FLORIDA DEPARTMENT OF CORRECTIONS AND DIVISION OF RISK MANAGEMENT, APPELLANTS,
v.
MACK MULVANEY, APPELLEE
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PER CURIAM.
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, 755 So. 2d 597 (Fla.1999); State v. Herny, 24 Fla. L. Weekly D2467, — So. 2d -, 1999 WL 979474 (Fla. 1st DCA Oct.29, 1999); Alderman v. Florida Plastering, 748 So. 2d 1038 (Fla. 1st DCA 1998), review granted, 732 So. 2d 326 (Fla.1999). As in Hemy, 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.
PADOVANO, J.,
concurring in part and dissenting in part.
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, 752 So. 2d 92 (Fla. 1st DCA 2000), I would not certify the issue to the supreme court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Georgette Webber v. Volusia Co. Health & Div. of Risk Mgmt., 757 So. 2d 581 (Fla. 1st DCA 2000)…So. 2d 119 (Fla. 1st DCA 2000); State v. Herny, 24 Fla. L. Weekly D2467, — So. 2d -, 1999 WL 979474 (Fla. 1st DCA October 29, 1999), rev. granted, No. 96,962, — So. 2d — (Fla. March 20, 2000); see also Florida Department of Corrections v. Mulvaney, 752 So. 2d 120 (Fla. 1st DCA 2000); University of West Florida v. Mixson, 752 So. 2d 92 (Fla. 1st DCA 2000); HRS District II v. Pickard, 24 Fla. L. Weekly D1749, — So. 2d -, 1999 WL 503456 (Fla. 1st DCA July 19, 1999), petition for review filed,. Ho. 96,801 (Fla.…
Authorities Cited
- Escambia Cnty. Sheriff's Dep't v. Grice, 692 So. 2d 896 (Fla. 1997)
- City OF Clearwater v. Judi Acker, 755 So. 2d 597 (Fla. 1999)
- Alderman v. Fla. Plastering & Associated Indus. Ins. Co., 748 So. 2d 1038 (Fla. 1st DCA 1998)
- Univ. OF W. Fla. & Alexsis Risk Mgmt. v. Mixson, 752 So. 2d 92 (Fla. 1st DCA 2000)