Opinion
No. SC94366.
Opinion filed January 20, 2000.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance First District — No. 1D98-1272.
David A. McCranie of McCranie Lower, P.A., Jacksonville, Florida, for Petitioner.
Sylvan A. Wells, Daytona Beach, Florida, for Respondent.
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. Johns, 23 Fla. L. Weekly D2519 (Fla. 1st DCA Nov. 10, 1998):
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(1)(e)(1), FLORIDA STATUTES (1985), IS THE EMPLOYER ENTITLED TO RECALCULATE THE OFFSET BASED ON THE YEARLY 5% INCREASE IN SUPPLEMENTAL BENEFITS?
We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in City of Clearwater v. Acker, 24 Fla. L. Weekly S567 (Fla. Dec. 9, 1999), we answer the certified question in the negative and approve the First District's decision in this case.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, and LEWIS, JJ., concur.