JOHN S. MORROW, PETITIONER,
v.
AMCON CONCRETE, INC. AND MICHIGAN MUTUAL INSURANCE COMPANY, RESPONDENTS
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PER CURIAM.
We accepted jurisdiction in this case based on the district court’s reliance on Sasso v. Ram Property Management, 431 So. 2d 204 (Fla. 1st DCA 1983), to uphold the constitutionality of section 440.-15(3)(b)4., Florida Statutes (1979) * against the argument that it violated petitioner’s right to equal protection under the law. Morrow v. Amcon Concrete, Inc., 433 So. 2d 1230 (Fla. 1st DCA 1983). Because we are unable to find that age discrimination requires review under a standard more strict than the “rational basis” test, Sasso v. Ram Property Management, 452 So. 2d 932 (Fla.1984), because we find that the age-discrimination scheme of section 440.-15(3)(b) passes the rational basis test, and for the other reasons discussed in our decision in Sasso, we approve the district court’s decision in this case.
It is so ordered.
ALDERMAN, C.J., BOYD, OVERTON, McDONALD and EHRLICH, JJ., concur. ADKINS, J., dissents.
*
We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
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Citator
Cited By
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Dixon v. Pasadena Yacht & Country Club & Alexsis, Inc., 731 So. 2d 141 (Fla. 1st DCA 1999)…rather than to retirement or wage-loss. Id. at 218-19 (footnotes omitted). Accord Morrow v. Amcon Concrete, Inc., 433 So. 2d 1230 (Fla. 1st DCA 1983) (distinguishing setoffs for social security disability and social security retirement), approved, 452 So. 2d 934 (Fla.1984). And see Industrial Claim Appeals Office of State v. Romero, 912 P. 2d 62, 67-68 (Colo.1996) (“Social security retirement benefits are provided to persons over age sixty-five regardless of injury as long as the recipient has reached the s…
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Florene Fruggiero v. Best W. Resort INN & Aetna Ins. Co., 461 So. 2d 254 (Fla. 1st DCA 1984)…15(3)(b)4., Florida Statutes (Supp.1982).1 Her contention that Section 440.15(3)(b)4. violates the equal protection clauses of both the federal and state constitutions has been rejected by the Florida Supreme Court in Morrow v. Amcon Concrete, Inc., 452 So. 2d 934 (Fla.1984), and Sasso v. Ram. Property Management, 452 So. 2d 932 (Fla.1984). Next, this court rejected the contention that Section 440.15(3)(b)(3)d. violates the federal supremacy clause because it conflicts with Section 403(f)(3) of the Social Se…
Authorities Cited
- Fred v. Sasso, 431 So. 2d 204 (Fla. 1st DCA 1983)
- Sasso v. RAM Prop. Mgmt. & Fireman's Fund Ins. Co., 452 So. 2d 932 (Fla. 1984)
- Morrow v. Amcon Concrete, Inc., 433 So. 2d 1230 (Fla. 1st DCA 1983)