CITY OF MIAMI, APPELLANT,
v.
PAUL BARRAGAN, APPELLEE
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The court reversed the order appealed based on prior case law.
The employer reduced the claimant's pension benefits by offsetting worker's compensation. The deputy applied a statute to award compensation benefits …
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WENTWORTH, Judge.
We reverse the order appealed on the authority of City of Miami v. Knight, 510 So. 2d 1069 (Fla. 1st DCA 1987), rev. den. 518 So. 2d 1276 (Fla.Supreme Court 1987).1 However, in light of the supreme court’s pronouncements in Jewel Tea Co. v. Florida Industrial Commission, 235 So. 2d 289 (Fla.1970), and the recurrent nature of the issue presented, in accordance with Fla.R.App.P. 9.030(a)(2)(A)(v) we certify the following question as one of great public importance:
DOES THE EMPLOYER’S REDUCTION OF CLAIMANT’S PENSION BENEFITS, PURSUANT TO CONTRACTUAL PROVISION FOR OFFSET OF WORKER’S COMPENSATION, PERMIT THE DEPUTY’S APPLICATION OF SECTION 440.21, FLORIDA STATUTES, TO AWARD COMPENSATION BENEFITS TO CLAIMANT “AT HIS COMBINED MAXIMUM MONTHLY WAGE”?
NIMMONS and ZEHMER, JJ., concur. . We note the deputy’s reliance upon City of Miami v. Giordano, 488 So. 2d 538 (Fla. 1st DCA 1986) (affirmed without opinion), but accept the rationale stated by Knight without speculation on the basis for the alleged contrary result in Giordano.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Barragan v. City OF Miami, 545 So. 2d 252 (Fla. 1989)…ers’ compensation benefits up to his average monthly wage. The First District Court of Appeal reversed on the authority of City of Miami v. Knight, 510 So. 2d 1069 (Fla. 1st DCA), review denied, 518 So. 2d 1276 (Fla.1987). City of Miami v. Barragan, 517 So. 2d 99 (Fla. 1st DCA 1987). In Giordano’s case the deputy commissioner originally held the offset to be impermissible. The First District Court of Appeal affirmed this ruling without opinion in City of Miami v. Giordano, 488 So. 2d 538 (Fla. 1st DCA 1986).…1 / 2
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Saavedra v. State, 576 So. 2d 953 (Fla. 1st DCA 1991)…exual battery of the same type and character committed against the same victim. Otherwise stated, relying primarily on such cases as Carawan v. State, 515 So. 2d 161 (Fla.1987), Wade v. State, 368 So. 2d 76 (Fla. 4th DCA 1979) and Roberson v. State, 517 So. 2d 99 (Fla. 1st DCA 1987), he contends that he was convicted three times for one continuous act. While finding no Florida case directly on point, the state nonetheless asserts that each assault occurred at a different time and location and that in betwee…
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Giordano v. City OF Miami, 526 So. 2d 737 (Fla. 1st DCA 1988)…Florida Statutes (1985), from reducing a claimant’s pension benefits in accordance with the City’s municipal ordinance. City of Miami v. Knight, 510 So. 2d 1069 (Fla. 1st DCA), rev. denied, 518 So. 2d 1276 (Fla.1987). In City of Miami v. Barragan, 517 So. 2d 99 (Fla. 1st DCA 1987), the issue of pension offset was again raised. This court reversed the deputy’s ruling that the pension offset could not be taken citing City of Miami v. Knight, 510 So. 2d 1069. The court then certified to the supreme court the…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jewel TEA Co., Inc. v. Fla. Indus. Comm'n & Arthur Hoagey, 235 So. 2d 289 (Fla. 1969)
- City OF Miami v. Janies Knight, 510 So. 2d 1069 (Fla. 1st DCA 1987)