State, Department of Transportation v. Matthews

Florida District Courts of Appeal
State, Department of Transportation v. Matthews, 386 So. 2d 892 (1980)
1980 Fla. App. LEXIS 17353
Liles, Ret, Shaw, Smith

State, Department of Transportation v. Matthews

Opinion of the Court

PER CURIAM.

The carrier, in an attempt to recoup what it considered overpayment made as a result of the claimant’s receipt of social security benefits, reduced the claimant’s weekly compensation benefits. The Department of Transportation presents a timely appeal of the Deputy Commissioner's order directing reimbursement.

The deputy correctly determined that the Department could not retroactively reduce benefits because of the claimant’s receipt of lump sum social security benefits. He erred, however, in allowing recoupment of excess payments made by the carrier after the commencement of social security benefits but prior to the Department’s election to take appropriate weekly deductions. The order is accordingly reversed as to the issues raised in Points 2 and 3. Florida Power & Light Co. v. Adkins, 377 So.2d 57 (Fla. 1st DCA 1979) and Department of Transportation v. Lindsey, 383 So.2d 956 (Fla.App. 1980). The cause is remanded to the deputy for the entry of an order that comports with the Adkins and Lindsey decisions.

LARRY G. SMITH and SHAW, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.

Reference

Full Case Name
STATE of Florida, DEPARTMENT OF TRANSPORTATION DIVISION OF RISK MANAGEMENT, Appellants/Cross-Appellees v. Wesley MATTHEWS, Appellee/Cross-Appellant
Cited By
1 case
Status
Published