Opinion
No. 1D99-43.
Opinion filed March 6, 2000.
An appeal from an order of the Judge of Compensation Claims, Richard S. Thompson.
David A. McCranie of McCranie Lower, P.A., Jacksonville, for Appellants.
Jay M. Fisher, Maitland, and Bill McCabe, Longwood, for Appellee.
In this workers' compensation case, the employer/carrier (E/C) appeal an order of the judge of compensation claims (JCC) concerning the calculation of offsets to which the E/C are entitled. Based on recent decisions of this court and the Florida Supreme Court, we approve the JCC's order. See, e.g., City of Clearwater v. Acker, 24 Fla. L. Weekly S567 (Fla. Dec. 9, 1999);State v. Herny, 24 Fla. L. Weekly D2467 ___ So.2d ___, 1999 WL 979474 (Fla. 1st DCA Oct. 29, 1999); Alderman v. Florida Plastering, 23 Fla. L. Weekly D2578 (Fla. 1st DCA Nov. 19, 1998), review granted, 732 So.2d 326 (Fla. 1999). 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?
AFFIRMED.
KAHN and WEBSTER, concur, and PADOVANO, concurring in part and dissenting in part with 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.