A common misconception in Chapter 440 is that, per  s. 440.20(12)(c), a Claimant cannot get a $2000 advance from the E/C if Claimant cannot pay the E/C back.  For example, many E/C’s would refuse to give a $2,000 advance to a Claimant who was at MMI.  The reasoning being that Claimant is no longer eligible for indemnity benefits, so the E/C cannot recoup the advance from future 20% deductions in indemnity payments, per s. 440.15(12).

Chalk this up to one of the unanswered scenarios that the Legislature never resolved, but if a Claimant can prove the one of the three factors of s. 440.20(12)(c), she can get a $2,000 advance even with the possibility that an E/C may never recoup the advance.  

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