Delano vs. YRC Freight / Sedgwick
Scott B. Miller
Judge Owens (Port St. Lucie) (3-23-18) – Denied claim for correction of Social Security Offset. The E/C included PTD supplemental benefits when the SS offset was initially calculated, which the claimant argued should not have been included. Citing to several 1st DCA rulings, as well as Rule 69L-3.01945(f)b), F.A.C., the JCC agreed with the E/C and concluded that supplemental benefits are to be included in calculating the SS offset. The JCC also held that preliminary offset amount complied with Fla. Stat. section 440.15(9)(a) because it did not exceed the claimant’s weekly SS benefit amount and denied the claim for correction of the SS offset.
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