Pardo v. Sun Supermarket

WENTWORTH, Judge.

Appellant, the claimant, seeks review of a worker’s compensation order by which her claim for reimbursement of an overpayment credit taken by the employer/carrier was denied. We reverse, finding no “evidence that claimant voluntarily accepted continued payment of [fringe benefits] with full knowledge that such acceptance would reduce [her] otherwise available cash benefits”, Constanzer v. Sta Rite, 432 So.2d 775, 776 (Fla. 1st DCA 1983), and finding further that the deputy commissioner did not determine whether there was a reasonable basis for an overpayment based on an…