593 So. 2d 1182

CITY OF MIAMI, Appellant, v. Joseph VENTURA, Appellee.

No. 91-00804.

District Court of Appeal of Florida, First District.

Feb. 14, 1992.

Jorge L. Fernandez, City Atty., and Ramon Irizarri and Kathryn S. Pecko, Asst. City Attys., Miami, for appellant.

Mark L. Zientz of Williams & Zientz, Miami, for appellee.

PER CURIAM.

This cause is before us on appeal from an order requiring appellant, the City of Miami, to reimburse appellee, the claimant below, for offsets taken against his monthly pension benefits from July 1, 1973 through July 31, 1989. Because appellee’s injury took place prior to the July 1, 1973 repeal of Section 440.09(4), Florida Statutes, this case is controlled by City of Miami v. Jones, 593 So.2d 544 (Fla. 1st DCA 1992). As we did in Jones, we reverse the offset reimbursement award and remand for further proceedings.

REVERSED AND REMANDED.

BOOTH, SMITH and BARFIELD, JJ., concur.

City of Miami v. Ventura
593 So. 2d 1182

Case Details

Name
City of Miami v. Ventura
Decision Date
Feb 14, 1992
Citations

593 So. 2d 1182

Jurisdiction
Florida

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