WINN DIXIE STORES, INC., AND UNDERWRITERS ADJUSTING CO., APPELLANTS,
v.
BOBBY LEE CRAWFORD, APPELLEE
PER CURIAM.
The employer/carrier appeals a worker’s compensation order which we hereby affirm, except as to the Judge’s refusal to consider the claimant’s “average current earnings” in computing the § 440.15(1), Fla. Stat., compensation offset. The carrier is entitled to such offset, based on 80% of the claimant’s average weekly wage, only so long as the § 440.15(1), Fla.Stat. offset does not exceed the federal offset under 42 U.S.C. § 424a, based on 80% of the claimant’s “average current earnings.” Beulah Baptist Church v. Brantley, IRC Order 2— 3907 (September 11, 1979).
Accordingly, the order is affirmed in part and reversed in part, and the cause is remanded for further proceedings consistent with this opinion.
LARRY G. SMITH, Acting C. J., and SHAW and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Am. Bankers Ins. Co. v. Vella Little, 393 So. 2d 1063 (Fla. 1980)…o decide what effect, if any, this discrepancy might have on claimants’ rights to compensation. See Patrick Fruit Co. v. Boykins, IRC Order 2-3904 (Sept. 11, 1979) (discussion of the proper calculation). See also Winn Dixie Stores, Inc. v. Crawford, 376 So. 2d 482 (Fla. 1st DCA 1979); Husky Indus, v. Mixon, IRC Order 2-3905 (Sept. 11, 1979). . “Both Social Security and Workmen’s Compensation are social welfare legislation ... Most of the argument for the Workmen’s Compensation offset came from employers who…