Luks Santaniello's Florida Workers Compensation blog

This April 12, 2012 1DCA decision affirmed a JCC decision of Judge Remsnyder. This case shows the relative ease that a claimant can get an initial $2,000 advance. At the JCC level, the claimant was awarded a $2,000 advance because there was competent substantial evidence to support that the Claimant had been unable to return to the same or equivalent employment. The employer/carrier disagreed with the JCC ruling and appealed. The first DCA affirmed the JCC's ruling concerning the advance. The 1DCA held that there was competent substantial evidence to support the JCC’s finding that the Claimant has been unable to return to the same or equivalent employment,and was eligible for an advance of $2,000 under § 440.20(12)(c), Fla. Stat. (2010). FYI Under 440.20(12)(c), there are 3 requisites for an award of an advance of $2,000 or less: 1:  The Claimant has been unable to return to the same or equivalent employment with no substantial reduction in wages;or 2: The claiman...