City of Miami v. Ventura

Full title: CITY OF MIAMI, APPELLANT, v. JOSEPH VENTURA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Feb 14, 1992

593 So. 2d 1182 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-00804.

February 14, 1992.

An Appeal from an Order of Judge of Compensation Claims Alan M. Kuker.

Jorge L. Fernandez, City Atty., and Ramon Irizarri and Kathryn S. Pecko, Asst. City Attys., Miami, for appellant.

Mark L. Zientz of Williams Zientz, Miami, for appellee.

PER CURIAM.

This cause is before us on appeal from an order requiring appellant, the City of Miami, to reimburse appellee, the claimant below, for offsets taken against his monthly pension benefits from July 1, 1973 through July 31, 1989. Because appellee's injury took place prior to the July 1, 1973 repeal of Section 440.09(4), Florida Statutes, this case is controlled by City of Miami v. Jones, 593 So.2d 544 (Fla. 1st DCA 1992). As we did in Jones, we reverse the offset reimbursement award and remand for further proceedings.

REVERSED AND REMANDED.

BOOTH, SMITH and BARFIELD, JJ., concur.