City of Daytona Beach v. Amsel, No. 90-1953
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | JOANOS |
| Citation | 585 So.2d 1044 |
| Parties | CITY OF DAYTONA BEACH, Appellant/Cross-Appellee, v. Jeffrey AMSEL, Appellee/Cross-Appellant. 585 So.2d 1044, 16 Fla. L. Week. D2298 |
| Decision Date | 30 August 1991 |
| Docket Number | No. 90-1953 |
Page 1044
v.
Jeffrey AMSEL, Appellee/Cross-Appellant.
585 So.2d 1044, 16 Fla. L. Week. D2298
First District.
Rehearing Denied Oct. 18, 1991.
Page 1045
Gregory J. McDole, Asst. City Atty., Daytona Beach, for appellant.
Paul J. Morgan of Simmermon, Morgan & Wingo, Orlando and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for appellee.
JOANOS, Chief Judge.
In this workers' compensation case, the employer, the City of Daytona Beach (City), appeals an order of the judge of compensation claims requiring reimbursement of disability pension benefits withheld by the City as an offset against the claimant's workers' compensation benefits. The claimant cross-appeals that portion of the order denying his claim for inclusion of the value of his sick leave benefits in the average weekly wage calculation. We affirm the issue on appeal, and reverse the issue on cross-appeal.
On March 29, 1982, claimant was injured in the course and scope of his employment as a police officer with the City. Effective August 25, 1984, claimant was granted a service-connected disability pension. After his injury, based on an average weekly wage of $443.62, claimant received the maximum compensation rate of $253.00 per week in temporary total disability benefits. On December 11, 1988, claimant was accepted as permanently and totally disabled. Beginning August 25, 1984, contemporaneously with the grant of his service-connected disability pension, pursuant to Section 6 of the City's pension fund, the City reduced claimant's disability pension benefits by the amount of his monthly workers' compensation benefits. Since claimant's workers' compensation benefits exceeded his disability pension benefits, no pension benefits were paid.
As part of his employee benefits, claimant was entitled to eight hours of sick leave per month, valued at $13.71 per week. Under the City's sick leave incentive program, according to a specific formula, a portion of accrued sick leave, not to exceed forty hours per year, could be paid to an employee. Immediately following claimant's injury, the City applied his accrued sick leave to pay him full salary. This continued until
Page 1046
such time as claimant's sick leave was exhausted.The Florida Supreme Court's decision in Barragan v. City of Miami, 545 So.2d 252 (Fla.1989), was released April 20, 1989. In accordance with the Barragan decision, the City discontinued the workers' compensation offset against claimant's disability pension benefits, except to the extent that the combination of workers' compensation benefits and disability pension benefits exceeded one hundred percent of claimant's average weekly wage. However, the City pension board decided that it would not apply the Barragan decision retroactively.
Claimant filed a petition to increase his workers' compensation benefits. Citing Barragan, claimant maintained the City had acted improperly in offsetting his workers' compensation benefits against his disability pension benefits. Claimant also sought an increase in his average weekly wage calculation...
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Florida East Coast Ry. Co. v. CSX Transp., Inc., Nos. 93-2601
...608 So.2d 800, 802 (Fla.1992), cert. denied, --- U.S. ----, 113 S.Ct. 1647, 123 L.Ed.2d 268 (1993); City of Daytona Beach v. Amsel, 585 So.2d 1044, 1046 (Fla.Dist.Ct.App.1991); Oakbrooke Assoc., Ltd v. Insurance Comm'r of California, 581 So.2d 943, 946 (Fla.Dist.Ct.App.1991). Specifically, ......
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Meeker v. Provenant Health Partners, No. 95CA0904
...Tire & Rubber Co. v. Industrial Commission, 221 Ill.App.3d 641, 164 Ill.Dec. 181, 582 N.E.2d 744 (1991); City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla.App.1991) (vested sick leave benefits); Vida Appliances, Inc. v. Gates, 416 So.2d 1186 (Fla.App.1982) (vested vacation Indeed, the onl......
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Woodley v. State, No. 95-2749
...effect only." Florida Forest and Park Serv. v. Strickland, 154 Fla. 472, 18 So.2d 251, 253 (Fla.1944); City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991); Hampton v. A. Duda & Sons, Inc., 511 So.2d 1104 (Fla. 5th DCA 1987); see also Vogel v. State, 365 So.2d 1079, 1080 (Fla.......
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City of Miami v. Bell, No. 91-1878
...in City of Miami v. Burnett, 596 So.2d 478 (Fla. 1st DCA 1992). In that case we followed our decision in City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991), which held that Barragan is to be retroactively applied to compensable injuries occurring after the July 1, 1973, repe......
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Florida East Coast Ry. Co. v. CSX Transp., Inc., Nos. 93-2601
...608 So.2d 800, 802 (Fla.1992), cert. denied, --- U.S. ----, 113 S.Ct. 1647, 123 L.Ed.2d 268 (1993); City of Daytona Beach v. Amsel, 585 So.2d 1044, 1046 (Fla.Dist.Ct.App.1991); Oakbrooke Assoc., Ltd v. Insurance Comm'r of California, 581 So.2d 943, 946 (Fla.Dist.Ct.App.1991). Specifically, ......
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Meeker v. Provenant Health Partners, No. 95CA0904
...Tire & Rubber Co. v. Industrial Commission, 221 Ill.App.3d 641, 164 Ill.Dec. 181, 582 N.E.2d 744 (1991); City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla.App.1991) (vested sick leave benefits); Vida Appliances, Inc. v. Gates, 416 So.2d 1186 (Fla.App.1982) (vested vacation Indeed, the onl......
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Woodley v. State, No. 95-2749
...effect only." Florida Forest and Park Serv. v. Strickland, 154 Fla. 472, 18 So.2d 251, 253 (Fla.1944); City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991); Hampton v. A. Duda & Sons, Inc., 511 So.2d 1104 (Fla. 5th DCA 1987); see also Vogel v. State, 365 So.2d 1079, 1080 (Fla.......
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City of Miami v. Bell, No. 91-1878
...in City of Miami v. Burnett, 596 So.2d 478 (Fla. 1st DCA 1992). In that case we followed our decision in City of Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991), which held that Barragan is to be retroactively applied to compensable injuries occurring after the July 1, 1973, repe......