CITY OF MIAMI, APPELLANT,
v.
HERBERT HARRISON, APPELLEE
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ERVIN, Judge.
Appellant, the City of Miami, seeks review of a workers’ compensation order directing it to reimburse appellee, Herbert Harrison, the claimant below, for offsets taken against his monthly pension benefits from July 1, 1973 through August 1, 1989, and directing it to reimburse appellee for the cost of prescription medicine from October 1970 through January 1991. As for the offset issue, because appellee’s injury took place prior to the July 1, 1973 repeal of Section 440.09(4), Florida Statutes, this case is controlled by City of Miami v. Jones, 593 So. 2d 544 (Fla. 1st DCA), review denied, 599 So. 2d 1279 (Fla.1992). We therefore reverse the offset-reimbursement award and remand for further proceedings consistent with this opinion.1 As for the prescription medicine reimbursement issue, we find that there is competent, substantial evidence in the record to support the award and affirm.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.
ZEHMER and BARFIELD, JJ., concur. . Because of our disposition of this issue, we decline to consider appellant's issues regarding the parties’ 1967 stipulation and the retroactive application of Barragan v. City of Miami, 545 So. 2d 252 (Fla.1989).
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Roberson v. State, 648 So. 2d 1255 (Fla. 5th DCA 1995)…erson’s Motion for Post-Conviction Relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The issue he raised, the voluntariness of his waiver of his right to remain silent, was disposed of previously on direct appeal. Roberson v. State, 608 So. 2d 577 (Fla. 5th DCA 1992), dismissed, 617 So. 2d 320 (Fla.1993). Thus, this issue is procedurally barred. Medina v. State, 573 So. 2d 293, 295 (Fla.1990), habeas corpus denied, 586 So. 2d 317 (Fla.1991). COBB, DIAMANTIS and THOMPSON, JJ., concur.…
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City OF Miami v. Harrison, 647 So. 2d 1062 (Fla. 1st DCA 1994)…ce with City’s attorney. Both of these disputed items involved hours billed on unspecified dates in 1992. These 13 hours relate to periods after the filing date of the notice of appeal in the prior litigation (Appeal # 1). City of Miami v. Harrison, 608 So. 2d 577 (Fla. 1st DCA 1992) (affirming award of prescription reimbursement and reversing on issue of offsets taken against monthly pension benefits). Because the record fails to demonstrate that the 13 hours of [*1063] billable time in 1992 (during the pend…
Authorities Cited
- Barragan v. City OF Miami, 545 So. 2d 252 (Fla. 1989)
- City OF Miami v. Jones, 593 So. 2d 544 (Fla. 1st DCA 1992)