Webber v. Volusia Co. Health & Division of Risk Management

The claimant appeals a workers’. compensation order by which the judge denied a claim which was based on a challenge to the amount of the offset which the employer applied against permanent total disability benefits. In denying this claim the judge ruled that the employer took a proper offset in accordance with Escambia County Sheriff's Department v. Grice, 692 So.2d 896 (Fla.1997). However, while the Grice offset pertains in this case pursuant to § 440.20(15), Fla. Stat. (1991), the offset may not include the cost of living adjustment for the claimant’s state disability retirement benefits.…