Escambia County Sheriff's Dept. v. Grice, No. 86327

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; KOGAN
Citation692 So.2d 896
Parties22 Fla. L. Weekly S234 ESCAMBIA COUNTY SHERIFF'S DEPARTMENT, et al., Petitioners, v. Thomas GRICE, Respondent.
Decision Date01 May 1997
Docket NumberNo. 86327

Page 896

692 So.2d 896
22 Fla. L. Weekly S234
ESCAMBIA COUNTY SHERIFF'S DEPARTMENT, et al., Petitioners,
v.
Thomas GRICE, Respondent.
No. 86327.
Supreme Court of Florida.
May 1, 1997.

Mary E. Cruickshank of McConnaughhay, Roland, Maida & Cherr, Tallahassee, for Petitioners.

James F. McKenzie of McKenzie & Soloway, P.A., Pensacola, for Respondent.

David A. McCranie of David A. McCranie, P.A., Jacksonville, for amicus curiae State of Florida, Department of Insurance, Division of Risk Management.

Ellen Lorenzen and John R. Dixon of Barr, Murman, Tonelli, Herzfeld & Rubin, Tampa, for amicus curiae School Board of Hillsborough County.

Thomas H. McDonald of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for amicus curiae Orange County Board of County Commissioners.

Robert A. McMillan, County Attorney and Lonnie N. Groot, Deputy County Attorney, Sanford, for amicus curiae Seminole County, Florida.

Derrick E. Cox of Hurley & Rogner, P.A., Orlando, for amici curiae Brevard County Board of County Commissioners and Florida Community Colleges Risk Management Consortium.

Dennis A. Ross of Ross, Williams & Deal, P.A., Lakeland, for amicus curiae City of Lakeland.

Robert A. Ginsburg, Dade County Attorney and Thomas A. Tucker Ronzetti, Assistant County Attorney, Miami, for amicus curiae Metropolitan Dade County.

Page 897

PER CURIAM.

We have for review a decision ruling upon the following question certified to be of great public importance:

WHEN AN EMPLOYEE RECEIVES WORKERS' COMPENSATION, STATE DISABILITY RETIREMENT, AND SOCIAL SECURITY DISABILITY BENEFITS, IS THE EMPLOYER ENTITLED TO OFFSET AMOUNTS PAID TO THE EMPLOYEE FOR STATE DISABILITY RETIREMENT AND SOCIAL SECURITY DISABILITY AGAINST WORKERS' COMPENSATION BENEFITS TO THE EXTENT THAT THE COMBINED TOTAL OF ALL BENEFITS EXCEEDS THE EMPLOYEE'S AVERAGE WEEKLY WAGE?

Grice v. Escambia County Sheriff's Dep't, 658 So.2d 1208, 1211-12 (Fla. 1st DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla.Const.

This case involves a disabled deputy sheriff, Thomas Grice, who was injured in January 1985, while employed by the Escambia County Sheriff's Department (the county). Thereafter, Grice received permanent total disability benefits pursuant to chapter 440 (Workers' Compensation Law), social security disability benefits, and state disability retirement benefits under the Florida State Retirement System. Grice's pre-injury average weekly wage (AWW) was determined to be $583.88. Before any offsets, Grice received $392.00 weekly in worker's compensation benefits; $167.36 weekly in state disability retirement benefits; and $163.85 weekly in social security disability benefits.

In June 1993, the county notified Grice that it was offsetting his permanent total disability benefits based upon the amount that his combined worker's compensation, state disability retirement, and social security disability benefits exceeded his AWW. Grice disputed the county's right to take the offset and sought repayment of the benefits withheld plus fees, costs, interest, and penalties. The Judge of Compensation Claims (JCC) issued an order denying the claim and allowing the county to continue workers' compensation...

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37 practice notes
  • City of Hollywood v. Lombardi, No. SC96482.
    • United States
    • United States State Supreme Court of Florida
    • October 19, 2000
    ...offset upon section 440.20(15), Florida Statutes (1993), and this Court's decision in Escambia County Sheriffs Department v. Grice, 692 So.2d 896 (Fla. 1997). The other significant area of controversy that arose was whether the amount of the E/SA's lien should be capped at Lombardi's net re......
  • HRS DIST. II v. Pickard, No. 98-1097.
    • United States
    • Florida District Court of Appeals
    • July 19, 1999
    ...and resulting offset arising under section 440.20(15), Florida Statutes (Supp.1986), and Escambia County Sheriffs Department v. Grice, 692 So.2d 896 (Fla.1997). The employer and its insurance carrier, HRS District II and Alexsis Risk Management (E/C), argue on appeal that the judge of compe......
  • Medina v. Miami Dade Cnty., No. 1D19-1410
    • United States
    • Court of Appeal of Florida (US)
    • July 15, 2020
    ...Statutes (1987), against the leave compensation paid is recognized.3 Id . at 1079 (citing Escambia Cty. Sheriff's Dep't v. Grice , 692 So. 2d 896, 898 (Fla. 1997) ). Specifically, while section 440.09(1) dictates an employer may not avoid paying workers’ compensation by offering alternative......
  • Dixon v. Pasadena Yacht & Country Club, No. 98-1064.
    • United States
    • Court of Appeal of Florida (US)
    • April 27, 1999
    ...source" subject to the 100 percent cap on average weekly wage (AWW) discussed in Escambia County Sheriff's Department v. Grice, 692 So.2d 896 (Fla.1997); (2) whether social security retirement benefits are a "collateral source" subject to the 100 percent AWW cap discussed in Grice; and (3) ......
  • Request a trial to view additional results
37 cases
  • City of Hollywood v. Lombardi, No. SC96482.
    • United States
    • United States State Supreme Court of Florida
    • October 19, 2000
    ...offset upon section 440.20(15), Florida Statutes (1993), and this Court's decision in Escambia County Sheriffs Department v. Grice, 692 So.2d 896 (Fla. 1997). The other significant area of controversy that arose was whether the amount of the E/SA's lien should be capped at Lombardi's net re......
  • HRS DIST. II v. Pickard, No. 98-1097.
    • United States
    • Florida District Court of Appeals
    • July 19, 1999
    ...and resulting offset arising under section 440.20(15), Florida Statutes (Supp.1986), and Escambia County Sheriffs Department v. Grice, 692 So.2d 896 (Fla.1997). The employer and its insurance carrier, HRS District II and Alexsis Risk Management (E/C), argue on appeal that the judge of compe......
  • Medina v. Miami Dade Cnty., No. 1D19-1410
    • United States
    • Court of Appeal of Florida (US)
    • July 15, 2020
    ...Statutes (1987), against the leave compensation paid is recognized.3 Id . at 1079 (citing Escambia Cty. Sheriff's Dep't v. Grice , 692 So. 2d 896, 898 (Fla. 1997) ). Specifically, while section 440.09(1) dictates an employer may not avoid paying workers’ compensation by offering alternative......
  • Dixon v. Pasadena Yacht & Country Club, No. 98-1064.
    • United States
    • Court of Appeal of Florida (US)
    • April 27, 1999
    ...source" subject to the 100 percent cap on average weekly wage (AWW) discussed in Escambia County Sheriff's Department v. Grice, 692 So.2d 896 (Fla.1997); (2) whether social security retirement benefits are a "collateral source" subject to the 100 percent AWW cap discussed in Grice; and (3) ......
  • Request a trial to view additional results

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