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STATE, DEPT. OF TRANSP. v. DAVIS

No. YY-191.

416 So.2d 1132 (1981)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Wesley A. DAVIS, Appellee.

District Court of Appeal of Florida, First District.

As Clarified February 16, 1982.

Attorney(s) appearing for the Case

Luke G. Galant of Dawson, Galant, Madox, Sulik & Nichols, Jacksonville, for appellant.

Bette Towers Miller and Gary I. Christian of Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for appellee.

PER CURIAM.

This cause is before us on appeal by the employer/carrier from a Deputy Commissioner's order finding that social security benefits paid to the claimant's dependents as a result of his December 22, 1978, accident could not be offset pursuant to Florida Statutes, § 440.15(10)(a),1 as amended in 1979. The basis of the Deputy's holding was that the change in the statute to permit consideration of dependents' benefits was substantive...

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