Whitman v. Hillsborough County School Board

Docket: No. PP-415

Court: District Court of Appeal of Florida; August 15, 1980; Florida; State Appellate Court

Lead Opinion SummaryLead Opinion OriginalLead Opinion Analysis

EnglishEspañolSimplified EnglishEspañol Fácil

The appeal concerns whether the Appellant, injured in a compensable accident while employed by the Appellee School Board, is entitled to benefits from the 1975 amendment to Florida's Social Security Offset Statute, Section 440.15(10). The Deputy Commissioner ruled against the Appellant, stating that the amendment did not apply because the injury occurred before its effective date. This decision was reversed.

The Florida offset statute at the time allowed for a reduction in Chapter 440 benefits based on the combined amount of state and federal social security disability benefits, imposed when their sum exceeded the individual's average weekly wage. The 1975 amendment aimed to prevent reductions beyond what would occur under federal law, specifically addressing 42 U.S.C. 424a, which limits the reduction of social security benefits when combined with state benefits.

The case references several decisions from the Industrial Relations Commission which established that the 1975 amendment applies to compensation payments made after the effective date, regardless of when the injury occurred. The Deputy Commissioner had relied on a precedent that involved a retroactive application of a statute, which was deemed irrelevant in this context.

The ruling clarified that the application of the 1975 amendment is appropriate for the Appellant, whose average weekly wage was calculated at $151.20, while his average current earnings for social security purposes were $218.27. The total of his federal and Chapter 440 benefits was $158.73, which was below the 80% threshold of his average current earnings but exceeded the threshold based on his average weekly wage, resulting in an improper offset reduction.

Consequently, the Deputy Commissioner’s order was reversed, and the case was remanded for an order consistent with the court's opinion. Judges Larry G. Smith and Shaw concurred with the decision.