State Department of Insurance v. Damore

WENTWORTH, Judge.

Employer/carrier seek review of a workers’ compensation order by which a section 440.15(9)(a), Florida Statutes, compensation offset for social security benefits was disallowed. Claimant is receiving compensation for permanent total disability which employer/carrier is paying on a biweekly basis as allowed by section 440.20(2), Florida Statutes. The deputy determined that in accordance with Good Housekeeping Gas Co. v. Kitler, 492 So.2d 700 (Fla. 1st DCA 1986), such biweekly payment precludes the offset which is applicable to “weekly compensation benefits” as provided by…