SHERMAN C. THOMAS, APPELLANT,
v.
SUNLAND TRAINING CENTER AND DIVISION OF RISK MANAGEMENT, APPELLEES
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The court reversed a workers' compensation offset based on Social Security benefits because the Deputy Commissioner's finding lacked competent substantial evidence in the record.
An offset for Social Security benefits cannot be permitted without evidence in the record supporting that the claimant was receiving such benefits.
[1] An offset for Social Security benefits in workers' compensation proceedings requires competent substantial evidence in the record, not merely reliance on external agency…
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Join FLexlaw to unlock all legal intelligenceThe Deputy Commissioner found that the employer and carrier reasonably relied on Social Security Administration information indicating the claimant be…
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PER CURIAM.
Claimant appeals an order of the Deputy Commissioner finding that “the employer and carrier reasonably relied upon information provided to them by the Social Security Administration which indicated that the claimant started receiving Social Security payments in June 1977.... ” That information was not included in the record on appeal, nor was it evidenced elsewhere in the record. Therefore, the finding is not supported by competent substantial evidence.
The Deputy Commissioner further found that the Social Security Administration’s records were not available at the time of the hearing but that those records would be more reliable than claimant’s testimony in determining whether he had been receiving Social Security benefits. We agree that the records of the Social Security Administration would be reliable for determining whether claimant was receiving benefits prior to the hearing, but find that it was an error to permit the set off in the absence of evidence that it was warranted. See Borden, Inc. v. Butler, 377 So. 2d 795 (Fla. 1st DCA 1979). The case is therefore REMANDED for determining whether claimant was receiving Social Security benefits prior to the hearing, and for making appropriate adjustments.
ROBERT P. SMITH, Jr., C. J. and MILLS and SHIVERS, JJ., concur.
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Colonel's Table & Zurich-American Ins. Co. v. Malena, 412 So. 2d 64 (Fla. 1st DCA 1982)…the order of a deputy commissioner. Cf., Department of Transportation v. Lindsey, 383 So. 2d 956 (Fla. 1st DCA 1980). However, the offset should not be permitted in the absence of evidence that it is warranted. See Thomas v. Sunland Training Center, 408 So. 2d 685 (Fla. 1st DCA 1982); also see Town Drug Inc. v. Maples, IRC Order 2-3389 (4/5/78). Section 440.15(10)(c) requires an employee, upon demand by the employer or carrier, to authorize the social security administration to release disability informatio…
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Pate v. Maddox Foundry & Mach. Works & Aetna Ins. Co., 414 So. 2d 524 (Fla. 1st DCA 1982)…ns 440.-14(1), (2), Florida Statutes (1977). The deputy also properly denied the request to add vacation benefits to the average weekly wage because Pate failed to produce evidence that this benefit had vested. See Sunland Training Center v. Thomas, 408 So. 2d 685, cert. denied, 389 So. 2d 1116 (Fla.1980). However, we cannot accept the carrier’s suggestion for a correct average weekly wage because our calculations yield a different figure. Therefore, we remand for the deputy’s redetermination of the average w…
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Hardrives OF Delray, Inc. v. Otha O'Neal, 752 So. 2d 693 (Fla. 1st DCA 2000)…rrier computed the social security offset applicable to the claimant’s permanent total disability benefits using a monthly social security [*694] disability benefit of $1,343.10, rather than $1,119.20. Relying upon Thomas v. Sunland Training Center, 408 So. 2d 685 (Fla. 1st DCA 1982), Colonel’s Table v. Malena, 412 So. 2d 64 (Fla. 1st DCA 1982), and Pan American Bank v. Glinski, 584 So. 2d 52 (Fla. 1st DCA 1991), the judge of compensation claims held that the employer and carrier must repay the entire amount…
Authorities Cited
- Borden, Inc. v. Butler, 377 So. 2d 795 (Fla. 1st DCA 1979)