Ramos v. Artco Store Fixtures

Full title: PEDRO RAMOS, Appellant, v. ARTCO STORE FIXTURES and ASSOCIATED INDUSTRIES…

Court: District Court of Appeal of Florida, First District

Date published: May 1, 2000

763 So. 2d 1211 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D98-4234.

Opinion filed May 1, 2000.

An appeal from an order of the Judge of Compensation Claims. John G. Tomlinson, Judge.

Daniel J. Sullivan, Miami, for Appellant.

Mary Ann Stiles of Stiles, Taylor Grace, P.A., Tampa and Rayford H. Taylor of Stiles, Taylor Grace, P.A., Tallahassee, for Appellee.

PER CURIAM.

We affirm the order on all issues on appeal except one. The JCC erred in awarding the employer and carrier a social security offset taken retroactively. See South Fla. Water Management Dist. v. Ciacci, 647 So.2d 203, 205 (Fla. 1st DCA 1994) (holding that an E/C may only take a social security offset prospectively, as of the date it exercises its right under statute). Accordingly, we AFFIRM in part, REVERSE as to the retroactive social security offset, and REMAND to the JCC.

KAHN, WEBSTER, and PADOVANO, JJ., CONCUR.