City of Tampa v. Bartley, AF-55
| Decision Date | 18 May 1982 |
| Docket Number | No. AF-55,AF-55 |
| Citation | 413 So.2d 1280 |
| Parties | CITY OF TAMPA, Appellant, v. David A. BARTLEY, Appellee. |
| Court | Florida District Court of Appeals |
Joseph G. Spicola, Jr., and Stephen M. Barbas, Asst. City Attys., Tampa, for appellant.
Bruce A. Campbell, Melendi & Campbell, Tampa, for appellee.
The City of Tampa appeals a worker's compensation award on the grounds (1) the deputy commissioner erred in including certain employer's pension contributions in computation of claimant's average weekly wage, (2) and erred in his finding of a 45% disability based upon loss of wage earning capacity. We affirm in part, and reverse in part.
In computing the claimant's average weekly wage, the deputy commissioner included the sum of $126.00 paid weekly by the City of Tampa, for the benefit of the claimant, pursuant to the terms and provisions of the City of Tampa Firefighters and Police Officers Pension Contract. Under Subsection 7(b) of the agreement, the employee is entitled to receive a disability benefit upon the occurrence of an injury which physically or mentally permanently incapacitates him from performing continuously the regular duties of a police officer. The injuries sustained by the claimant in his line of duty accident were such that he became entitled to benefits under this provision. We agree with the deputy commissioner's conclusion that under this provision the claimant received a vested interest, a tangible benefit of real present-day value by virtue of the employer's contributions for this purpose.
However, the weekly contribution of $126.00 also provides the funding for a longevity retirement benefit, for employees reaching the age of forty-six years with at least twenty years service with the Department (Subsection 7(a) of the agreement), and disability benefits for any nonservice connected injury, disease or disability, provided the employee has served at least ten years with the Department (Subsection 7(c) of the agreement). We agree with the appellant's contention that these latter benefits, the longevity retirement benefit and the nonservice connected injury, disease or disability benefits, are not "vested," and therefore do not meet the test of "tangible benefit of a real present-day value," under State, Dept. of Health & Rehab. Services v. Ryan, 381 So.2d 269 (Fla.App.1980). We reject appellee's contention that the recent cases, Florida Sheriffs Ass'n v. Dept. of Admin., 408 So.2d 1033 (Fla.1981), and City of Tallahassee v. Pub. Emp. Rel. Com., 410 So.2d 487 (Fla.1981), call for a different result.
That portion of the pension contributions which provide for claimant's line of duty...
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