GEORGETTE WEBBER, APPELLANT,
v.
VOLUSIA CO. HEALTH & DIVISION OF RISK MANAGEMENT, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A workers' compensation claimant challenged the offset applied to her permanent total disability benefits. The court held that while an offset under Grice is permissible, it cannot include cost-of-living adjustments or health insurance subsidies from state retirement benefits.
The offset permitted under Escambia County Sheriff's Department v. Grice and § 440.20(15), Fla. Stat. (1991) may not include the cost-of-living adjustment or health insurance subsidy associated with the claimant's state disability retirement benefits.
[1] A workers' compensation employer's offset against permanent total disability benefits may not include the cost of living adjustment for the claimant's state disability re…
[2] A workers' compensation employer's offset against permanent total disability benefits may not include a health insurance subsidy received by the claimant in connection wi…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the offset may not include the cost of living adjustment for the claimant's state disability retirement benefits”
Establishes the primary holding that cost-of-living adjustments cannot be included in the offset calculation.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGeorgette Webber received permanent total disability benefits from her employer, Volusia County Health. The employer applied an offset against these b…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Workers' Compensation Offset cases and more on FLexlaw
ALLEN, J.
The claimant appeals a workers’. compensation order by which the judge denied a claim which was based on a challenge to the amount of the offset which the employer applied against permanent total disability benefits. In denying this claim the judge ruled that the employer took a proper offset in accordance with Escambia County Sheriff's Department v. Grice, 692 So. 2d 896 (Fla.1997).
However, while the Grice offset pertains in this case pursuant to § 440.20(15), Fla. Stat. (1991), the offset may not include the cost of living adjustment for the claimant’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 120 (Fla. 1st DCA 2000); University of West Florida v. Mixson, 752 So. 2d 92 (Fla. 1st DCA 2000); HRS District II v. Pickard, 24 Fla.
L. Weekly D1749, — So. 2d -, 1999 WL 503456 (Fla. 1st DCA July 19, 1999), petition for review filed,. Ho. 96,801 (Fla. October 21, 1999). As Hemy further establishes, the offset likewise may not include the health insurance subsidy which the claimant receives in connection with her state retirement benefits. On remand the judge should also reconsider the claim for penalties, interest, costs, and an attorney’s fee, to the extent that this claim is affected by recomputation of the employer’s offset.
The appealed order is reversed and the case is remanded.
ERVIN and DAVIS, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Escambia Cnty. Sheriff's Dep't v. Grice, 692 So. 2d 896 (Fla. 1997)
- Univ. OF W. Fla. & Alexsis Risk Mgmt. v. Mixson, 752 So. 2d 92 (Fla. 1st DCA 2000)
- Eaby v. Volusia Cnty. Fire Servs. & Cnty. of Volusia, 752 So. 2d 119 (Fla. 1st DCA 2000)
- Fla. Dep't OF Corr. & Div. of Risk Mgmt. v. Mulvaney, 752 So. 2d 120 (Fla. 1st DCA 2000)
- HRS v. Teresita G. Pascual, 785 So. 2d 509 (Fla. 1st DCA 2000)