State-HRS/Division of Risk Management v. Sever

District Court of Appeal of Florida

State-HRS/Division of Risk Management v. Sever

754 So. 2d 751, 2000 Fla. App. LEXIS 1929, 2000 WL 220424

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 2000

DocketNo. 1D98-4247

StatusPublished

This text of 754 So. 2d 751 (State-HRS/Division of Risk Management v. Sever) 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-HRS/Division of Risk Management v. Sever, 754 So. 2d 751, 2000 Fla. App. LEXIS 1929, 2000 WL 220424 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

We find no reversible error as to either of the two issues raised in the main appeal but we agree with the claimant’s argument in the cross-appeal. The employer and carrier should not have been allowed to offset the accrued cost-of-living increases in the claimant’s supplemental workers’ compensation benefits and state disability retirement benefits between the time of the claimant’s disabling injury and the time of the initial offset calculation. See State Department of Insurance v. Herny, - So.2d -, 24 Fla. L. Weekly D2467, 1999 WL 979474 (Fla. 1st DCA 1999). Accordingly, we remand for recalculation of the initial offset to exclude any post-injury [752]*752cost-of-living increases to the claimant’s supplemental benefits and retirement benefits. In all other respects the final order of the judge of compensation claims is affirmed.

Affirmed in part and reversed in part.

WEBSTER, KAHN and PADOVANO, JJ., CONCUR.

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PER CURIAM.

We find no reversible error as to either of the two issues raised in the main appeal but we agree with the claimant’s argument in the cross-appeal. The employer and carrier should not have been allowed to offset the accrued cost-of-living increases in the claimant’s supplemental workers’ compensation benefits and state disability retirement benefits between the time of the claimant’s disabling injury and the time of the initial offset calculation. See State Department of Insurance v. Herny, - So.2d -, 24 Fla. L. Weekly D2467, 1999 WL 979474 (Fla. 1st DCA 1999). Accordingly, we remand for recalculation of the initial offset to exclude any post-injury [752]*752cost-of-living increases to the claimant’s supplemental benefits and retirement benefits. In all other respects the final order of the judge of compensation claims is affirmed.

Affirmed in part and reversed in part.

WEBSTER, KAHN and PADOVANO, JJ., CONCUR.

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754 So. 2d 751, 2000 Fla. App. LEXIS 1929, 2000 WL 220424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-hrsdivision-of-risk-management-v-sever-fladistctapp-2000.

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