Florida Dept. of Transp. v. Johns
| Decision Date | 20 January 2000 |
| Docket Number | No. SC94366.,SC94366. |
| Parties | FLORIDA DEPARTMENT OF TRANSPORTATION, et al., Petitioners, v. Tony JOHNS, Respondent. |
| Court | Florida Supreme Court |
David A. McCranie of McCranie & Lower, P.A., Jacksonville, Florida, for Petitioner.
Sylvan A. Wells, Daytona Beach, Florida, for Respondent.
We have for review a decision on the following question of great public importance certified by the First District Court of Appeal in Department of Transportation v. Johns, 753 So.2d 108 (Fla. 1st DCA 1998):
WHERE AN EMPLOYER TAKES A WORKERS' COMPENSATION OFFSET UNDER SECTION 440.20(15), FLORIDA STATUTES (1985), AND INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)(1), FLORIDA STATUTES (1985), IS THE EMPLOYER ENTITLED TO RECALCULATE THE OFFSET BASED ON THE YEARLY 5% INCREASE IN SUPPLEMENTAL BENEFITS?
We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in City of Clearwater v. Acker, 755 So.2d 597 (Fla.1999), we answer the certified question in the negative and approve the First District's decision in this case.
It is so ordered.
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Orange County Fire Rescue v. Antonelli
...on other grounds, 779 So.2d 266 (Fla.2001); Dep't of Transp. v. Johns, 753 So.2d 108 (Fla. 1st DCA 1998), approved on other grounds, 755 So.2d 603 (Fla.2000). Both decisions hold that while the employer is not entitled to recalculate a Grice offset each year based on the yearly five-percent......