STATE OF FLORIDA DEPARTMENT OF INSURANCE AND DIVISION OF RISK MANAGEMENT, APPELLANTS,
v.
ANTONIA DAMORE AND THE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF WORKERS' COMPENSATION, APPELLEES
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Florida appellate court reversed a workers' compensation order denying a social security offset for permanent total disability benefits paid biweekly, holding that the statutory character of such benefits as 'weekly compensation' is not destroyed by administrative convenience in payment frequency.
A section 440.15(9)(a) social security benefits offset applies to permanent total disability compensation even when paid biweekly rather than weekly, because the statutory character of such benefits as 'weekly compensation' is not altered by the payment method.
[1] The statutory character of permanent total disability benefits as 'weekly compensation' under section 440.15(1)(e) is not altered by payment on a biweekly basis, and ther…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the administrative convenience of paying these benefits on a biweekly basis as allowed by section 440.-20(2) does not destroy their statutory character as a weekly benefit”
Court explaining why payment frequency does not alter the nature of the benefit for offset purposes
An employer/carrier sought to offset permanent total disability compensation benefits against social security benefits. The claimant was receiving per…
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WENTWORTH, Judge.
Employer/carrier seek review of a workers’ compensation order by which a section 440.15(9)(a), Florida Statutes, compensation offset for social security benefits was disallowed. Claimant is receiving compensation for permanent total disability which employer/carrier is paying on a biweekly basis as allowed by section 440.20(2), Florida Statutes. The deputy determined that in accordance with Good Housekeeping Gas Co. v. Kitler, 492 So. 2d 700 (Fla. 1st DCA 1986), such biweekly payment precludes the offset which is applicable to “weekly compensation benefits” as provided by section 440.15(9)(a). However, section 440.-15(l)(e), Florida Statutes, describes permanent total disability benefits as “weekly compensation” and the administrative convenience of paying these benefits on a biweekly basis as allowed by section 440.-20(2) does not destroy their statutory character as a weekly benefit. See State of Florida Division of Workers’ Compensation Administrative Trust Fund & Walt Disney World v. Hooks, 515 So. 2d 294 (Fla. 1st DCA 1987). The section 440.15(9)(a) compensation offset for social security benefits is thus available even though compensation for permanent total disability is paid on a biweekly basis.
The order appealed is reversed.
NIMMONS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Special Disability Tr. Fund v. Meyer USA, 721 So. 2d 421 (Fla. 1st DCA 1998)…tinuing treatment would have been needed for the 1982 injury, even if the 1988 injury had not occurred.” See Flowers Baking Co. v. Special Disability Trust Fund, 550 So. 2d 135, 137 (Fla. 1st DCA 1989); Special Disability Trust Fund v. Pantry Pride, 517 So. 2d 84, 87 (Fla. 1st DCA 1987) (holding that “[ojnly when the injuries attributable solely to the second accident are found not to have rendered the employee PTD and when the employee is PTD due to the first and second accident can it be found that the E/S…
Authorities Cited
- Good Housekeeping GAS Co. & Crawford & Co. v. Kitler, 492 So. 2d 700 (Fla. 1st DCA 1986)
- Clifton Constr. & Zurich Ins. Co. v. Floyd, 515 So. 2d 294 (Fla. 1st DCA 1987)
- State v. Hooks, 515 So. 2d 294 (Fla. 1st DCA 1987)