CITY OF MIAMI, A MUNICIPAL CORPORATION, APPELLANT,
v.
MARTIN C. HERNDON, APPELLEE
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.
The City of Miami cannot reduce a retiree's allowance by the amount of workers' compensation benefits previously paid for an injury sustained before retirement.
Martin C. Herndon received workers' compensation benefits for an injury sustained while employed by the City of Miami. After retiring, the City reduce…
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 Construction Of Statutes cases and more on FLexlaw
This is an appeal from a final declaratory judgment wherein the court held:
“ * * * the procedure utilized by the City of Miami, a municipal corporation, in reducing plaintiff MARTIN C. HERNDON’S retirement allowance by the amount of Workmen’s Compensation benefits previously paid to MARTIN C. HERNDON while in the employment of the City of Miami for accidental injury prior to his award of retirement under § 2-91(1) of the Miami City Code, is illegal, void, and conflicts with Florida Statute 440.09(4).”
The City of Miami as appellant urges that the procedure it wishes to follow is authorized by the provisions of § 2-91(15) City of Miami Code. A review of the provisions of the code establishes that it expresses the same intent as the statute.
The plain meaning of the language of § 440.09(4), Fla.Stat., F.S.A. is that the City of Miami is not authorized to reduce Hern-don’s retirement allowance by the amount of workmen’s compensation benefit payments made to Herndon while he was still employed by the City of Miami and before he retired from that employment.
None of the other contentions advanced by the City has merit. Therefore the judgment is affirmed. Cf. City of Miami v. Graham, Fla.1962, 138 So.2d 751; Purdy v. Covert, Fla.App.1963, 151 So.2d 891.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ervin Dexter Lillard v. City OF Miami, 220 So. 2d 413 (Fla. 3d DCA 1969)…llard’s right to seek appropriate relief by declaratory decree or otherwise on the theory that the city may have been in violation of the rule set forth in Schel v. City of Miami, Fla.1966, 193 So. 2d 170 and City of Miami v. Herndon, Fla.App. 1968, 209 So. 2d 487. Affirmed.…
-
City OF Miami v. Clark, 223 So. 2d 387 (Fla. 3d DCA 1969)…city to recoup amounts paid under a workmen’s compensation award from a subsequent award of a disability pension. This cause was pending when this court determined the rights of similarly situated parties in City of Miami v. Herndon, Fla. App.1968, 209 So. 2d 487. The circuit judge entered his judgment in accordance with the following quotation from that case: “The plain meaning of the language of § 440.09(4), Fla.Stat., F.S.A. is that the City of Miami is not authorized to reduce Herndon’s retirement allow…
-
City OF Miami v. Watkins, 237 So. 2d 71 (Fla. 3d DCA 1970)…workmen’s compensation payments that had been made to the appellees prior to their retirement. The trial Court granted a partial summary judgment as to the issue of liability, basing its decision upon City of Miami v. City of Herndon, Fla.App. 1968, 209 So. 2d 487. Having examined the germane facts of the instant case, we hereby hold that the trial judge was eminently correct when he applied the principles of Herndon, supra, to the case at bar. In Herndon, we stated that: “The plain meaning of the language…
Authorities Cited
- City OF Miami v. Graham, 138 So. 2d 751 (Fla. 1962)
- Purdy v. Thane A. Covert, 151 So. 2d 891 (Fla. 2d DCA 1963)