TRAVELERS INDEMNITY COMPANY, APPELLANT,
v.
ODELL DAVIS, APPELLEE
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Personal injury protection benefits are primary, but benefits received under workmen's compensation law are credited against the statutory $5,000.00 limit.
[1] Workmen's compensation benefits received for the same items of loss and expense under any workmen's compensation law reduce the total aggregate limit of personal injury p…
[2] The Florida Automobile Reparations Act requires personal injury protection insurers to credit workmen's compensation benefits against the statutory $5,000.00 limitation.
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Join FLexlaw to unlock all legal intelligenceThis case involved the interpretation of Florida's Automobile Reparations Act, specifically how personal injury protection (PIP) benefits interact wit…
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PER CURIAM.
This case was scheduled for oral argument on March 23, 1977 by prior order of this court. Since the case was scheduled for argument, this court has resolved the single point presented on this appeal by its opinion in Comeau v. Safeco Insurance Company of America, 342 So. 2d 1085 (Fla. 1st DCA 1977), Opinion filed March 3, 1977. In Comeau, this court said:
“By this appeal, we are called upon to construe a part of the Florida Automobile Reparations Act, subsection (4) of Section 627.736, Florida Statutes (1975), which provides that personal injury protection benefits shall be primary, ‘except that benefits received under any workmen’s compensation law shall be credited against the benefits provided by subsection (1)’. Subsection (1) limits the benefits to $5,000.00.
“Comeau contends that subsection (4) requires a personal injury protection insurer to supplement workmen’s compensation benefits until the insurer has paid its limits of $5,000.00. Safeco contends that the subsection requires an insurer to supplement workmen’s compensation benefits until the insured has been paid, both from workmen’s compensation benefits and from the insurer, $5,000.00.”
“. . . The legislature clearly and plainly stated in subsection (4) that workmen’s compensation benefits are credited against the statutory $5,000.00 limitation. It is obvious that the legislature intended that when workmen’s compensation benefits are received for the same items of loss and expense under any workmen’s compensation law, the total aggregate limit of personal injury protection benefits available with respect to such bodily injury shall be reduced by the amount of workmen’s compensation benefits received.”
In the case sub judice, the learned trial judge, who was without the benefit of our opinion in the Comeau case, held contra.
Accordingly, pursuant to the authority vested in us by Fia.App. Rule 3.10e., oral argument in this case is dispensed with and the case is reversed and remanded for further proceedings consistent herewith.
REVERSED.
BOYER, C. J., and McCORD and RAWLS, JJ., concur.
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Odell Davis v. Travelers Indem. Co., 356 So. 2d 794 (Fla. 1978)…KARL, Justice. We have for review on petition for writ of certiorari the decision of the District Court of Appeal, First District, reported at 343 So. 2d 669 (Fla. 1st DCA 1977), which directly conflicts with Charter Oak Fire Insurance Co. v. Regalado, 339 So. 2d 277 (Fla. 3d DCA 1976), and Fine v. Travelers Insurance Co., 342 So. 2d 848 (Fla. 3d DCA 1977), thereby vesting jurisdiction in this Court purs…
Authorities Cited
- State v. Schwarzbauer, 342 So. 2d 1085 (Fla. 2d DCA 1977)
- Comeau v. Safeco Ins. Co. OF Am., 342 So. 2d 1085 (Fla. 1st DCA 1977)