State, Department of Labor & Employment Security v. McGrath

The State of Florida, Department of Labor and Employment Security, Workers’ Compensation Administrative Trust Fund, appeals a final order of the Judge of Compensation Claims (JCC), contending that the JCC erred in ruling, in effect, that this court’s decision in Acker v. City of Clearwater, 755 So.2d 651 (Fla. 1st DCA 1998), approved, 755 So.2d 597 (Fla.1999), should be applied retroactively to the computation of the permanent total disability benefits payable to appellee Richard McGrath, claimant below. We affirm.

In Acker, this court held that, where an employer/carrier1 takes a workers’…