WINN DIXIE STORES, INC. v. CRAWFORD

No. QQ-36.

376 So.2d 482 (1979)

WINN DIXIE STORES, INC., and Underwriters Adjusting Co., Appellants, v. Bobby Lee CRAWFORD, Appellee.

District Court of Appeal of Florida, First District.

November 9, 1979.


Attorney(s) appearing for the Case

Stephen W. Bazinsky, of Walton, Lantaff, Schroeder & Carson, Fort Lauderdale, for appellants.

Lloyd C. Hawthorne, Plantation, for appellee.


PER CURIAM.

The employer/carrier appeals a worker's compensation order which we hereby affirm, except as to the Judge's refusal to consider the claimant's "average current earnings" in computing the § 440.15(1), Fla. Stat., compensation offset. The carrier is entitled to such offset, based on 80% of the claimant's average weekly wage, only so long as the § 440.15(1), Fla. Stat. offset does not exceed the federal offset under 42 U.S.C. § 424a, based...

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