STATE OF FLORIDA, DIVISION OF WORKERS' COMPENSATION, ADMINISTRATIVE TRUST FUND AND WALT DISNEY WORLD, APPELLANTS,
v.
WILLIAM HOOKS, APPELLEE

Fla. 1st DCA | 1987-10-22
No. BQ-426
BOOTH and WIGGINTON, JJ., concur.
515 So. 2d 294 Florida District Court of Appeal, First District (1987) Positive Treatment
Cited by 5 cases

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Synopsis

Florida's Division of Workers' Compensation appealed a deputy commissioner's decision that supplemental worker's compensation benefits are exempt from the statutory 80 percent wage replacement cap when an employee receives social security benefits. The court reversed, holding that the plain language of section 440.15(10) clearly includes supplemental benefits within the social security offset limitation.


Holding

Supplemental benefits are subject to the 80 percent social security offset cap. The statutory language clearly includes supplemental benefits within those benefits subject to the limitation, and the legislature's intent to subject such benefits to this cap is unambiguous.


Headnotes

[1] Supplemental worker's compensation benefits are subject to the 80 percent cap of the social security offset established by statute.

[2] The legislature's intent to include supplemental benefits within the 80 percent limitation for social security offsets is clear from the statutory language.

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Key Quotes

“Section 440.15(10), Florida Statutes expressly includes supplemental benefits within those benefits subject to the 80 percent limitation in computing the offset. The statute provides for no other interpretation than for such inclusion.”

Establishes the plain language interpretation that supplemental benefits must be included in the offset calculation.

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Facts & Procedural History

An injured employee receiving both supplemental worker's compensation benefits under section 440.15(1)(e) and social security benefits sought to avoid…

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Opinion of the Court
BARFIELD, Judge.

BARFIELD, Judge.

Appellant seeks review of a compensation order finding that supplemental worker’s compensation benefits received by an injured employee who also receives social security benefits are not subject to the cap of 80 percent of average weekly wage established in section 440.15(10), Florida Statutes (Supp.1978)1 Agreeing with appellant that the deputy commissioner erred in this finding, we reverse the order. The deputy commissioner found supplemental benefits payable under section 440.-15(l)(e) are not subject to the limitation of the statutory “social security offset.” Such benefits were found to be intended by the legislature as a hedge against inflation so that the purchasing power of the employee’s benefits would not be reduced over time due to inflation. To include supplemental benefits within the 80 percent cap would thwart the legislative intent to provide a cost of living increase to disabled employees. The deputy also noted that supplemental benefits, while called weekly compensation benefits, actually were paid every 28 days, citing Good Housekeeping Gas Co. v. Kitler, 492 So. 2d 700 (Fla. 1st DCA 1986).

Section 440.15(l)(e), Florida Statutes, awards an “injured employee ... additional weekly compensation benefits equal to 5 percent of his weekly compensation rate ... multiplied by the number of calendar years since the date of the injury.” (e.s.) The legislature created a “social security offset”2 whereby “weekly compensation benefits” received by an employee eligible for federal social security benefits are reduced to an amount where the combined benefits do not exceed 80 percent of the employee’s average weekly wage. That subsection further provides that “[n]o disability compensation benefits payable for any week, including those benefits provided by paragraph (l)(e) [supplemental benefits] shall be reduced” until the employee actually begins receiving social security benefits, (e.s.)3

The legislature’s intent to include supplemental benefits within those benefits subject to the 80 percent cap of the social security offset is clear. Section 440.15(10), Florida Statutes expressly includes supplemental benefits within those benefits subject to the 80 percent limitation in computing the offset. The statute provides for no other interpretation than for such inclusion. While we appreciate the deputy’s concern for the effects of inflation and the need to compensate a disabled employee with no ready means to counter its impact, we are bound to give effect to the legislature’s clearly expressed intent to subject such benefits to this limitation. While recognizing this court has held that social security cost of living increases and wage loss benefits are not included when computing the 80 percent limitation4, we cannot extend those holdings to exclude supplemental benefits from calculation of those benefits subject to that limitation. That relief must come from the legislature. We find no comfort in the fact that appellant pays supplemental benefits monthly when the statute expressly refers to supplemental benefits as “additional weekly compensation benefits.” This administrative con venience cannot defeat the clear legislative intent.

The deputy commissioner’s order is REVERSED and the matter REMANDED for entry of an order consistent with this decision.

BOOTH and WIGGINTON, JJ., concur. . Now section 440.15(9), Florida Statutes.

. § 440.15(10), Florida Statutes (Supp.1978).

. An employee’s failure to authorize the release of information to the e/c or the appellant regarding social security benefits will result in the loss of benefits including supplemental benefits until such authorization is given.

§ 440.15(10)(c).

.Good Housekeeping Gas Co. v. Kitler, 492 So. 2d 700 (Fla. 1st DCA 1986) (wage loss benefits not subject to social security offset as such benefits are not weekly benefits, but are statutorily described as monthly benefits); Great Atlantic & Pacific Tea Co., 380 So. 2d 558 (Fla. 1st DCA 1980) (social security cost-of-living increases not included within 80 percent cap).


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Citator

Cited By

  • Verlin E. Hyatt v. Larson Dairy, Inc., 589 So. 2d 367 (Fla. 1st DCA 1991)
    …; and we agree with the judge of compensation claims. “The legislature’s intent to include supplemental benefits within those benefits subject to the 80 percent cap of the social security offset is clear.” Division of Workers’ Compensation v. Hooks, 515 So. 2d 294, 295 (Fla. 1st DCA 1987). Hyatt argues that he should receive supplemental benefits in addition to his weekly compensation rate. We construe the order on appeal as so finding. For example, in 1988 Hyatt is entitled to a weekly compensation rate of…
  • State of Fla. & Dep't of Ins. v. Herny, 776 So. 2d 932 (Fla. 1st DCA 1999)
    …that language in previous decisions suggested (without considering the precise issue raised in Acker) that such a result was required. See, e.g., Hunt v. Stratton, 677 So. 2d 64 (Fla. 1st DCA 1996); State, Division of Workers’ Compensation v. Hooks, 515 So. 2d 294 (Fla. 1st DCA 1987). Perhaps it was simply attributable to the fact that Acker did not challenge the inclusion of the first supplemental benefit payment in the offset calculation. In any event, it seems to us that the rationale behind the decisions…
  • Jackson v. Hochadel Roofing Co. & Claims Ctr., 794 So. 2d 668 (Fla. 1st DCA 2001)
    …year Mr. Jackson became totally and permanently disabled, rather than in 1995, the year Hochadel first became entitled to take the social security disability offset. The basic formula is statutory. See State, Div. of Workers’ Compensation v. Hooks, 515 So. 2d 294, 295 (Fla. 1st DCA 1987) (“While ... this court has held that social security cost of living increases ... are not included when computing the 80 percent limitation, we cannot extend those holdings to exclude supplemental benefits from calculation o…

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