DEPARTMENT OF TRANSPORTATION AND CRAWFORD & COMPANY, APPELLANTS,
v.
JIMMY HOGAN, APPELLEE
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This workers' compensation appeal addresses whether an employer can recalculate a Social Security disability offset annually based on yearly increases in supplemental benefits. The court affirmed the lower tribunal's finding that the employer cannot recalculate the offset to account for annual supplemental benefit increases and certified the legal question to the Florida Supreme Court.
An employer may not recalculate the Social Security disability offset annually based on five percent annual increases in supplemental benefits. Once the offset is calculated with supplemental benefits included at the time of the initial offset, it remains fixed and cannot be adjusted for subsequent increases in supplemental benefits.
[1] An employer may not recalculate a workers' compensation offset annually based on the five percent annual increase in supplemental benefits when the offset initially inclu…
[2] A workers' compensation offset taken under section 440.20(15), Florida Statutes (1985), which initially includes supplemental benefits paid under section 440.15(l)(e)(l),…
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Join FLexlaw to unlock all legal intelligence“the Employer/Carrier may not recalculate the offset annually based on the five percent annual increase in supplemental benefits”
Establishes the core holding that offsets cannot be recalculated to account for yearly supplemental benefit increases
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Join FLexlaw to unlock all legal intelligenceAn employer initially took a Social Security disability offset in May 1988, including supplemental benefits to which the employee was entitled at that…
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PER CURIAM.
This appeal is from a workers’ compensation order determining the claimant is entitled to receive yearly increases in permanent total supplemental benefits. The JCC found the Employer/Carrier initially took advantage of the social security disability offset in May 1988, including consideration of the supplemental benefits to which the employee was entitled at the time of the initial offset. In July 1997, the Employer/Carrier ceased payment of all workers’ compensation indemnity payments based on the decision of the Florida Supreme Court in Escambia County Sheriff’s Department v. Grice, 692 So. 2d 896 (Fla.1997). Claimant filed a petition for benefits, seeking payment of permanent total disability compensation beginning July 21, 1997, forward. The JCC found that in accordance with this court’s decision in Acker v. City of Clearwater, 755 So. 2d 651 (Fla. 1st DCA 1998), review granted, 727 So. 2d 903 (Fla.1999), the Employer/Carrier may not recalculate the offset annually based on the five percent annual increase in supplemental benefits. The JCC ruled the claimant was entitled to the supplemental disability benefits as claimed.
We affirm the JCC’s order in all respects, thereby rejecting the Employer/Carrier’s request to recede from the holding in Acker, and to hold that an Employer/Carrier may include yearly supplemental benefits in calculating the offset authorized under section 440.20(15), Florida Statutes (1985). We grant the Employer/Carrier’s request to certify the question previously certified in Acker, and certify the following question:
WHERE AN EMPLOYER TAKES A WORKERS’ COMPENSATION OFFSET UNDER SECTION 440.20(15), FLORIDA STATUTES (1985), AND INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)(l), FLORIDA STATUTES (1985), IS THE EMPLOYER ENTITLED TO RECALCULATE THE OFFSET BASED ON THE YEARLY 5% INCREASE IN SUPPLEMENTAL BENEFITS?
JOANOS, ALLEN and KAHN, JJ., CONCUR.
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Citator
Cited By
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Fla. Dep't OF Transp. v. Hogan, 780 So. 2d 905 (Fla. 2001)…QUINCE, J. We have for review a decision on the following question of great public importance certified by the First District Court of Appeal in Department of Transportation v. Hogan, 777 So. 2d 976 (Fla. 1st DCA 1999): WHERE AN EMPLOYER TAKES A WORKERS’ COMPENSATION OFFSET UNDER SECTION 440.20(15), FLORIDA STATUTES (1985), AND INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)(l), FLORIDA STATUTES (1985), IS THE EMPLOYE…
Authorities Cited
- Escambia Cnty. Sheriff's Dep't v. Grice, 692 So. 2d 896 (Fla. 1997)
- Acker v. City OF Clearwater, 755 So. 2d 651 (Fla. 1st DCA 1998)