State, Division of Family Services v. Varela, AI-430

Decision Date31 August 1982
Docket NumberNo. AI-430,AI-430
PartiesSTATE of Florida, DIVISION OF FAMILY SERVICES and National Loss Control Service Corporation, Appellants, v. Margarita VARELA and the Division of Workers' Compensation, Appellees.
CourtFlorida District Court of Appeals

Summers Warden, Miami, for appellants.

Martin M. Dernis, Coral Gables, for appellees.


The employer/carrier (E/C) bring this appeal from a compensation order issued upon claimant's petition for modification of a prior order. The E/C assert that the deputy commissioner (deputy) erred in several respects, among them, by failing to find that the E/C are entitled to receive credit for overpayment of temporary total disability (TTD) benefits during the period from June 19, 1980 to February 28, 1981. We agree that the deputy erred in failing to determine whether there was a reasonable basis for the overpayment, and in failing to allow the E/C to credit any overpayments found to have been reasonably made against continuing TTD or unpaid permanent partial disability (PPD) benefits. We find the remaining issues raised by appellant to be without merit.

Claimant's industrial injury occurred in 1974, and in 1978 claimant was found by the Judge of Industrial Claims to have reached maximum medical improvement on November 7, 1977, with a 50% permanent disability of the body as a whole. The E/C thereafter commenced payment of PPD benefits. On June 19, 1980 claimant had to be re-hospitalized for treatment of accident-related injuries, and the E/C commenced payment of TTD benefits on that date and continuing through the date of the hearing. However, uncontradicted evidence in the record reveals that claimant returned to work around August 1, 1980, and worked fairly regularly thereafter until November 16, 1980 when she entered the hospital for non-accident related medical treatment. The claimant was not entitled to receive TTD benefits for the periods when she was working or was disabled as the result of noncompensable medical problems, and, indeed, she only claimed entitlement to nine weeks of TTD benefits for the period from June 1980 to February 1981.

Accordingly, the case is remanded with instructions to the deputy to calculate the amount of the TTD benefits to which claimant was entitled during the period in issue and, if overpayment was reasonable, to allow the E/C to credit any overpayment against claimant's continuing TTD benefits, if any, or against any as yet...

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3 cases
  • Structural Systems, Inc. v. Worthen, AZ-4
    • United States
    • Florida District Court of Appeals
    • February 11, 1985
    ...for such overpayment. Belam Florida Corporation v. Dardy, 397 So.2d 756 (Fla. 1st DCA 1981); State of Florida, Division of Family Services v. Varela, 418 So.2d 1182 (Fla. 1st DCA 1982). Clearly a reasonable basis for the overpayment existed, in that at the time of the agreement, claimant's ......
  • Gill v. U.S. Agri-Chemicals, AGRI-CHEMICAL
    • United States
    • Florida District Court of Appeals
    • May 7, 1990
    ...categories of benefits, requires that there be a reasonable basis for the prior overpayment. See e.g., State Division of Family Services v. Varela, 418 So.2d 1182 (Fla. 1st DCA 1982). The evidence presented below includes circumstances which might be construed as involving fraudulent misrep......
  • Pepsi Cola Bottling Co. v. Walker, AM-116
    • United States
    • Florida District Court of Appeals
    • December 6, 1982
    ...on the deputy to determine whether a reasonable basis exists for such overpayment. State of Florida, Division of Family Services v. Varela, 418 So.2d 1182 (Fla. 1st DCA 1982). Accordingly, we reverse paragraph 16 of the deputy's order and remand this case with directions to the deputy to ca......

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