City of Miami v. Barragan, BR-35
| Decision Date | 22 December 1987 |
| Docket Number | No. BR-35,BR-35 |
| Citation | 517 So.2d 99,13 Fla. L. Weekly 59 |
| Parties | 13 Fla. L. Weekly 59 CITY OF MIAMI, Appellant, v. Paul BARRAGAN, Appellee. |
| Court | Florida District Court of Appeals |
An Appeal from an Order of Deputy Commissioner, William Johnson.
Lucia A. Dougherty, City Atty., Martha D. Fornaris, Asst. City Atty., Miami, for appellant.
Williams & Zeintz, Coral Gables, and Joseph C. Segor, Miami, for appellee.
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"?
1 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.
To continue reading
Request your trial
- Saavedra v. State
-
City of Miami v. Gates, 91-72
...District upheld the offset ordinance but certified the question of its validity to the Florida Supreme Court. City of Miami v. Barragan, 517 So.2d 99 (Fla. 1st DCA 1987), rev'd, 545 So.2d 252 (Fla.1989); see also Giordano v. City of Miami, 526 So.2d 737, 739 (Fla. 1st DCA 1988) (certifying ......
-
Barragan v. City of Miami
...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......
-
Giordano v. City of Miami, 87-297
...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 ......