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DEPT. OF TRANSP., DIVISION OF RISK v. LINDSEY

No. QQ-164.

383 So.2d 956 (1980)

DEPARTMENT OF TRANSPORTATION, DIVISION OF RISK MANAGEMENT, Appellant, v. James Lee LINDSEY, Appellee.

District Court of Appeal of Florida, First District.

May 21, 1980.

Attorney(s) appearing for the Case

Jon D. White, Pensacola, for appellant.

Clayton J.M. Adkinson of Thompson, Adkinson & Beasley, DeFuniak Springs, for appellee.

ROBERT P. SMITH, Jr., Judge.

The State employer appeals from a compensation order conforming Lindsey's permanent disability benefits to Section 440.15(10), Florida Statutes (1979), which provides that those weekly benefits "shall be reduced" to the extent they and Social Security benefits aggregate more than 80 percent of claimant's average weekly wage. Section 440.15(10)(a). The principal issue is whether the judge of industrial claims erred in denying the employer...

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