GENERAL DEVELOPMENT CORP. AND THE TRAVELERS INS. CO., APPELLANTS,
v.
THOMAS G. PRICE, APPELLEE

Fla. 1st DCA | 1981-10-16
No. ZZ-229
ROBERT P. SMITH, Jr., C. J., and McCORD and MILLS, JJ., concur.
404 So. 2d 859 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

[*860] PER CURIAM.

The deputy commissioner’s determination that the employer/carrier improperly offset workers’ compensation payments to reflect Social Security benefits to claimant’s dependent is reversed in light of our decision in Modern Plating Co. v. Whitton, 394 So. 2d 515 (Fla. 1st DCA 1981). However, we remand for possible redetermination of payments due in light of possible adjustment to claimant’s average weekly wage for profit-sharing benefits. In all other respects, the deputy’s orders are supported by substantial competent evidence.

AFFIRMED in part, REVERSED in part, and REMANDED.

ROBERT P. SMITH, Jr., C. J., and McCORD and MILLS, JJ., concur.

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  • State v. Davis, 416 So. 2d 1132 (Fla. 1st DCA 1981)
    …d, therefore, could not be applied to an accident occurring prior to the new statute’s effective date. We reverse in light of our decisions in Modern Plating Co. v. Whitton, 394 So. 2d 515 (Fla. 1st DCA 1981), and General Development Corp. v. Price, 404 So. 2d 859 (Fla. 1st DCA 1981), which held the change [*1133] to be procedural and applicable regardless of the date of the accident. Both parties have also pointed out that, if the offset for the dependents’ benefits is permitted, this court must decide whet…

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