State, Department of Transportation v. Matthews

District Court of Appeal of Florida

State, Department of Transportation v. Matthews

386 So. 2d 892, 1980 Fla. App. LEXIS 17353

CourtDistrict Court of Appeal of Florida

DecidedAugust 19, 1980

DocketNo. PP-417

StatusPublished

Cited by1 cases

This text of 386 So. 2d 892 (State, Department of Transportation v. Matthews) 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.

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State, Department of Transportation v. Matthews, 386 So. 2d 892, 1980 Fla. App. LEXIS 17353 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

The carrier, in an attempt to recoup what it considered overpayment made as a result of the claimant’s receipt of social security benefits, reduced the claimant’s weekly compensation benefits. The Department of Transportation presents a timely appeal of the Deputy Commissioner's order directing reimbursement.

The deputy correctly determined that the Department could not retroactively reduce benefits because of the claimant’s receipt of lump sum social security benefits. He erred, however, in allowing recoupment of excess payments made by the carrier after the commencement of social security benefits but prior to the Department’s election to take appropriate weekly deductions. The order is accordingly reversed as to the issues raised in Points 2 and 3. Florida Power & Light Co. v. Adkins, 377 So.2d 57 (Fla. 1st DCA 1979) and Department of Transportation v. Lindsey, 383 So.2d 956 (Fla.App.1980). The cause is remanded to the deputy for the entry of an order that comports with the Adkins and Lindsey decisions.

LARRY G. SMITH and SHAW, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.

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PER CURIAM.

The carrier, in an attempt to recoup what it considered overpayment made as a result of the claimant’s receipt of social security benefits, reduced the claimant’s weekly compensation benefits. The Department of Transportation presents a timely appeal of the Deputy Commissioner's order directing reimbursement.

The deputy correctly determined that the Department could not retroactively reduce benefits because of the claimant’s receipt of lump sum social security benefits. He erred, however, in allowing recoupment of excess payments made by the carrier after the commencement of social security benefits but prior to the Department’s election to take appropriate weekly deductions. The order is accordingly reversed as to the issues raised in Points 2 and 3. Florida Power & Light Co. v. Adkins, 377 So.2d 57 (Fla. 1st DCA 1979) and Department of Transportation v. Lindsey, 383 So.2d 956 (Fla.App.1980). The cause is remanded to the deputy for the entry of an order that comports with the Adkins and Lindsey decisions.

LARRY G. SMITH and SHAW, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.

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Bluebook (online)

386 So. 2d 892, 1980 Fla. App. LEXIS 17353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-transportation-v-matthews-fladistctapp-1980.

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