TRILLA v. BRAMAN CADILLAC

No. 87-455.

527 So.2d 873 (1988)

Orlando J. TRILLA, Appellant, v. BRAMAN CADILLAC and Adjustco, Inc., Appellees.

District Court of Appeal of Florida, First District.

June 17, 1988.


Attorney(s) appearing for the Case

Albert E. Harum, Jr., Miami, for appellant.

Michael Fichtel of Adams, Kelley, Kronenberg & Kelley, Miami, for appellees.


BARFIELD, Judge.

The claimant in this workers' compensation case appeals an order approving a reduction of benefits under section 440.15(9), Florida Statutes (1982), based upon 80 percent of his average weekly wage. We reverse.

The statute provides an offset for Social Security benefits payable under 42 U.S.C. sections 402 and 423, so that the total benefits do not exceed 80 percent of the claimant's average weekly wage (AWW). The statute limits the offset...

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