City of Miami v. Smith
City of Miami v. Smith
Opinion of the Court
In this worker’s compensation case, appellant City of Miami appeals the order of the judge of compensation claims (JCC) finding, pursuant to Florida Workers’ Compensation Rule of Procedure 4.161(c), that the City abandoned any challenge to compensation benefits from January 1, 1977 through July 31, 1989. We reverse.
Rule 4.161(c) states:
Abandonment. Any challenge to benefits certified as affected by appeal under Rule 4.160(a) of these rules, but not raised, argued or encompassed in appellant’s (or cross-appellant’s) initial brief, shall be deemed abandoned by the appellant (or cross-appellant).
The JCC’s ruling on the question of abandonment relates to the prior pension offset dispute between the parties ruled upon by this court in City of Miami v. Smith, 602 So.2d 542 (Fla. 1st DCA 1992) (on motion for rehearing and/or clarification). In that case, the order from which the City took an appeal stated that should the total of claimant’s workers’ compensation and pension benefits exceed his average monthly wage, claimant is nonetheless entitled to maximum compensation benefits until such time as he is properly credited for $20,431.00 in personal accumulated contributions which were retained by the City and out of which, in part, his disability benefits were paid. In its initial brief on appeal the City prayed “that claimant be reimbursed for the pension offset taken for the period commencing in 1977 through July 31, 1989, and omit any finding or award related to the $20,431.00” (emphasis added). In our
REVERSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.