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Webber v. Volusia Co. Health

District Court of Appeal of Florida, First District
May 8, 2000
757 So. 2d 581 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-457.

Opinion filed May 8, 2000.

An appeal from Order of the Judge of Compensation Claims, Thomas G. Portuallo, Judge.

Edward H. Hurt, Jr., Orlando, and Bill McCabe, Longwood, for Appellant.

C. Anthony Schoder, Jr. of Smith, Schoder Roddenberry, P.A., Daytona Beach, for Appellees.


The claimant appeals a workers' compensation order by which the judge denied a claim which was based on a challenge to the amount of the offset which the employer applied against permanent total disability benefits. In denying this claim the judge ruled that the employer took a proper offset in accordance with Escambia County Sheriff's Department v. Grice, 692 So.2d 896 (Fla. 1997). However, while the Grice offset pertains in this case pursuant to § 440.20(15), Fla. Stat. (1991), the offset may not include the cost of living adjustment for the claimant's state disability retirement benefits. HRS, State of Florida v. Pascual, 25 Fla. L. Weekly D596 (Fla. 1st DCA March 6, 2000), petition for review filed, No. 00-590 (Fla. March 20, 2000); Eaby v. Volusia County, 25 Fla. L. Weekly D594 (Fla. 1st DCA March 6, 2000); State v. Herny, 24 Fla. L. Weekly D2467 (Fla. 1st DCA October 29, 1999),rev. granted, No. 96,962 (Fla. March 22, 2000); see also Florida Department of Corrections v. Mulvaney, No. 99-43 (Fla. 1st DCA March 6, 2000); University of West Florida v. Mixson, 25 Fla. L. Weekly D544 (Fla. 1st DCA February 28, 2000); HRS District II v. Pickard, 24 Fla. L. Weekly D1749 (Fla. 1st DCA July 19, 1999),petition for review filed, No. 96,801 (Fla. October 21, 1999). As Herny further establishes, the offset likewise may not include the health insurance subsidy which the claimant receives in connection with her state retirement benefits. On remand the judge should also reconsider the claim for penalties, interest, costs, and an attorney's fee, to the extent that this claim is affected by recomputation of the employer's offset.

The appealed order is reversed and the case is remanded.

ERVIN and DAVIS, JJ., CONCUR.


Summaries of

Webber v. Volusia Co. Health

District Court of Appeal of Florida, First District
May 8, 2000
757 So. 2d 581 (Fla. Dist. Ct. App. 2000)
Case details for

Webber v. Volusia Co. Health

Case Details

Full title:GEORGETTE WEBBER, Appellant, v. VOLUSIA CO. HEALTH and DIVISION OF RISK…

Court:District Court of Appeal of Florida, First District

Date published: May 8, 2000

Citations

757 So. 2d 581 (Fla. Dist. Ct. App. 2000)