STATE OF FLORIDA, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, APPELLANT/CROSS-APPELLEE,
v.
VINCENT L. RYAN, APPELLEE/CROSS-APPELLANT

Fla. 1st DCA | 1980-02-21
No. PP-312
ERVIN, SHIVERS and SHAW, JJ., concur.
381 So. 2d 269 Florida District Court of Appeal, First District (1980) Caution
Cited by 16 cases

Opinion of the Court
PER CURIAM.

[*270] PER CURIAM.

The order of the deputy commissioner is affirmed except with regard to the computation of average weekly wage. The deputy incorrectly included in his formula the state’s contribution to a retirement fund for the benefit of the claimant. The claimant has not completed 10 years of service and is not qualified for regular retirement. The employer’s contribution, at most, entitled the claimant to be eligible for two other disability retirements, if approved by the State Retirement office. There is no showing that at the time of the injury he was receiving any tangible benefit of a real present-day value from the state’s contribution to the fund. See Sunland Training Center v. Thomas, IRC Order 2-3917 (September 19, 1979). The order is reversed on this issue.

The order is affirmed in part and reversed in part and the cause is remanded to the deputy with directions that he recompute the average weekly wage consistent with .this opinion.

ERVIN, SHIVERS and SHAW, JJ., concur.


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  • Tampa Elec. Co. v. Bradshaw, 477 So. 2d 624 (Fla. 1st DCA 1985)
    …er the circumstances, appellant contends, claimant is unable to demonstrate that at the time of the injury he was receiving an increased “tangible benefit of a real present-day value”. State, Department of Health and Rehabilitative Services v. Ryan, 381 So. 2d 269, 270 (Fla. 1st DCA 1980). The difficulty with appellant’s argument is that we do not consider that the two statutes speak in plain and unmistakable terms in regard to a situation in which a pay increase is made retroactive to a period of time more…
  • Fair-Way Rest. & Aetna Ins. Co. v. Fair, 425 So. 2d 115 (Fla. 1st DCA 1982)
    …The ultimate test for determining whether a fringe benefit, such as meals, must be included is whether the employee receives a tangible benefit of a real, present-day value. State of Florida, Department of Health and Rehabilitative Services v. Ryan, 381 So. 2d 269 (Fla. 1st DCA 1980). This court has held that the value of included meals must be based on their fair market value, determined in accordance with Internal Revenue Service regulations. Rhaney v. Dobbs House, Inc., 415 So. 2d 1277 (Fla. 1st DCA 1982).…
  • City OF Tampa v. Bartley, 413 So. 2d 1280 (Fla. 1st DCA 1982)
    …y retirement benefit and the nonservice connected injury, disease or disability benefits, are not “vested,” and therefore do not meet the test of “tangible benefit of a real present-day value,” under State, Dept. of Health & Rehab. Services v. Ryan, 381 So. 2d 269 (Fla.App.1980). We reject appellee’s contention that the recent cases, Florida Sheriffs Ass’n v. Dept. of Admin., 408 So. 2d 1033 (Fla.1981), and City of Tallahassee v. Pub. Emp. Rel. Com., 410 So. 2d 487 (Fla.1981), call for a different result. Th…

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