386 So. 2d 892

STATE of Florida, DEPARTMENT OF TRANSPORTATION; DIVISION OF RISK MANAGEMENT, Appellants/Cross-Appellees, v. Wesley MATTHEWS, Appellee/Cross-Appellant.

No. PP-417.

District Court of Appeal of Florida, First District.

Aug. 19, 1980.

*893Jon D. White, Pensacola, for appellants/cross-appellees.

Norton Bond, Pensacola, for appel-lee/cross-appellant.

PER CURIAM.

The carrier, in an attempt to recoup what it considered overpayment made as a result of the claimant’s receipt of social security benefits, reduced the claimant’s weekly compensation benefits. The Department of Transportation presents a timely appeal of the Deputy Commissioner's order directing reimbursement.

The deputy correctly determined that the Department could not retroactively reduce benefits because of the claimant’s receipt of lump sum social security benefits. He erred, however, in allowing recoupment of excess payments made by the carrier after the commencement of social security benefits but prior to the Department’s election to take appropriate weekly deductions. The order is accordingly reversed as to the issues raised in Points 2 and 3. Florida Power & Light Co. v. Adkins, 377 So.2d 57 (Fla. 1st DCA 1979) and Department of Transportation v. Lindsey, 383 So.2d 956 (Fla.App.1980). The cause is remanded to the deputy for the entry of an order that comports with the Adkins and Lindsey decisions.

LARRY G. SMITH and SHAW, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.

State, Department of Transportation v. Matthews
386 So. 2d 892

Case Details

Name
State, Department of Transportation v. Matthews
Decision Date
Aug 19, 1980
Citations

386 So. 2d 892

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!