FLORIDA DEPARTMENT OF TRANSPORTATION v. LONDON

No. QQ-458.

380 So.2d 554 (1980)

FLORIDA DEPARTMENT OF TRANSPORTATION and National Loss Control Service Corp., Appellants, v. Willie L. LONDON, Appellee.

District Court of Appeal of Florida, First District.

March 3, 1980.


Attorney(s) appearing for the Case

C. Anthony Schoder, Jr., of Smith, Schoder & Wallace, Daytona Beach, for appellants.

Robert W. Elton, of Smalbein, Eubank, Johnson, Rosier & Bussey, Daytona Beach, for appellee.


PER CURIAM.

The employer/carrier appeals a worker's compensation order which we affirm except insofar as the claimant's average weekly wage computation included state retirement benefits pursuant to Chapter 121, Fla. Stat.

Such benefits do not vest before extended years of employment and the record contains no evidence that they were of any present-day real economic value. The record also fails to show that this claimant's Chapter 121 benefits had vested,...

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