Coca-Cola Bottling Co. v. Rambo
| Decision Date | 13 March 1991 |
| Docket Number | COCA-COLA,No. 90-1730,90-1730 |
| Citation | 16 Fla. L. Weekly 700,576 So.2d 394 |
| Parties | 16 Fla. L. Weekly 700 TheBOTTLING COMPANY and General Adjustment Bureau, Appellants, v. William RAMBO, Appellee. |
| Court | Florida District Court of Appeals |
Jesse F. Sparks of Sparks, Cooper & Leklem, P.A., Orlando, for appellants.
George J. Adler, P.A., Orlando, for appellee.
The employer/carrier (E/C) appeal an order determining claimant's average weekly wage (AWW) and awarding temporary benefits from May 1, 1989, until August 31, 1989. We find that there is competent, substantial evidence supporting the order appealed, which included the following in the calculation of claimant's AWW: $30.00 per week for the use of a company vehicle; $19.66 per week vacation pay; $8.00 per week for "starchips" received by claimant as part of an employer's award program; and the value of any bonuses claimant received for the last quarter of 1988. We reject the E/C's contention that claimant was not entitled to temporary benefits for the period claimed because the employer continued to pay the claimant's salary for that period. The JCC found, correctly, that the money paid claimant was not "salary continuation in lieu of compensation," but instead, was severance pay. Claimant was contractually entitled to the severance pay, amounting to one month's salary for every year of service, upon termination of his employment. The right to receive this payment was not related to or dependent in any way upon the existence or nonexistence of a workers' compensation claim at the time of termination. 1 The only requirement for receipt of the payment was claimant's execution of a release of all claims (excepting workers' compensation) against the company.
AFFIRMED.
1 Brown v. S.S. Kresge Company, Inc., 305 So.2d 191 (Fla.1975), cited by the E/C, is inapposite. More to the point is Marion Correctional Institution v. Kriegel, 522 So.2d 45 (Fla. 5th DCA), rev. denied, 531 So.2d 1354 (Fla.1988) ().
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...issue do not permit employers to offset workers' compensation benefits by severance payments. See, e.g., Coca-Cola Bottling Co. v. Rambo, 576 So.2d 394, 395 (Fla. Dist.Ct.App.1991); Kramer v. Workers' Comp. Appeal Bd., 794 A.2d 953, 959 (Pa.Commw.Ct.2002); EMI Co. v. Workers' Comp. Appeal B......
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Medina v. Miami Dade Cnty.
...to or dependent in any way upon the existence or non-existence of a workers’ compensation claim. See Coca-Cola Bottling Co. v. Rambo , 576 So. 2d 394, 394 (Fla. 1st DCA 1991). Here, the Employer was not paying wages in lieu of workers’ compensation because it was sourcing the funds from Cla......
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...payment was contractual obligation and based on past years of service; thus, employer not entitled to credit); Coca-Cola Bottling Co. v. Rambo, 576 So.2d 394 (Fla.App.1991) (employee contractually entitled to severance pay, so no setoff); Marion Correctional Inst. v. Kriegel, 522 So.2d 45 (......