J.G. Wentworth, S.S.C., L.P. v. Safeco Life Insurance
Docket: No. 99-868
Court: District Court of Appeal of Florida; November 23, 1999; Florida; State Appellate Court
An injured employee assigned her right to annuity payments from a worker’s compensation settlement to an appellant in exchange for a cash payment. As part of this agreement, the employee changed the beneficiary of the policy from her husband to her estate and executed a will to transfer the estate’s interest in the annuity payments to the appellant. The employee notified Safeco, the insurer, of this change. Upon the employee's death, Safeco refused to honor the change of beneficiary and did not make payments to either the estate or the appellant. The appellant filed a lawsuit, but Safeco claimed the entire agreement was invalid under section 440.22 of the Florida Statutes, which prohibits the assignment of worker’s compensation benefits except as provided by the statute. The trial court agreed with Safeco and granted summary judgment, asserting that the agreement's components must be viewed collectively, rendering the entire transaction unenforceable. The appellate court affirmed the trial court's ruling, reinforcing that the assignment of benefits was invalid under section 440.22. Judges Dell and Taylor concurred with the decision.