Peppas Contractor & Developer v. Ayers

The employer/carrier appeal from a compensation order awarding claimant 30 percent permanent partial disability benefits based on a loss of wage earning capacity and refusing to grant the employer/carrier a credit for temporary total compensation paid by the employer/carrier after MMI. We affirm the award of compensation benefits and reverse the deputy commissioner’s disallowance of credit for the temporary total compensation paid after MMI.

In Belam Florida Corporation v. Dardy, 397 So.2d 756, 759 (Fla. 1st DCA 1981), we held that an overpayment of compensation benefits may be applied as a…