Opinion
No. 1D99-2347.
Opinion filed March 6, 2000.
An appeal from an order entered by Judge of Compensation Claims Thomas Portuallo.
Geoffrey Bichler, Winter Park, for Appellant.
C. Anthony Schoder, Jr., of Smith, Schoder Roddenberry, P.A., Daytona Beach, for Appellees.
In this workers' compensation case, the claimant appeals an order of the judge of compensation claims (JCC) allowing the employer and carrier (E/C) to include cost-of-living increases to the claimant's in-line-of-duty state disability retirement benefits in the calculation of the workers' compensation offset. Based on recent decisions of this court and the Florida Supreme Court, we reverse and remand with directions to exclude cost-of-living increases to the claimant's disability retirement benefits from calculation of the offset. See, e.g., City of Clearwater v. Acker, 24 Fla. L. Weekly S456 (Fla. Dec. 9, 1999);State v. Herny, 24 Fla. L. Weekly D2467 (Fla. 1st DCA Oct. 29, 1999); Alderman v. Florida Plastering, 23 Fla. L. Weekly D2578 (Fla. 1st DCA Nov. 19, 1998), approved, 23 Fla. L. Weekly D2578 (Fla. Jan. 20, 2000). As in Herny, we certify to the supreme court the following question of great public importance:
WHEN CALCULATING THE OFFSET FOR DISABILITY RETIREMENT BENEFITS PURSUANT TO ESCAMBIA COUNTY SHERIFF'S DEPARTMENT V. GRICE, 692 So.2d 896 (Fla. 1997), IS THE EMPLOYER ENTITLED TO INCLUDE COST-OF-LIVING INCREASES TO THOSE BENEFITS?
REVERSED.
KAHN and WEBSTER, JJ., concur. PADOVANO, J., concurs in part and dissents in part with written opinion.
I join in the decision, but for the reasons expressed in my separate opinion in University of West Florida and Alexsis Risk Management v. Mixson, Case No. 98-4012, 24 Fla. L. Weekly — (Fla. 1st DCA 2000), I would not certify the issue to the supreme court.