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Florida Department of Labor & Employment Security v. Boise Cascade Corp.
Citations: 790 So. 2d 1092; 26 Fla. L. Weekly Supp. 494; 2001 Fla. LEXIS 1397Docket: No. SC94103
Court: Supreme Court of Florida; July 12, 2001; Florida; State Supreme Court
William M. Bowman, Jr. sustained injuries while employed at Boise Cascade Corporation. The First District Court of Appeal overturned the trial court's ruling that allowed the employer to adjust the workers’ compensation offset annually to account for increases in supplemental benefits. The court certified a significant question regarding the legality of recalculating this offset based on a yearly 5% increase in supplemental benefits under Florida Statutes Section 440.20(15) and Section 440.15(1)(e)(1). Following precedent set in City of Clearwater v. Acker, the court answered the certified question negatively, agreeing with the First District's decision. The court did not address whether the Acker decision should be applied retroactively, as this issue was not certified for review and was absent from the compensation judge's findings. Additionally, Bowman requested attorney’s fees against the Florida Department of Labor and Employment Security. However, the court clarified that statutory authority is required for such awards and determined that Section 440.20 does not permit fees against the Department in this context. Therefore, the First District’s denial of Bowman’s fee motion was approved. The ruling was concurring by Chief Justice Wells and Justices Shaw, Harding, Anstead, Pariente, Lewis, and Quince.