Florida District Courts of Appeal, 2000

Florida Department of Corrections v. Mulvaney

Florida Department of Corrections v. Mulvaney
Florida District Courts of Appeal · Decided March 6, 2000 · Kahn, Padovano, Webster
752 So. 2d 120; 2000 Fla. App. LEXIS 2195; 2000 WL 241921 (Southern Reporter, Second Series)

Florida Department of Corrections v. Mulvaney

Concurring in Part

PADOVANO, J.,

concurring in part and dissenting in part.

I join in the decision, but for the reasons expressed in my separate opinion in University of West Florida and Alexsis Risk Management v. Mixson, 752 So.2d 92 (Fla. 1st DCA 2000), I would not certify the issue to the supreme court.

Opinion of the Court

PER CURIAM.

In this workers’ compensation case, the employer/carrier (E/C) appeal an order of the judge of compensation claims (JCC) concerning the calculation of offsets to which the E/C are entitled. Based on recent decisions of this court and the Florida Supreme Court, we approve the JCC’s order. See, e.g., City of Clearwater v. Acker, 755 So.2d 597 (Fla. 1999); State v. Herny, 24 Fla. L. Weekly D2467, — So.2d -, 1999 WL 979474 (Fla. 1st DCA *121Oct.29, 1999); Alderman v. Florida Plastering, 748 So.2d 1038 (Fla. 1st DCA 1998), review granted, 732 So.2d 326 (Fla. 1999). As in Hemy, we certify to the supreme court the following question of great public importance:

WHEN CALCULATING THE OFFSET FOR DISABILITY RETIREMENT BENEFITS PURSUANT TO ESCAMBIA COUNTY SHERIFF’S DEPARTMENT V. GRICE, 692 So.2d 896 (Fla. 1997), IS THE EMPLOYER ENTITLED TO INCLUDE COST-OF-LIVING INCREASES TO THOSE BENEFITS?

AFFIRMED.

KAHN and WEBSTER, concur, and PADOVANO, concurring in part and dissenting in part with opinion.

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