right to the funds it received from the Debtor....
...he two Motions for Summary Judgment under consideration is whether the Trustee’s voiding power under Section 548 can reach property which was claimable as exempt by the Debtor. The claim of exemption of the funds in question is based on Fla. Stat. 440.22....
...It is beyond peradventure to say that by virtue of Section 522(b)(2)(a), Florida opted out of the specific federal exemptions and the citizens of Florida may only claim properties as exempt under the applicable local law. The settlement proceeds are claimed by the Debtor to be exempt pursuant to Fla. Stat. 440.22, which provides as follows: 440.22....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 22110
...ttorney’s fee, to be determined at a later date. There is no statutory or case law authority to support this portion of the order. Section
440.20(1), Florida Statutes (1977), directs that compensation shall be paid directly to the entitled person. Section
440.22, Florida Statutes (1977), provides: No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter, shall be valid, and such compensation and benefits shall be ex...
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1997 Bankr. LEXIS 2005, 1997 WL 765772
...As of June 4, 1997, the date on which the Debtor’s Chapter 7 petition was filed, the Debtor held an outstanding claim for workers’ compensation benefits. The claim was contingent and unliquidated. The Debtor claimed this workers’ compensation claim as exempt under Florida Statute § 440.22 and 11 U.S.C. § 522 (d)(10)(C). The Chapter 7 Trustee contends that because the claim was contingent and unliquidated at the time of the bankruptcy filing, the referenced statutory provisions do not apply. Florida Statute § 440.22 provides: No assignment, release, or commutation of compensation or benefits due or payable under this chapter except as provided by this chapter shall be valid, and such compensation and benefits shall be exempt from all claims of creditor...
...This Court, in In re Moore,
203 B.R. 802 (Bankr.S.D.Fla.1997), addressed an identical situation and determined that a Debtor’s claim or cause of action for workers’ compensation benefits does not constitute funds that are “due and payable” as contemplated by Florida Statute §
440.22....
...source of income while he or she is able to work, but permitting a creditor to reach a worker’s source of income while he or she is injured and unable to work, offends notions of justice and logic. The Supreme Court concluded that Florida Statute § 440.22 “applies to workers’ compensation benefits received by the beneficiary and deposited in a bank account, so long as the funds are traceable to the workers’ compensation benefits.” Id. at 592. The Florida Supreme Court’s ruling does not directly affect this Court’s ruling in Moore . However, the ruling does lead this Court to consider whether the “due and payable” provision of § 440.22 should be as narrowly construed as it was in Moore ....
...ility to support his or her family. Consequently, this Court recedes from its ruling in Moore and finds that workers’ compensation benefits that have been claimed but have not been awarded are protected by the exemption provided by Florida Statute § 440.22....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Harrelson (“Trustee”), appeals the judgment of the district court affirming the decision of the bankruptcy court. The Trustee argues that a brokerage account purchased with workers compensation benefits no longer retains its character as workers’ compensation benefits exempt from creditors under Florida Statutes § 440.22....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Harrelson (“Trustee”), appeals the judgment of the district court affirming the decision of the bankruptcy court. The Trustee argues that a brokerage account purchased with workers compensation benefits no longer retains its character as workers’ compensation benefits exempt from creditors under Florida Statutes § 440.22....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 10 Fla. L. Weekly Fed. B 352, 1997 Bankr. LEXIS 699, 1997 WL 274200
...At that time, the Debtor still had $3,300.00 remaining of the workers’ compensation award, which monies were deposited in a cheeking account at Valrico State Bank. The Debtor claimed the workers’ compensation award as exempt on Schedule C pursuant to Fla. Stat. § 440.22 . Consequently, the Trustee filed her objection to the Debtor’s exemption. The parties dispute the applicability of Fla. Stat. § 440.22 to the Debtor’s workers’ compensation exemption. Fla.Stat. § 440.22 provides: Fla.Stat. 440, et seq. WORKERS’ COMPENSATION 440.22 Assignment and exemption from claims of creditors....
...(Emphasis added) The Trustee contends that the Debtor’s claim was no longer “due and payable” because the Debtor had received the workers’ compensation award prior to filing her Petition. The Debtor contends that the phrase “due and payable” under Fla.Stat. § 440.22 does include money received from a workers’ compensation award, citing In re Fraley, 148 B.R....
...The Florida Supreme Court recently ruled on Broward v. Jacksonville Med. Ctr.,
690 So.2d 589 (Fla.1997). In Broward, the Florida Supreme Court was called upon to answer the following question, certified as being of great public importance: DOES THE ‘DUE OR PAYABLE’ LANGUAGE OF SECTION
440.22, FLORIDA STATUTES, MEAN THAT ONCE COMPENSATION BENEFITS HAVE BEEN PAID TO AN INJURED EMPLOYEE OR HIS OR HER BENEFICIARIES THAT SUCH BENEFITS ARE NO LONGER EXEMPT FROM ALL CLAIMS OF CREDITORS? Id....
...ration and the decision of the Bankruptcy Court in In re Fraley,
148 B.R. 635 (Bankr.M.D.Fla.1992), concluded that the words “due and payable,” which terms were involved in the workers’ compensation statute under their consideration, Fla.Stat. §
440.22, should not be construed so narrowly as to prevent a beneficiary of such an award to claim as exempt the payments received pursuant to the statute....
...ard is determinative of the issue raised by the Trustee’s objection to the claimed exemption. The workers’ compensation award received by the Debtor and deposited into her checking account, therefore, maintained its exempt status under Fla.Stat. § 440.22....
CopyPublished | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 4004, 1997 WL 185606
...rs' compensation jurisprudence after July 1, 1994. The JCC ruled in the alternative below that this release provision was not applicable in these workers' compensation proceedings because the statutory release was not approved by the JCC pursuant to section 440.22, Florida Statutes....
...insolvent, precluding workers' compensation claimants who have filed a proof of claim in a receivership from seeking benefits directly from the employer notwithstanding a lack of approval of the release by a judge of compensation claims pursuant to section 440.22, that change in the law cannot be retroactively applied....
