ALAN EABY, APPELLANT,
v.
VOLUSIA COUNTY FIRE SERVICES AND COUNTY OF VOLUSIA, APPELLEES
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Florida appellate court reversed the workers' compensation offset calculation to exclude cost-of-living increases to disability retirement benefits, certifying a question of great public importance to the Florida Supreme Court.
Cost-of-living increases to in-line-of-duty state disability retirement benefits must be excluded from the calculation of the workers' compensation offset.
[1] Cost-of-living increases to in-line-of-duty state disability retirement benefits are excluded from the workers' compensation offset calculation under Escambia County Sheriff's Department v. …
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Join FLexlaw to unlock all legal intelligenceA claimant in a workers' compensation case appealed an order by the judge of compensation claims that allowed the employer and carrier to include cost…
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PER CURIAM.
In this workers’ compensation case, the claimant appeals an order of the judge of compensation claims (JCC) allowing the employer and carrier (E/C) to include cost-of-living increases to the claimant’s in-line-of-duty state disability retirement benefits in the calculation of the workers’ compensation offset. Based on recent decisions of this court and the Florida Supreme Court, we reverse and remand with directions to exclude cost-of-living increases to the claimant’s disability retirement benefits from calculation of the offset. See, e.g., City of Clearwater v. Acker, 755 So. 2d 597 (Fla.1999); State v. Herny, 24 Fla. L. Weekly D2467, — So. 2d -, 1999 WL 979474 (Fla. 1st DCA Oct.29, 1999); Aiderman v. Florida Plastering, 748 So. 2d 1038 (Fla. 1st DCA 1998), approved, 755 So. 2d 604 (Fla.2000). As in Hemy, we certify to the supreme court the following question of great public importance:
WHEN CALCULATING THE OFFSET FOR DISABILITY RETIREMENT BENEFITS PURSUANT TO ESCAMBIA COUNTY SHERIFF’S DEPARTMENT V. GRICE, 692 So. 2d 896 (Fla.1997), IS THE EMPLOYER ENTITLED TO INCLUDE COST-OF-LIVING INCREASES TO THOSE BENEFITS?
REVERSED.
KAHN and WEBSTER, JJ., concur. PADOVANO, J., concurs in part and dissents in part with written opinion.
PADOVANO, J.,
concurring in part and dissenting in part.
I join in the decision, but for the reasons expressed in my separate opinion in University of West Florida and Alexsis Risk Management v. Mixson, 752 So. 2d 92 (Fla. 1st DCA 2000), I would not certify the issue to the supreme court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Georgette Webber v. Volusia Co. Health & Div. of Risk Mgmt., 757 So. 2d 581 (Fla. 1st DCA 2000)…laimant’s state disability retirement benefits. - HRS, State of Florida v. Pascual, 25 Fla. L. Weekly D596, — So. 2d -, 2000 WL 242770 (Fla. 1st DCA March 6, 2000), petition for review filed, No. 00-590 (Fla. March 20, 2000); Eaby v. Volusia County, 752 So. 2d 119 (Fla. 1st DCA 2000); State v. Herny, 24 Fla. L. Weekly D2467, — So. 2d -, 1999 WL 979474 (Fla. 1st DCA October 29, 1999), rev. granted, No. 96,962, — So. 2d — (Fla. March 20, 2000); see also Florida Department of Corrections v. Mulvaney, 752 So. 2d…
Authorities Cited
- Florida Plastering v. Alderman, 755 So. 2d 604 (Fla. 2000)
- RAY v. State, 755 So. 2d 604 (Fla. 2000)
- Escambia Cnty. Sheriff's Dep't v. Grice, 692 So. 2d 896 (Fla. 1997)
- City OF Clearwater v. Judi Acker, 755 So. 2d 597 (Fla. 1999)
- Alderman v. Fla. Plastering & Associated Indus. Ins. Co., 748 So. 2d 1038 (Fla. 1st DCA 1998)
- Univ. OF W. Fla. & Alexsis Risk Mgmt. v. Mixson, 752 So. 2d 92 (Fla. 1st DCA 2000)