Supreme Court of Florida, 2000

Florida Department of Transportation v. Johns

Supreme Court of Florida · Decided January 20, 2000 · Anstead, Harding, Lewis, Pariente, Quince, Shaw, Wells

755 So. 2d 603; 25 Fla. L. Weekly Supp. 49; 2000 Fla. LEXIS 64; 2000 WL 38938 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Orange County Fire Rescue v. Antonelli (Fla. Dist. Ct. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

QUINCE, J.

We have for review a decision on the following question of great public importance certified by the First District Court of Appeal in Department of Transportation v. Johns, 753 So.2d 108 (Fla. 1st DCA 1998):

WHERE AN EMPLOYER TAKES A WORKERS’ COMPENSATION OFFSET UNDER SECTION 440.20(15), FLORIDA STATUTES (1985), AND INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(l)(e)(l), FLORIDA STATUTES (1985), IS THE EMPLOYER ENTITLED TO RECALCULATE THE OFFSET BASED ON THE YEARLY 5% INCREASE IN SUPPLEMENTAL BENEFITS?

We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in City of Clearwater v. Acker, 755 So.2d 597 (Fla. 1999), we answer the certified question in the negative and approve the First District’s decision in this case.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, and LEWIS, JJ., concur.

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