Cope v. Electro-Protective Corp.

District Court of Appeal of Florida

Cope v. Electro-Protective Corp.

737 So. 2d 650, 1999 Fla. App. LEXIS 10574, 1999 WL 569561

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 1999

DocketNo. 98-3246

StatusPublished

Cited by1 cases

This text of 737 So. 2d 650 (Cope v. Electro-Protective Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cope v. Electro-Protective Corp., 737 So. 2d 650, 1999 Fla. App. LEXIS 10574, 1999 WL 569561 (Fla. Ct. App. 1999).

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Opinion

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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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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737 So. 2d 650, 1999 Fla. App. LEXIS 10574, 1999 WL 569561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cope-v-electro-protective-corp-fladistctapp-1999.

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