Winn Dixie Stores, Inc. v. Crawford

District Court of Appeal of Florida

Winn Dixie Stores, Inc. v. Crawford

376 So. 2d 482

CourtDistrict Court of Appeal of Florida

DecidedNovember 9, 1979

DocketNo. QQ-36

StatusPublished

Cited by1 cases

This text of 376 So. 2d 482 (Winn Dixie Stores, Inc. v. Crawford) 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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Winn Dixie Stores, Inc. v. Crawford, 376 So. 2d 482 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

The employer/carrier appeals a worker’s compensation order which we hereby affirm, except as to the Judge’s refusal to consider the claimant’s “average current earnings” in computing the § 440.15(1), Fla. Stat., compensation offset. The carrier is entitled to such offset, based on 80% of the claimant’s average weekly wage, only so long as the § 440.15(1), Fla.Stat. offset does not exceed the federal offset under 42 U.S.C. § 424a, based on 80% of the claimant’s “average current earnings.” Beulah Baptist Church v. Brantley, IRC Order 2— 3907 (September 11, 1979).

Accordingly, the order is affirmed in part and reversed in part, and the cause is remanded for further proceedings consistent with this opinion.

LARRY G. SMITH, Acting C. J., and SHAW and WENTWORTH, JJ., concur.

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PER CURIAM.

The employer/carrier appeals a worker’s compensation order which we hereby affirm, except as to the Judge’s refusal to consider the claimant’s “average current earnings” in computing the § 440.15(1), Fla. Stat., compensation offset. The carrier is entitled to such offset, based on 80% of the claimant’s average weekly wage, only so long as the § 440.15(1), Fla.Stat. offset does not exceed the federal offset under 42 U.S.C. § 424a, based on 80% of the claimant’s “average current earnings.” Beulah Baptist Church v. Brantley, IRC Order 2— 3907 (September 11, 1979).

Accordingly, the order is affirmed in part and reversed in part, and the cause is remanded for further proceedings consistent with this opinion.

LARRY G. SMITH, Acting C. J., and SHAW and WENTWORTH, JJ., concur.

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376 So. 2d 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winn-dixie-stores-inc-v-crawford-fladistctapp-1979.

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