Florida District Courts of Appeal, 1999

Cope v. Electro-Protective Corp.

Cope v. Electro-Protective Corp.
Florida District Courts of Appeal · Decided August 5, 1999 · Allen, Davis, Joanos
737 So. 2d 650; 1999 Fla. App. LEXIS 10574; 1999 WL 569561 (Southern Reporter, Second Series)

Cope v. Electro-Protective Corp.

Opinion of the Court

PER CURIAM.

The claimant appeals a workers’ compensation order which permits the employer/carrier to annually recalculate the § 440.15(9), Fla. Stat. (1987), offset upon eligibility for social security benefits, so as to encompass annual increases in the supplemental benefits which pertain under section 440.15(l)(e)l, Florida Statutes (1987). Hunt v. Stratton, 677 So.2d 64 (Fla. 1st DCA 1996), which notes that the supplemental benefits provide a cost of living adjustment, prohibits such annual recalculation of the section 440.15(9) offset. See also Cruse Const v. St Remy, 704 So.2d 1100 (Fla. 1st DCA 1997). The appealed order is therefore reversed, and the case is remanded.

JOANOS, ALLEN and DAVIS, JJ., CONCUR.

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